“(4) Waiver.—The Secretary of the Army may waive the deadlines specified in paragraph (1):
“(A) For the deadline specified in paragraph (1)(A), if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline.
“(B) For the deadline specified in paragraph (1)(B), if the Secretary submits to the congressional defense committees a certification that—
“(i) allocating resources toward procurement of an integrated enduring capability would provide robust tiered and layered protection to the joint force; or
“(ii) additional time is required to complete testing, training, and preparation for operational capability.”
“(b) Waiver.—The Secretary of Defense may waive a certification requirement under paragraphs (1) or (2) of subsection (a) with respect to U–2 aircraft or RQ–4 aircraft if the Secretary—
“(1) with respect to the requirement under paragraph (1) of that subsection—
“(A) determines, after analyzing sufficient and relevant data, that a greater capability is worth increased operating and sustainment costs; and
“(B) provides to the appropriate committees of Congress a certification on such determination and supporting analysis; and
“(2) with respect to the requirement under paragraph (2) of that subsection—
“(A) determines, after analyzing sufficient and relevant data, that a loss in capacity and capability will not prevent the combatant commands from accomplishing their missions at acceptable levels of risk; and
“(B) provides to the appropriate committees of Congress a certification of such determination and supporting analysis.”
“(1) the Secretary has identified—
“(A) a capability with sufficient capacity to replace the current fleet of 16 E–8 Joint Surveillance Target Attack Radar System aircraft in a manner that meets global combatant command requirements; and
“(B) potential global basing locations for such capability; and
“(2) such replacement capability delivers capabilities that are comparable or superior to the capabilities delivered by such aircraft.”
; and
Ҥ 231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force: annual plan and certification
“(a) Annual Aircraft Procurement Plan and Certification.—Not later than 30 days after the date on which the President submits to Congress the budget for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees the following:
“(1) A plan for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force developed in accordance with this section.
“(2) A certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.
“(b) Covered Aircraft.—The aircraft specified in this subsection are the aircraft as follows:
“(1) Fighter aircraft.
“(2) Attack aircraft.
“(3) Bomber aircraft.
“(4) Intertheater lift aircraft.
“(5) Intratheater lift aircraft.
“(6) Intelligence, surveillance, and reconnaissance aircraft.
“(7) Tanker aircraft.
“(8) Remotely piloted aircraft.
“(9) Rotary-wing aircraft.
“(10) Operational support and executive lift aircraft.
“(11) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.
“(c) Annual Aircraft Procurement Plan.—
(1) The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a) should be designed so that the aviation force provided for under the plan is capable of supporting the national military strategy of the United States as set forth in the most recent National Defense Strategy submitted under section 113(g) of this title and the most recent National Military Strategy submitted under section 153(b) of this title.
“(2) Each annual aircraft procurement plan shall include the following:
“(A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force over the next 15 fiscal years.
“(B) A description of the aviation force structure necessary to meet the requirements of the national military strategy of the United States.
“(C) The estimated levels of annual investment funding necessary to carry out each aircraft program, together with a discussion of the procurement strategies on which such estimated levels of annual investment funding are based, set forth in aggregate for the Department of Defense and in aggregate for each military department.
“(D) The estimated level of annual funding necessary to operate, maintain, sustain, and support each aircraft program throughout the life-cycle of the program, set forth in aggregate for the Department of Defense and in aggregate for each military department.
“(E) For each of the cost estimates required by subparagraphs (C) and (D)—
“(i) a description of whether the cost estimate is derived from the cost estimate position of the military department concerned or from the cost estimate position of the Office of Cost Assessment and Program Evaluation;
“(ii) if the cost estimate position of the military department and the cost estimate position of the Office of Cost Assessment and Program Evaluation differ by more than 5 percent for any aircraft program, an annotated cost estimate difference and sufficient rationale to explain the difference;
“(iii) the confidence or certainty level associated with the cost estimate for each aircraft program; and
“(iv) a certification that the calculations from which the cost estimate is derived are based on common cost categories used by the Under Secretary of Defense for Acquisition and Sustainment for calculating the life-cycle cost of an aircraft program.
“(F) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Army, the Department of the Navy, and the Department of the Air Force meet the national security requirements of the United States.
“(3) For any cost estimate required by subparagraph (C) or (D) of paragraph (2) for any aircraft program for which the Secretary is required to include in a report under section 2432 of this title, the source of the cost information used to prepare the annual aircraft plan shall be derived from the Selected Acquisition Report data that the Secretary plans to submit to the congressional defense committees in accordance with subsection (f) of that section for the year for which the annual aircraft procurement plan is prepared.
“(4) Each annual aircraft procurement plan shall be submitted in unclassified form, and shall contain a classified annex. A summary version of the unclassified report shall be made available to the public.
“(d) Assessment When Aircraft Procurement Budget Is Insufficient to Meet Applicable Requirements.—If the budget for any fiscal year provides for funding of the procurement of aircraft for the Department of the Army, the Department of the Navy, or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes the funding shortfall and discusses the risks associated with the reduced force structure of aircraft that will result from funding aircraft procurement at such level. The assessment shall be coordinated in advance with the commanders of the combatant commands.
“(e) Annual Report on Aircraft Inventory.—
(1) As part of the annual plan and certification required to be submitted under this section, the Secretary shall include a report on the aircraft in the inventory of the Department of Defense.
“(2) Each report under paragraph (1) shall include the following, for the year covered by such report, the following:
“(A) The total number of aircraft in the inventory.
“(B) The total number of the aircraft in the inventory that are active, stated in the following categories (with appropriate subcategories for mission aircraft, training aircraft, dedicated test aircraft, and other aircraft):
“(i) Primary aircraft.
“(ii) Backup aircraft.
“(iii) Attrition and reconstitution reserve aircraft.
“(C) The total number of the aircraft in the inventory that are inactive, stated in the following categories:
“(i) Bailment aircraft.
“(ii) Drone aircraft.
“(iii) Aircraft for sale or other transfer to foreign governments.
“(iv) Leased or loaned aircraft.
“(v) Aircraft for maintenance training.
“(vi) Aircraft for reclamation.
“(vii) Aircraft in storage.
“(D) The aircraft inventory requirements approved by the Joint Chiefs of Staff.
“(3) Each report under paragraph (1) shall set forth each item specified in paragraph (2) separately for the regular component of each armed force and for each reserve component of each armed force and, for each such component, shall set forth each type, model, and series of aircraft provided for in the future-years defense program that covers the fiscal year for which the budget accompanying the plan, certification and report is submitted.
“(f) Budget Defined.—In this section, the term ‘budget’ means the budget of the President for a fiscal year as submitted to Congress pursuant to section 1105 of title 31.”
“231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force: annual plan and certification.”.
“(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.”
Ҥ 2374b. Disclosure requirements for recipients of research and development funds
“(a) In General.—Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities.
“(b) Exception.—The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters.
“(c) Waiver.—The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis.
“(d) Public Document Defined.—In this section, the term ‘public document’ means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.”
“2374b. Disclosure requirements for recipients of research and development funds.”.
“(e) Advisory Assistance.—
“(1) In general.—The Under Secretary shall establish a mechanism to seek advice from existing Federal advisory committees on matters relating to—
“(A) the implementation and prioritization of activities established under subsection (a); and
“(B) determining how such activities may be used to support the overall technology strategy of the Department of Defense.
“(2) Existing federal advisory committees defined.—In this subsection, the term ‘existing Federal advisory committee’ means an advisory committee that—
“(A) is established pursuant to a provision of Federal law other than this section; and
“(B) has responsibilities relevant to the activities established under subsection (a), as determined by the Under Secretary.”
; and
“(2) Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).”
“(e) Use of Quantum Computing Capabilities.—The Secretary of each military department shall—
“(1) develop and annually update a list of technical problems and research challenges which are likely to be addressable by quantum computers available for use within in the next one to three years, with a priority for technical problems and challenges where quantum computing systems have performance advantages over traditional computing systems, in order to enhance the capabilities of such quantum computers and support the addressing of relevant technical problems and research challenges; and
“(2) establish programs and enter into agreements with appropriate medium and small businesses with functional quantum computing capabilities to provide such private sector capabilities to government, industry, and academic researchers working on relevant technical problems and research activities.”
“(d) Directed Energy Working Group.—
“(1) In general.—Not later than 60 days after the date of the enactment of the National Defense Authorization Act for fiscal year 2021, the Secretary of Defense shall establish a working group to be known as the ‘Directed Energy Working Group’.
“(2) Responsibilities.—The Directed Energy Working Group shall—
“(A) analyze and evaluate the current and planned directed energy programs of each of the military departments;
“(B) make recommendations to the Secretary of Defense—
“(i) describing how memoranda of understanding may be used to coordinate the directed energy activities conducted by the Department of Defense using amounts authorized to be appropriated for research, development, test, and evaluation; and
“(ii) proposing the establishment of specific memoranda of understanding between individual organizations and elements of the Department of Defense to facilitate such coordination;
“(C) identify methods of quickly fielding directed energy capabilities and programs; and
“(D) develop a compendium on the effectiveness of directed energy weapon systems and integrate the compendium into an overall Joint Effectiveness Manual under the guidance from the Joint Technical Coordination Group for Munitions Effectiveness.
“(3) Head of working group.—The head of the Directed Energy Working Group shall be the Under Secretary of Defense for Research and Engineering or the designee of the Under Secretary.
“(4) Membership.—The members of the Directed Energy Working Group shall be appointed as follows:
“(A) One member from each military department, appointed by the Secretary of the military department concerned.
“(B) One member appointed by the Under Secretary of Defense for Research and Engineering.
“(C) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.
“(D) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.
“(E) One member appointed by the Director of the Defense Advanced Research Projects Agency.
“(F) One member appointed by the Director of Operational Test and Evaluation.
“(G) One member appointed by the Director of the Missile Defense Agency.
“(H) Such other members as may be appointed by the Secretary of Defense from among individuals serving in the Department of Defense.
“(5) Deadline for appointment.—Members of the Directed Energy Working Group shall be appointed not later than 30 days after the date of the establishment of the working group under paragraph (1).
“(6) Briefings to congress.—Not later than 180 days after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not less frequently than once every 180 days thereafter, the Directed Energy Working Group shall provide to the congressional defense committees a briefing on the progress of each directed energy program that is being adopted or fielded by the Department of Defense.
“(7) Termination.—The Directed Energy Working Group established under this subsection shall terminate 4 years after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.”
“(1) In general.—Not later than one year after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the pilot program.”
; and
“(F) With respect to any military department not participating in the pilot program, an explanation for such nonparticipation, including identification of—
“(i) any issues that may be preventing such participation; and
“(ii) any offices or other elements of the Department of Defense that may be responsible for the delay in participation.”
“(e) Sunset.—The pilot program under this section shall terminate on September 30, 2025.”
“(1) Expedite testing, evaluation, and acquisition of hypersonic technologies to meet the stated needs of the warfighter, including flight testing, ground-based-testing, and underwater launch testing.”
“(2) Ensure prototyping demonstration programs on hypersonic systems integrate advanced technologies to speed the maturation and deployment of future hypersonic systems.”
“(3) Ensure that any demonstration program on hypersonic systems is carried out only if determined to be consistent with the roadmap for the relevant critical technology area supportive of the National Defense Strategy, as developed by the senior official with responsibility for such area under section 217 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.”
“(4) Develop strategies and roadmaps for hypersonic technologies to enable the transition of such technologies to future operational capabilities for the warfighter.”
“(5) Develop and implement a strategy for enhancing the current and future hypersonics workforce.”
; and
“(6) Coordinate with relevant stakeholders and agencies to support the technological advantage of the United States in developing hypersonic systems.”
“(11) The results of an assessment, conducted biannually, on the efforts of the Center and the Department of Defense to develop or contribute to the development of standards for artificial intelligence, including—
“(A) a description of such efforts;
“(B) an evaluation of the need to incorporate standards for artificial intelligence into the strategies and doctrine of the Department and a description of any efforts undertaken to further the development and adoption of such standards;
“(C) an explanation of any collaboration on artificial intelligence standards development with—
“(i) other organizations and elements of the Department of Defense (including the Defense Agencies and the military departments);
“(ii) agencies of the Federal Government;
“(iii) the intelligence community;
“(iv) representatives of the defense industrial base and other sectors of private industry; and
“(v) any other agencies, entities, organizations, or persons the Secretary considers appropriate; and
“(D) an explanation of any participation by the Center and the Department of Defense in international or other multi-stakeholder standard-setting bodies.
“(12) For each member of the Armed Forces who concluded a formal assignment supporting the Center in the period of six months preceding the date of the report, a position description of the billet that the member transitioned into, as provided to the Center by the Armed Force of the member within 30 days of reassignment.
“(13) An annual update, developed in consultation with the Armed Forces, on the status of active duty members of the Armed Forces assigned to the Center. This update shall include the following:
“(A) An assessment of the effectiveness of such assignments in strengthening the ties between the Center and the Armed Forces for the purposes of—
“(i) identifying tactical and operational use cases for artificial intelligence;
“(ii) improving data collection relating to artificial intelligence; and
“(iii) establishing effective lines of communication between the Center and the Armed Forces to identify and address concerns from the Armed Forces relating to the widespread adoption and dissemination of artificial intelligence.
“(B) A description of any efforts undertaken to create opportunities for additional nontraditional broadening assignments at the Center for members of the Armed Forces on active duty.
“(C) An analysis of the career trajectories of active duty members of the Armed Forces assigned to the Center, including any potential negative effects of such assignment on the career trajectories of such members.”
“(2) Emphasis.—The set of activities established under paragraph (1) shall include—
“(A) acquisition and development of mature artificial intelligence technologies in support of defense missions;
“(B) applying artificial intelligence and machine learning solutions to operational problems by directly delivering artificial intelligence capabilities to the Armed Forces and other organizations and elements of the Department of Defense;
“(C) accelerating the development, testing, and fielding of new artificial intelligence and artificial intelligence-enabling capabilities; and
“(D) coordinating and deconflicting activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Department.”
“(c) Organization and Roles.—
“(1) Assignment of roles and responsibilities.—
“(A) In general.—In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies.
“(B) Appropriate officials.—The officials assigned roles and responsibilities under subparagraph (A) shall include—
“(i) the Under Secretary of Defense for Research and Engineering;
“(ii) the Under Secretary of Defense for Acquisition and Sustainment;
“(iii) the Director of the Joint Artificial Intelligence Center;
“(iv) one or more officials in each military department;
“(v) officials of appropriate Defense Agencies; and
“(vi) such other officials as the Secretary of Defense determines appropriate.
“(2) Role of director of the joint artificial intelligence center.—
“(A) Direct report to deputy secretary of defense.—During the covered period, the Director of the Joint Artificial Intelligence Center shall report directly to the Deputy Secretary of Defense without intervening authority.
“(B) Continuation.—The Director of the Joint Artificial Intelligence Center shall continue to report to the Deputy Secretary of Defense as described in subparagraph (A) after the expiration of the covered period if, not later than 30 days before such period expires, the Deputy Secretary—
“(i) determines that the Director should continue to report to Deputy Secretary without intervening authority; and
“(ii) transmits notice of such determination to the congressional defense committees.
“(C) Covered period defined.—In this paragraph, the term ‘covered period’ means the period of two years beginning on the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.”
“(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;”
“(h) Joint Artificial Intelligence Center Defined.—In this section, term ‘Joint Artificial Intelligence Center’ means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled ‘Establishment of the Joint Artificial Intelligence Center’, or any successor to such Center.”
Ҥ 1596c. Programming language proficiency: special pay for proficiency beneficial for national security interests
“(a) Authority.—The Secretary of Defense, under the sole and exclusive discretion of the Secretary, may pay special pay under this section to an employee of the Department of Defense who—
“(1) has been certified by the Secretary to be proficient in a computer or digital programming language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests; and
“(2) is assigned duties requiring proficiency in that programming language.
“(b) Rate.—The rate of special pay for an employee under this section shall be prescribed by the Secretary, but may not exceed 20 percent of the employee’s rate of basic pay.
“(c) Relationship to Other Pay and Allowances.—Special pay under this section is in addition to any other pay or allowances to which the employee is entitled.
“(d) Regulations.—The Secretary of Defense shall prescribe regulations to carry out this section.”
“1596c. Programming language proficiency: special pay for proficiency beneficial for national security interests.”.
“(3) may establish arrangements so that participants may participate in a paid internship for an appropriate period with an industry sponsor.”
; and
“(2) The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate public and private sector organizations to diversify the participants in the program under subsection (a).”
“(A) shall be compensated at a rate of basic pay that is not less than the minimum rate of basic pay payable for a position at GS–10 of the General Schedule (subchapter III of chapter 53 of title 5, United States Code) and not more than the maximum rate of basic pay payable for a position at GS–15 of such Schedule; and”
“(3) Background check requirement.—No individual may participate in the fellows program without first undergoing a background check that the Secretary of Defense considers appropriate for participation in the program.”
“(2) Coordination.—In carrying out paragraph (1), the Secretary of Defense may act through the Defense Advanced Research Projects Agency or any other organization or element of the Department of Defense the Secretary considers appropriate.”
; and
“(30) 3D and virtual technology training platforms.”
“(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
“(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.”
“(5)
(A) In addition to the quadrennial strategic plan completed under paragraph (1), the Director of the Department of Defense Test Resource Management Center shall also complete an annual update to the quadrennial strategic plan.
“(B) Each annual update completed under subparagraph (A) shall include the following:
“(i) A summary of changes to the assessment provided in the most recent quadrennial strategic plan.
“(ii) Comments and recommendations the Director considers appropriate.
“(iii) Test and evaluation challenges raised since the completion of the most recent quadrennial strategic plan.
“(iv) Actions taken or planned to address such challenges.”
“(4) assesses the feasibility and advisability of establishing a program office—
“(A) to coordinate energetics research; and
“(B) to ensure a robust and sustained energetics material enterprise.”
“(J) Efforts to work with academic consortia on high priority cybersecurity research activities.”
“(10) An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including access to state-of-the-art node sizes through commercial manufacturing, heterogeneous integration, advantaged sensor manufacturing, boutique chip designs, and variable volume production capabilities.
“(11) An assessment of current microelectronics supply chain management best practices, including—
“(A) intellectual property controls;
“(B) international standards;
“(C) guidelines of the National Institute of Standards and Technology;
“(D) product traceability and provenance; and
“(E) location of design, manufacturing, and packaging facilities.
“(12) An assessment of existing risks to the current microelectronics supply chain.
“(13) A description of actions that may be carried out by the defense industrial base to implement best practices described in paragraph (11) and mitigate risks described in paragraph (12).
“(14) A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development.
“(15) An assessment of the feasibility, usefulness, efficacy, and cost of—
“(A) developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and
“(B) incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property.
“(16) The development of multiple models of public-private partnerships to execute the strategy, including in-depth analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, that would have the authority and funds to provide grants or approve investment tax credits, or both, to implement the strategy.
“(17) Processes and criteria for competitive selection of commercial companies, including companies headquartered in countries that are allies or partners with the United States, to provide design, foundry and assembly, and packaging services and to build and operate the industrial capabilities associated with such services.
“(18) The role that other Federal agencies should play in organizing and supporting the strategy, including any required direct or indirect funding support, or legislative and regulatory actions, including restricting procurement to domestic sources, and providing antitrust and export control relief.
“(19) All potential funding sources and mechanisms for initial and sustaining investments in microelectronics.
“(20) Such other matters as the Secretary of Defense determines to be relevant.”
“(f) Submission.—Not later than June 1, 2021, the Secretary of Defense shall submit the strategy required in subsection (a), along with any views and recommendations and an estimated budget to implement the strategy, to the President, the National Security Council, and the National Economic Council.”
“(B) After the Clearinghouse issues a notice under subparagraph (A) with respect to an energy project, the parties should seek to identify feasible and affordable actions that can be taken by the Department, the developer of such energy project, or others to mitigate any adverse impact on military operations and readiness.”
“(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) Funds obligated to carry out an agreement under this section shall be available for use with regard to any property in the geographic scope specified in the agreement—
“(A) at the time the funds are obligated; and
“(B) in any subsequent modification to the agreement.”
“(B) Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Secretary concerned reasonable advance notice of its intent. If the Secretary concerned determines it necessary to preserve the purposes of this section, the Secretary concerned may request that administrative jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly. If the Secretary concerned does not make such a request within a reasonable time period, all such rights of the Secretary concerned to request transfer of the property or interest shall remain available to the Secretary concerned with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees.”
“(2) The Secretary concerned may use the authority under section 2701(d) of this title to carry out environmental restoration projects under paragraph (1).”
“(d) Location of Projects.—Projects carried out pursuant to this section may be carried out—
“(1) on a military installation;
“(2) on a facility used by the Department of Defense that is owned and operated by a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, even if the facility is not under the jurisdiction of the Department of Defense, if the Secretary of Defense determines that the facility is subject to significant use by the armed forces for testing or training; or
“(3) outside of a military installation or facility described in paragraph (2) if the Secretary concerned determines that the project would preserve or enhance the resilience of—
“(A) a military installation;
“(B) a facility described in paragraph (2); or
“(C) community infrastructure determined by the Secretary concerned to be necessary to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.
“(e) Alternative Funding Source.—
(1) In carrying out a project under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits a notification to the congressional defense committees of the decision to carry out the project using such amounts and includes in the notification—
“(A) the current estimate of the cost of the project;
“(B) the source of funds for the project; and
“(C) a certification that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
“(2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.
“(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.”
“(3) maintaining or improving military installation resilience; or”
; and
“(h) Interagency Cooperation in Conservation and Resilience Programs to Avoid or Reduce Adverse Impacts on Military Installation Resilience and Military Readiness Activities.—In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect the environment, military installation resilience, and military readiness, the recipient of funds provided pursuant to an agreement under this section or under the Sikes Act (16 U.S.C. 670 et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation or resilience program of any Federal agency notwithstanding any limitation of such program on the source of matching or cost-sharing funds.”
Ҥ 2920. Energy resilience and energy security measures on military installations
“(a) Energy Resilience Measures.—
(1) The Secretary of Defense shall, by the end of fiscal year 2030, provide that 100 percent of the energy load required to maintain the critical missions of each installation have a minimum level of availability of 99.9 percent per fiscal year.
“(2) The Secretary of Defense shall issue standards establishing levels of availability relative to specific critical missions, with such standards providing a range of not less than 99.9 percent availability per fiscal year and not more than 99.9999 percent availability per fiscal year, depending on the criticality of the mission.
“(3) The Secretary may establish interim goals to take effect prior to fiscal year 2025 to ensure the requirements under this subsection are met.
“(4) The Secretary of each military department and the head of each Defense Agency shall ensure that their organizations meet the requirements of this subsection.
“(b) Planning.—
(1) The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to plan for the provision of energy resilience and energy security for installations.
“(2) Planning under paragraph (1) shall—
“(A) promote the use of multiple and diverse sources of energy, with an emphasis favoring energy resources originating on the installation such as modular generation;
“(B) promote installing microgrids to ensure the energy security and energy resilience of critical missions; and
“(C) favor the use of full-time, installed energy sources rather than emergency generation.
“(c) Development of Information.—The planning required by subsection (b) shall identify each of the following for each installation:
“(1) The critical missions of the installation.
“(2) The energy requirements of those critical missions.
“(3) The duration that those energy requirements are likely to be needed in the event of a disruption or emergency.
“(4) The current source of energy provided to those critical missions.
“(5) The duration that the currently provided energy would likely be available in the event of a disruption or emergency.
“(6) Any currently available sources of energy that would provide uninterrupted energy to critical missions in the event of a disruption or emergency.
“(7) Alternative sources of energy that could be developed to provide uninterrupted energy to critical missions in the event of a disruption or emergency.
“(d) Testing and Measuring.—
(1)
(A) The Secretary of Defense shall require the Secretary of each military department and head of each Defense Agency to conduct monitoring, measuring, and testing to provide the data necessary to comply with this section.
“(B) Any data provided under subparagraph (A) shall be made available to the Assistant Secretary of Defense for Sustainment upon request.
“(2)
(A) The Secretary of Defense shall require that black start exercises be conducted to assess the energy resilience and energy security of installations for periods established to evaluate the ability of the installation to perform critical missions without access to off-installation energy resources.
“(B) A black start exercise conducted under subparagraph (A) may exclude, if technically feasible, housing areas, commissaries, exchanges, and morale, welfare, and recreation facilities.
“(C) The Secretary of Defense shall—
“(i) provide uniform policy for the military departments and the Defense Agencies with respect to conducting black start exercises; and
“(ii) establish a schedule of black start exercises for the military departments and the Defense Agencies, with each military department and Defense Agency scheduled to conduct such an exercise on a number of installations each year sufficient to allow that military department or Defense Agency to meet the goals of this section, but in any event not fewer than five installations each year for each military department through fiscal year 2027.
“(D)
(i) Except as provided in clause (ii), the Secretary of each military department shall, notwithstanding any other provision of law, conduct black start exercises in accordance with the schedule provided for in subparagraph (C)(ii), with any such exercise not to last longer than five days.
“(ii) The Secretary of a military department may conduct more black start exercises than those identified in the schedule provided for in subparagraph (C)(ii).
“(e) Contract Requirements.—For contracts for energy and utility services, the Secretary of Defense shall—
“(1) specify methods and processes to measure, manage, and verify compliance with subsection (a); and
“(2) ensure that such contracts include requirements appropriate to ensure energy resilience and energy security, including requirements for metering to measure, manage, and verify energy consumption, availability, and reliability consistent with this section and the energy resilience metrics and standards under section 2911(b) of this title.
“(f) Exception.—This section does not apply to fuels used in aircraft, vessels, or motor vehicles.
“(g) Report.—If by the end of fiscal year 2029, the Secretary determines that the Department will be unable to meet the requirements under subsection (a), not later than 90 days after the end of such fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report detailing—
“(1) the projected shortfall;
“(2) reasons for the projected shortfall;
“(3) any statutory, technological, or monetary impediments to achieving such requirements;
“(4) any impact to readiness or ability to meet the national defense posture; and
“(5) any other relevant information as the Secretary considers appropriate.
“(h) Definitions.—In this section:
“(1) The term ‘availability’ means the availability of required energy at a stated instant of time or over a stated period of time for a specific purpose.
“(2) The term ‘black start exercise’ means an exercise in which delivery of energy provided from off an installation is terminated before backup generation assets on the installation are turned on. Such an exercise shall—
“(A) determine the ability of the backup systems to start independently, transfer the load, and carry the load until energy from off the installation is restored;
“(B) align organizations with critical missions to coordinate in meeting critical mission requirements;
“(C) validate mission operation plans, such as continuity of operations plans;
“(D) identify infrastructure interdependencies; and
“(E) verify backup electric power system performance.
“(3) The term ‘critical mission’—
“(A) means those aspects of the missions of an installation, including mission essential operations, that are critical to successful performance of the strategic national defense mission;
“(B) may include operational headquarters facilities, airfields and supporting infrastructure, harbor facilities supporting naval vessels, munitions production and storage facilities, missile fields, radars, satellite control facilities, cyber operations facilities, space launch facilities, operational communications facilities, and biological defense facilities; and
“(C) does not include military housing (including privatized military housing), morale, welfare, and recreation facilities, exchanges, commissaries, or privately owned facilities.
“(4) The term ‘energy’ means electricity, natural gas, steam, chilled water, and heated water.
“(5) The term ‘installation’ has the meaning given the term ‘military installation’ in section 2801(c)(4) of this title.”
“2920. Energy resilience and energy security measures on military installations.”.
Ҥ 2712. Reporting on usage and spills of aqueous film-forming foam
“(a) In General.—Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the usage or spill of aqueous film forming foam, either as concentrate or mixed foam, at any military installation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of a usage or spill of greater than 10 gallons of concentrate, or greater than 300 gallons of mixed foam. Each such notice shall include each of the following information:
“(1) The name of the installation where the usage or spill occurred.
“(2) The date on which the usage or spill occurred.
“(3) The amount, type, and specified concentration of aqueous film-forming foam that was used or spilled.
“(4) The cause of the usage or spill.
“(5) A summary narrative of the usage or spill.
“(b) Action Plan.—Not later than 60 days after submitting notice of a usage or spill under subsection (a), the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an action plan for addressing such usage or spill. The action plan shall include the following:
“(1) A description of what actions have been taken to arrest and clean up a spill.
“(2) A description of any coordination with relevant local and State environmental protection agencies.”
“2712. Reporting on usage and spills of aqueous film-forming foam.”.
Ҥ 2713. Native American lands environmental mitigation program
“(a) Establishment.—The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of actions by the Department of Defense on Indian lands and on other locations where the Department, an Indian tribe, and the current land owner agree that such mitigation is appropriate.
“(b) Program Activities.—The activities that may be carried out under the program established under subsection (a) are the following:
“(1) Identification, investigation, and documentation of suspected environmental effects attributable to past actions by the Department of Defense.
“(2) Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.
“(3) Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department.
“(4) Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.
“(5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.
“(6) Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department, including training personnel of the Department to ensure compliance with the policy.
“(c) Cooperative Agreements.—
(1) In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.
“(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.
“(3) A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if the total period of performance does not exceed two calendar years.
“(d) Definitions.—In this section:
“(1) The term ‘Indian land’ includes—
“(A) any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;
“(B) any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation;
“(C) Alaska Native village and regional corporation lands; and
“(D) lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, Act of Congress, or action by the President.
“(2) The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
“(e) Limitation.—Nothing in this section shall be interpreted to require, compel, or otherwise authorize access to any lands without the landowner’s consent.”
“2713. Native American lands environmental mitigation program.”.
“(7) A description of the use of energy savings performance contracts (in this paragraph referred to as ‘ESPCs’) by the Department of Defense, including—
“(A) the total investment value of the total number of ESPCs per service for the previous five fiscal years;
“(B) the location of facilities with ESPCs for the previous five fiscal years;
“(C) any limitations on expanding ESPCs throughout the Department of Defense;
“(D) the effect ESPCs have on military readiness; and
“(E) any additional information the Secretary determines relevant.”
Ҥ 118a. National Defense Sustainment and Logistics Review
“(a) Review Required.—Upon submission of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency.
“(b) Report to Congress.—
(1) Not later than the first Monday in February of the year following the fiscal year during which the National Defense Strategy was submitted under section 113(g) of this title, the Secretary shall submit to the congressional defense committees a report on the review required by subsection (a). Each such report shall include each of the following:
“(A) An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sealift, at sea logistics, and over-the-shore logistics of forces to meet steady state and contingency requirements and the strategic and intra-theater movement of supplies, personnel, and equipment.
“(B) An assessment of the strategic, operational, and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet) required to meet steady state and contingency requirements.
“(C) An assessment of the location, configuration, material condition, and inventory of prepositioned materiel, equipment, and war reserves programs, as well as the ability to store and distribute these items to deployed military forces, required to meet steady state and contingency requirements.
“(D) An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to store, transport, and distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements.
“(E) An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements.
“(F) An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions.
“(G) An assessment of the condition, capacity, location, and survivability under likely threats of military infrastructure located both inside the continental United States and outside the continental United States, including agreements with and infrastructure provided by international partners, required to generate, project, and sustain military forces to meet steady-state and contingency requirements.
“(H) An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems.
“(I) An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy.
“(J) A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.
“(K) An assessment of the extent to which wargames incorporate logistics capabilities and threats and a description of the logistics constraints and restraints to operations identified through such wargames.
“(L) An assessment of the ability of the Department of Defense, the Armed Forces, and the combatant commands to leverage and integrate emergent logistics related technologies and advanced computing systems.
“(M) Such other matters the Secretary of Defense considers appropriate.
“(2) In preparing the report under paragraph (1), the Secretary of Defense shall consult with, and consider the recommendations of, the Chairman of the Joint Chiefs of Staff.
“(3) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.
“(c) Comptroller General Review.—Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following:
“(1) Whether the report includes each of the elements referred to in subsection (b).
“(2) The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report.
“(3) Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate.
“(d) Relationship to Budget.—Nothing in this section shall be construed to affect section 1105(a) of title 31.”
“118a. National Defense Sustainment and Logistics Review.”.
“(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.”
“(d) Budget Justification.—Not later than five days”
“(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 subsection, each head of an element described in subsection (a) shall establish the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a).
“(2) Annually, each head of an element described in subsection (a) shall review and revise the metrics required by subsection (b) and include any such revisions in the materials submitted to Congress in support of the budget of the President under section 1105 of title 31.”
“(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.”
“118. Materiel readiness metrics and objectives for major defense acquisition programs.”.
“(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.”
“(3) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall coordinate with—
“(A) the Under Secretary of Defense for Intelligence on explosive ordnance technical intelligence;
“(B) the Under Secretary of Defense for Acquisition and Sustainment on explosive ordnance disposal research, development, acquisition, and sustainment;
“(C) the Under Secretary of Defense for Research and Engineering on explosive ordnance disposal research, development, test, and evaluation;
“(D) the Assistant Secretary of Defense for Homeland Security and Global Security on explosive ordnance disposal on defense support of civil authorities; and
“(E) the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense programs on explosive ordnance disposal for combating weapons of mass destruction;”
“(4) This subsection shall not apply to advance billing for background investigation and related services performed by the Defense Counterintelligence and Security Agency.”
“(c) Treatment of Amounts Appropriated After End of Period of Obligation.—In the application of section 1553(c) of title 31 to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be ‘$10,000,000’ rather than ‘$4,000,000’.”
“(1) For the Army, 485,900.
“(2) For the Navy, 347,800.
“(3) For the Marine Corps, 181,200.
“(4) For the Air Force, 333,475.”
; and
“691. Permanent end strength levels to support the National Defense Strategy”.
“517. Authorized enlisted end strength: members in pay grades E–8 and E–9.”.
“(c) Exclusion of Certain Officers of Reserve Components.—The limitations of this section do not apply to the following:
“(1) A general or flag officer of a reserve component who is on active duty—
“(A) for training; or
“(B) under a call or order specifying a period of less than 180 days.
“(2)
(A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days.
“(B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A).
“(C) Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero.
“(3)
(A) A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years.
“(B) The number of officers described in subparagraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.”
“(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.”
“(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.”
Ҥ 628a. Special selection review boards
“(a) In General.—
(1) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general, rear admiral in the Navy, or an equivalent grade in the Space Force is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 615(a)(3)(A) of this title, that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.
“(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person—
“(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and
“(B) shall not be forwarded to the Secretary of Defense, the President, or the Senate, as applicable, or included on a promotion list under section 624(a) of this title.
“(b) Convening.—
(1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 628(f) of this title.
“(2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary of the military department concerned shall specify in convening such special selection review board.
“(c) Information Considered.—
(1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:
“(A) The record and information concerning the person furnished in accordance with section 615(a)(2) of this title to the promotion board that recommended the person for promotion.
“(B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 615(a)(3)(A) of this title.
“(2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in paragraph (3)(C) of section 615(a) of this title applicable to the furnishing of information described in paragraph (3)(A) of such section to selection boards in accordance with that section.
“(3)
(A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary of the military department concerned shall ensure that—
“(i) such information is made available to the person; and
“(ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section.
“(B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information.
“(C)
(i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if—
“(I) such information was made available to the person in connection with the furnishing of such information under section 615(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and
“(II) the person submitted comments on such information to that promotion board.
“(ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board.
“(D) A person may waive either or both of the following:
“(i) The right to submit comments to a special selection review board under subparagraph (A)(ii).
“(ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii).
“(d) Consideration.—
(1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers of the same competitive category who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board.
“(2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened.
“(3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion.
“(4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person—
“(A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and
“(B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board.
“(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board.
“(6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion.
“(e) Reports.—
(1) Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it.
“(2) The provisions of sections 617(b) and 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 611(a) of this title.
“(f) Appointment of Persons.—
(1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with subsections (b) and (c) of section 624 of this title.
“(2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned.
“(g) Regulations.—
(1) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the military departments.
“(2) Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph (1) may not take effect without the approval of the Secretary of Defense, in writing.
“(h) Promotion Board Defined.—In this section, the term ‘promotion board ’means a selection board convened by the Secretary of a military department under section 611(a) of this title.”
“628a. Special selection review boards.”.
“(F) the Secretary of the military department concerned determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 615(a)(3)(A) of this title, with respect to the officer will result in the convening of a special selection review board under section 628a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.”
“(3) In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion is sustained, authorities for the promotion of the officer are specified in section 628a(f) of this title.”
; and
“(B) In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F), requirements applicable to notice and opportunity for response to such delay are specified in section 628a(c)(3) of this title.”
Ҥ 14502a. Special selection review boards
“(a) In General.—
(1) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 14107(a)(3)(A) of this title, that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.
“(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person—
“(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and
“(B) shall not be forwarded to the Secretary of Defense, the President, or the Senate, as applicable, or included on a promotion list under section 14308(a) of this title.
“(b) Convening.—
(1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 14502(b)(2) of this title.
“(2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary of the military department concerned shall specify in convening such special selection review board.
“(c) Information Considered.—
(1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:
“(A) The record and information concerning the person furnished in accordance with section 14107(a)(2) of this title to the promotion board that recommended the person for promotion.
“(B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 14107(a)(3)(A) of this title.
“(2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in paragraph (3)(B) of section 14107(a) of this title applicable to the furnishing of information described in paragraph (3)(A) of such section to promotion boards in accordance with that section.
“(3)
(A) Before information on person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary of the military department concerned shall ensure that—
“(i) such information is made available to the person; and
“(ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section.
“(B) If information on an officer described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s authorization for access to classified information.
“(C)
(i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if—
“(I) such information was made available to the person in connection with the furnishing of such information under section 14107(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and
“(II) the person submitted comments on such information to that promotion board.
“(ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board.
“(D) A person may waive either or both of the following:
“(i) The right to submit comments to a special selection review board under subparagraph (A)(ii).
“(ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii).
“(d) Consideration.—
(1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers of the same competitive category who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board.
“(2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened.
“(3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion.
“(4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person—
“(A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and
“(B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board.
“(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board.
“(6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion.
“(e) Reports.—
(1) Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it.
“(2) The provisions of sections 14109(c), 14110, and 14111 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 14101(a) of this title.
“(f) Appointment of Persons.—
(1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 14308 of this title.
“(2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned.
“(g) Regulations.—
(1) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly across the military departments.
“(2) Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph (1) may not take effect without the approval of the Secretary of Defense, in writing.
“(h) Promotion Board Defined.—In this section, the term ‘promotion board ’means a selection board convened by the Secretary of a military department under section 14101(a) of this title.”
“14502a. Special selection review boards.”.
“(F) The Secretary of the military department concerned determines that credible information of adverse nature, including a substantiated adverse finding or conclusion described in section 14107(a)(3)(A) of this title, with respect to the officer will result in the convening of a special selection review board under section 14502a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.”
; and
“(3) In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion is sustained, authorities for the promotion of the officer are specified in section 14502a(f) of this title.”
; and
“(3) Notwithstanding paragraphs (1) and (2), in the case of an officer whose promotion is delayed pursuant to subsection (a)(1)(F), requirements applicable to notice and opportunity for response to such delay are specified in section 14502a(c)(3) of this title.”
“(D) With respect to the consideration of an officer for promotion to a grade at or below major general, in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade, the requirements in subparagraphs (A) and (C) may be met through the convening and actions of a special selection review board with respect to the officer under section 628a of this title.”
“(c) Effective Date and Applicability.—
“(1) Effective date.—The amendments made by this section shall take effect on December 20, 2019, and shall, except as provided in paragraph (2), apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, after that date.
“(2) Delayed applicability for boards for promotion to non-general and flag officer grades.—The amendments made this section shall apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, for consideration of officers for promotion to a grade below the grade of brigadier general or, in the case of the Navy, rear admiral (lower half), only if such boards are so convened after January 1, 2021.”
“(B) The standards and procedures referred to in subparagraph (A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that subparagraph with regard to an officer in a grade specified in that subparagraph at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evaluation, discussion, or other consideration by the board or member of the official military personnel file of the officer, or of the officer.
“(C) With respect to the consideration of an officer for promotion to a grade at or below major general or, in the Navy, rear admiral, the requirements in subparagraphs (A) and (B) may be met through the convening and actions of a special selection board with respect to the officer under section 14502a of this title.”
“(d) Inapplicability of Requirement Relating to Opportunities for Consideration for Promotion.—Section 645(1)(A)(i)(I) of this title shall not apply to the promotion of officers described in subsection (a) to the extent that such section is inconsistent with a number of opportunities for promotion specified pursuant to section 649d of this title.”
“(e) Retirement or Separation Based on Years of Creditable Service.—
(1) The following rules shall apply to a regular commissioned officer who is to be retired or separated under subsection (a):
“(A) If the officer has at least 6 but fewer than 20 years of creditable service, the officer shall be separated, with separation pay computed under section 1174(d)(1) of this title.
“(B) If the officer has fewer than 6 years of creditable service, the officer shall be separated under subsection (a).
“(2) Notwithstanding paragraph (1), in the case of a regular commissioned officer who was added to the retired list before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the officer shall be retired, with retired pay computed under section 1401 of this title.”
Ҥ 1370. Regular commissioned officers
“(a) Retirement in Highest Grade in Which Served Satisfactorily.—
“(1) In general.—Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily.
“(2) Determination of satisfactory service.—The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows:
“(A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general, rear admiral in the Navy, or the equivalent grade in the Space Force.
“(B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general, rear admiral in the Navy, or the equivalent grade in the Space Force.
“(3) Effect of misconduct in lower grade in determination.—If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section—
“(A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and
“(B) the grade next lower to such lower grade shall be the retired grade of the officer under this section.
“(4) Nature of retirement of certain reserve officers and officers in temporary grades.—A reserve officer, or an officer appointed to a position under section 601 of this title, who is notified that the officer will be released from active duty without the officer’s consent and thereafter requests retirement under section 7311, 8323, or 9311 of this title and is retired pursuant to that request is considered for purposes of this section to have been retired involuntarily.
“(5) Nature of retirement of certain removed officers.—An officer retired pursuant to section 1186(b)(1) of this title is considered for purposes of this section to have been retired voluntarily.
“(b) Retirement of Officers Retiring Voluntarily.—
“(1) Service-in-grade requirement.—In order to be eligible for voluntary retirement under any provision of this title in a grade above the grade of captain in the Army, Air Force, or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force must have served on active duty in that grade for a period of not less than three years, except that—
“(A) subject to subsection (c), the Secretary of Defense may reduce such period to a period of not less than two years for any officer; and
“(B) in the case of an officer to be retired in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force, the Secretary of Defense may authorize the Secretary of the military department concerned to reduce such period to a period of not less than two years.
“(2) Limitation on delegation.—The authority of the Secretary of Defense in subparagraph (A) of paragraph (1) may not be delegated. The authority of the Secretary of a military department in subparagraph (B) of paragraph (1), as delegated to such Secretary pursuant to such subparagraph, may not be further delegated.
“(3) Waiver of requirement.—Subject to subsection (c), the President may waive the application of the service-in-grade requirement in paragraph (1) to officers covered by that paragraph in individual cases involving extreme hardship or exceptional or unusual circumstances. The authority of the President under this paragraph may not be delegated.
“(4) Limitation on reduction or waiver of requirement for officers under investigation or pending misconduct.—In the case of an officer to be retired in a grade above the grade of colonel in the Army, Air Force, or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force, the service-in-grade requirement in paragraph (1) may not be reduced pursuant to that paragraph, or waived pursuant to paragraph (3), while the officer is under investigation for alleged misconduct or while there is pending the disposition of an adverse personnel action against the officer.
“(5) Grade and fiscal year limitations on reduction or waiver of requirements.—The aggregate number of members of an armed force in a grade for whom reductions are made under paragraph (1), and waivers are made under paragraph (3), in a fiscal year may not exceed—
“(A) in the case of officers to be retired in a grade at or below the grade of major in the Army, Air Force, or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force, the number equal to two percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade;
“(B) in the case of officers to be retired in the grade of lieutenant colonel or colonel in the Army, Air Force, or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force, the number equal to four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade; or
“(C) in the case of officers to be retired in the grade of brigadier general or major general in the Army, Air Force, or Marine Corps, rear admiral (lower half) or rear admiral in the Navy, or an equivalent grade in the Space Force, the number equal to 10 percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade.
“(6) Notice to congress on reduction or waiver of requirements for general, flag, and equivalent officer grades.—In the case of an officer to be retired in a grade that is a general or flag officer grade, or an equivalent grade in the Space Force, who is eligible to retire in that grade only by reason of an exercise of the authority in paragraph (1) to reduce the service-in-grade requirement in that paragraph, or the authority in paragraph (3) to waive that requirement, the Secretary of Defense or the President, as applicable, shall, not later than 60 days prior to the date on which the officer will be retired in that grade, notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of the applicable authority with respect to that officer.
“(7) Retirement in next lowest grade for officers not meeting requirement.—An officer described in paragraph (1) whose length of service in the highest grade held by the officer while on active duty does not meet the period of the service-in-grade requirement applicable to the officer under this subsection shall, subject to subsection (c), be retired in the next lower grade in which the officer served on active duty satisfactorily, as determined by the Secretary of the military department concerned or the Secretary of Defense, as applicable.
“(c) Officers in O–9 and O–10 Grades.—
“(1) In general.—An officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force under section 601 of this title may be retired in such grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the officer served on active duty satisfactorily in such grade.
“(2) Prohibition on delegation.—The authority of the Secretary of Defense to make a certification with respect to an officer under paragraph (1) may not be delegated.
“(3) Requirements in connection with certification.—A certification with respect to an officer under paragraph (1) shall—
“(A) be submitted by the Secretary of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the officer will be retired in the grade concerned;
“(B) include an up-to-date copy of the military biography of the officer; and
“(C) include the statement of the Secretary as to whether or not potentially adverse, adverse, or reportable information regarding the officer was considered by the Secretary in making the certification.
“(4) Construction with other notice.—In the case of an officer under paragraph (1) to whom a reduction in the service-in-grade requirement under subsection (b)(1) or waiver under subsection (b)(3) applies, the requirement for notification under subsection (b)(6) is satisfied if the notification is included in the certification submitted by the Secretary of Defense under paragraph (1).
“(d) Conditional Retirement Grade and Retirement for Officers Pending Investigation or Adverse Action.—
“(1) In general.—When an officer serving in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the Secretary of the military department concerned may—
“(A) conditionally determine the highest permanent grade of satisfactory service on active duty of the officer pending completion of the investigation or resolution of the personnel action, as applicable; and
“(B) retire the officer in that conditional grade, subject to subsection (e).
“(2) Officers in o–9 and o–10 grades.—When an officer described by subsection (c)(1) is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the Secretary of Defense may—
“(A) conditionally determine the highest permanent grade of satisfactory service on active duty of the officer, pending completion of the investigation or personnel action, as applicable; and
“(B) retire the officer in that conditional grade, subject to subsection (e).
“(3) Reduction or waiver of service-in-grade requirement prohibited for general, flag, and equivalent officer grades.—In conditionally determining the retirement grade of an officer under paragraph (1)(A) or (2)(A) of this subsection to be a grade above the grade of colonel in the Army, Air Force, or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force, the service-in-grade requirement in subsection (b)(1) may not be reduced pursuant to subsection (b)(1) or waived pursuant to subsection (b)(3).
“(4) Prohibition on delegation.—The authority of the Secretary of a military department under paragraph (1) may not be delegated. The authority of the Secretary of Defense under paragraph (2) may not be delegated.
“(e) Final Retirement Grade Following Resolution of Pending Investigation or Adverse Action.—
“(1) No change from conditional retirement grade.—If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection (d) results in a determination that the conditional retirement grade in which the officer was retired will not be changed, the conditional retirement grade of the officer shall, subject to paragraph (3), be the final retired grade of the officer.
“(2) Change from conditional retirement grade.—If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection (d) results in a determination that the conditional retirement grade in which the officer was retired should be changed, the changed retirement grade shall be the final retired grade of the officer under this section, except that if the final retirement grade provided for an officer pursuant to this paragraph is the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force, the requirements in subsection (c) shall apply in connection with the retirement of the officer in such final retirement grade.
“(3) Recalculation of retired pay.—
“(A) In general.—If the final retired grade of an officer is as a result of a change under paragraph (2), the retired pay of the officer under chapter 71 of this title shall be recalculated accordingly, with any modification of the retired pay of the officer to go into effect as of the date of the retirement of the officer.
“(B) Payment of higher amount for period of conditional retirement grade.—If the recalculation of the retired pay of an officer results in an increase in retired pay, the officer shall be paid the amount by which such increased retired pay exceeded the amount of retired pay paid the officer for retirement in the officer’s conditional grade during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officer’s retired grade. For an officer whose retired grade is determined pursuant to subsection (c), the effective date of the change of the officer’s retired grade for purposes of this subparagraph shall be the date that is 60 days after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives the certification required by subsection (c) in connection with the retired grade of the officer.
“(C) Recoupment of overage during period of conditional retirement grade.—If the recalculation of the retired pay of an officer results in a decrease in retired pay, there shall be recouped from the officer the amount by which the amount of retired pay paid the officer for retirement in the officer’s conditional grade exceeded such decreased retired pay during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officer’s retired grade.
“(f) Finality of Retired Grade Determinations.—
“(1) In general.—Except for a conditional determination authorized by subsection (d), a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened, except as provided in paragraph (2).
“(2) Reopening.—A final determination of the retired grade of an officer may be reopened as follows:
“(A) If the retirement or retired grade of the officer was procured by fraud.
“(B) If substantial evidence comes to light after the retirement that could have led to determination of a different retired grade under this section if known by competent authority at the time of retirement.
“(C) If a mistake of law or calculation was made in the determination of the retired grade.
“(D) If the applicable Secretary determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination of retired grade.
“(3) Applicable secretary.—For purposes of this subsection, the applicable Secretary for purposes of a determination or action specified in this subsection is—
“(A) the Secretary of the military department concerned, in the case of an officer retired in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force; or
“(B) the Secretary of Defense, in the case of an officer retired in a grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force.
“(4) Notice and limitation.—If a final determination of the retired grade of an officer is reopened in accordance with paragraph (2), the applicable Secretary—
“(A) shall notify the officer of the reopening; and
“(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis for the reopening of the officer’s retired grade.
“(5) Additional notice on reopening for officers retired in o–9 and o-10 grades.—If the determination of the retired grade of an officer whose retired grade was provided for pursuant to subsection (c) is reopened, the Secretary of Defense shall also notify the President and the Committees on Armed Services of the Senate and the House of Representatives.
“(6) Manner of making of change.—If the retired grade of an officer is proposed to be changed through the reopening of the final determination of an officer’s retired grade under this subsection, the change in grade shall be made—
“(A) in the case of an officer whose retired grade is to be changed to a grade at or below the grade of major general in the Army, Air Force or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force, in accordance with subsections (a) and (b)—
“(i) by the Secretary of Defense (who may delegate such authority only as authorized by clause (ii)); or
“(ii) if authorized by the Secretary of Defense, by the Secretary of the military department concerned (who may not further delegate such authority);
“(B) in the case of an officer whose retired grade is to be changed to the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force, by the President, by and with the advice and consent of the Senate.
“(7) Recalculation of retired pay.—If the final retired grade of an officer is changed through the reopening of the officer’s retired grade under this subsection, the retired pay of the officer under chapter 71 of this title shall be recalculated. Any modification of the retired pay of the officer as a result of the change shall go into effect on the effective date of the change of the officer’s retired grade, and the officer shall not be entitled or subject to any changed amount of retired pay for any period before such effective date. An officer whose retired grade is changed as provided in paragraph (6)(B) shall not be entitled or subject to a change in retired pay for any period before the date on which the Senate provides advice and consent for the retirement of the officer in such grade.
“(g) Highest Permanent Grade Defined.—In this section, the term ‘highest permanent grade’ means a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force.
Ҥ 1370a. Officers entitled to retired pay for non-regular service
“(a) Retirement in Highest Grade Held Satisfactorily.—Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under section 12731 of this title, be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
“(b) Service-in-grade Requirement for Officers in Grades Below O–5.—In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
“(c) Service-in-grade Requirement for Offices in Grades Above O–4.—
“(1) In general.—In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
“(2) Satisfaction of requirement by certain officers not completing three years.—A person covered by paragraph (1) who has completed at least six months of satisfactory service in grade may be credited with satisfactory service in the grade in which serving at the time of transfer or discharge, notwithstanding failure of the person to complete three years of service in that grade, if the person is transferred from an active status or discharged as a reserve commissioned officer—
“(A) solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the person’s age or years of service; or
“(B) because the person no longer meets the qualifications for membership in the Ready Reserve solely because of a physical disability, as determined in accordance with chapter 61 of this title, and at the time of such transfer or discharge the person (pursuant to section 12731b of this title or otherwise) meets the service requirements established by section 12731(a) of this title for eligibility for retired pay under chapter 1223 of this title, unless the disability is described in section 12731b of this title.
“(3) Reduction in service-in-grade requirements.—
“(A) Officers in grades below general and flag officer grades.—In the case of a person to be retired in a grade below brigadier general or rear admiral (lower half) in the Navy, the Secretary of Defense may authorize the Secretary of a military department to reduce, subject to subparagraph (B), the three-year period of service-in-grade required by paragraph (1) to a period not less than two years. The authority of the Secretary of a military department under this subparagraph may not be delegated.
“(B) Limitation.—The number of reserve commissioned officers of an armed force in the same grade for whom a reduction is made under subparagraph (A) during any fiscal year in the period of service-in-grade otherwise required by paragraph (1) may not exceed the number equal to 2 percent of the strength authorized for that fiscal year for reserve commissioned officers of that armed force in an active status in that grade.
“(C) Officers in general and flag officers grades.—The Secretary of Defense may reduce the three-year period of service-in-grade required by paragraph (1) to a period not less than two years for any person, including a person who, upon transfer to the Retired Reserve or discharge, is to be credited with satisfactory service in a general or flag officer grade under that paragraph. The authority of the Secretary of Defense under this subparagraph may not be delegated.
“(D) Notice to congress on reduction in service-in-grade requirements for general and flag officer grades.—In the case of a person to be credited under this section with satisfactory service in a grade that is a general or flag officer grade who is eligible to be credited with such service in that grade only by reason of an exercise of authority in subparagraph (C) to reduce the three-year service-in-grade requirement otherwise applicable under paragraph (1), the Secretary of Defense shall, not later than 60 days prior to the date on which the person will be credited with such satisfactory service in that grade, notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of authority in subparagraph (C) with respect to that person.
“(4) Officers serving in grades above o–6 involuntarily transferred from active status.—A person covered by paragraph (1) who has completed at least six months of satisfactory service in a grade above colonel or (in the case of the Navy) captain and, while serving in an active status in such grade, is involuntarily transferred (other than for cause) from active status may be credited with satisfactory service in the grade in which serving at the time of such transfer, notwithstanding failure of the person to complete three years of service in that grade.
“(5) Adjutants and assistant adjutants general.—If a person covered by paragraph (1) has completed at least six months of satisfactory service in grade, the person was serving in that grade while serving in a position of adjutant general required under section 314 of title 32 or while serving in a position of assistant adjutant general subordinate to such a position of adjutant general, and the person has failed to complete three years of service in that grade solely because the person’s appointment to such position has been terminated or vacated as described in section 324(b) of such title, the person may be credited with satisfactory service in that grade, notwithstanding the failure of the person to complete three years of service in that grade.
“(6) Officers recommended for promotion serving in certain grade before promotion.—To the extent authorized by the Secretary of the military department concerned, a person who, after having been recommended for promotion in a report of a promotion board but before being promoted to the recommended grade, served in a position for which that grade is the minimum authorized grade may be credited for purposes of paragraph (1) as having served in that grade for the period for which the person served in that position while in the next lower grade. The period credited may not include any period before the date on which the Senate provides advice and consent for the appointment of that person in the recommended grade.
“(7) Officers qualified for federal recognition serving in certain grade before appointment.—To the extent authorized by the Secretary of the military department concerned, a person who, after having been found qualified for Federal recognition in a higher grade by a board under section 307 of title 32, serves in a position for which that grade is the minimum authorized grade and is appointed as a reserve officer in that grade may be credited for the purposes of paragraph (1) as having served in that grade. The period of the service for which credit is afforded under the preceding sentence may be only the period for which the person served in the position after the Senate provides advice and consent for the appointment.
“(8) Retirement in next lowest grade for officers not meeting service-in-grade requirements.—A person whose length of service in the highest grade held does not meet the service-in-grade requirements specified in this subsection shall be credited with satisfactory service in the next lower grade in which that person served satisfactorily (as determined by the Secretary of the military department concerned) for not less than six months.
“(d) Officers in O–9 and O–10 Grades.—
“(1) In general.—A person covered by this section in the Army, Navy, Air Force, or Marine Corps who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, or vice admiral or admiral in the Navy under section 601 of this title may be retired in such grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the officer served satisfactorily in such grade.
“(2) Prohibition on delegation.—The authority of the Secretary of Defense to make a certification with respect to an officer under paragraph (1) may not be delegated.
“(3) Requirements in connection with certification.—A certification with respect to an officer under paragraph (1) shall—
“(A) be submitted by the Secretary of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the officer will be retired in the grade concerned;
“(B) include an up-to-date copy of the military biography of the officer; and
“(C) include the statement of the Secretary as to whether or not potentially adverse, adverse, or reportable information regarding the officer was considered by the Secretary in making the certification.
“(4) Construction with other notice.—In the case of an officer under paragraph (1) who is eligible to be credited with service in a grade only by reason of the exercise of the authority in subsection (c)(3)(C) to reduce the three-year service-in-grade requirement under subsection (c)(1), the requirement for notification under subsection (c)(3)(D) is satisfied if the notification is included in the certification submitted by the Secretary of Defense under paragraph (1).
“(e) Conditional Retirement Grade and Retirement for Officers Under Investigation for Misconduct or Pending Adverse Personnel Action.—The retirement grade, and retirement, of a person covered by this section who is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement is as provided for by section 1370(d) of this title. In the application of such section 1370(d) for purposes of this subsection, any reference ‘active duty’ shall be deemed not to apply, and any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section.
“(f) Final Retirement Grade Following Resolution of Pending Investigation or Adverse Action.—The final retirement grade under this section of a person described in subsection (e) following resolution of the investigation or personnel action concerned is the final retirement grade provided for by section 1370(e) of this title. In the application of such section 1370(e) for purposes of this subsection, any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section. In the application of paragraph (3) of such section 1370e(e) for purposes of this subsection, the reference to ‘chapter 71’ of this title shall be deemed to be a reference to ‘chapter 1223 of this title’.
“(g) Finality of Retired Grade Determinations.—
“(1) In general.—Except for a conditional determination authorized by subsection (e), a determination of the retired grade of a person pursuant to this section is administratively final on the day the person is retired, and may not be reopened.
“(2) Reopening.—A determination of the retired grade of a person may be reopened in accordance with applicable provisions of section 1370(f) of this title. In the application of such section 1370(f) for purposes of this subsection, any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section. In the application of paragraph (7) of such section 1370(f) for purposes of this paragraph, the reference to ‘chapter 71 of this title’ shall be deemed to be a reference to ‘chapter 1223 of this title’.
“(h) Highest Permanent Grade Defined.—In this section, the term ‘highest permanent grade’ means a grade at or below the grade of major general in the Army, Air Force, or Marine Corps or rear admiral in the Navy.”
“1370. Regular commissioned officers.
“1370a. Officers entitled to retired pay for non-regular service.”.
“(a)
(1) The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under section 1370 of this title.
“(2) The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under section 1370a of this title.”
; and
“(a)
(1) The retired grade of a regular commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370 of this title.
“(2) The retired grade of a reserve commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370a of this title.”
; and
“SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.”
“(g) Exceptions During Periods of War or National Emergency.—The limitations in subsections (c) and (f) shall not apply during a time of war or of national emergency declared by Congress or the President.”
Ҥ 2036. Grants to support science, technology, engineering, and mathematics education
“(a) Authority.—The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants to eligible entities to assist such entities in providing education in covered subjects to students in the Junior Reserve Officers’ Training Corps.
“(b) Coordination.—In carrying out a program under subsection (a), the Secretary may coordinate with the following:
“(1) The Director of the National Science Foundation.
“(2) The Administrator of the National Aeronautics and Space Administration.
“(3) The heads of such other Federal, State, and local government entities the Secretary of Defense determines to be appropriate.
“(c) Activities.—Activities funded with grants under this section may include the following:
“(1) Training and other support for instructors to teach courses in covered subjects to students.
“(2) The acquisition of materials, hardware, and software necessary for the instruction of covered subjects.
“(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.”
“2036. Grants to support science, technology, engineering, and mathematics education.”.
“(F)
(i) Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy, one point for each day of active service or one point for each drill or period of equivalent instruction that was prescribed by the Secretary concerned to be performed during the covered emergency period, if such person was prevented from performing such duty due to travel or duty restrictions imposed by the President, the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard.
“(ii) A person may not be credited more than 35 points in a one-year period under this subparagraph.
“(iii) In this subparagraph, the term ‘covered emergency period’ means the period beginning on March 1, 2020, and ending on the day that is 60 days after the date on which the travel or duty restriction applicable to the person concerned is lifted.”
; and
“(g) Sunset.—
(1) On or after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense may sunset the Physical Disability Board of Review under this section.
“(2) If the Secretary sunsets the Physical Disability Board of Review under paragraph (1), the Secretary shall transfer any remaining requests for review pending at that time, and shall assign any new requests for review under this section, to a board for the correction of military records operated by the Secretary concerned under section 1552 of this title..
“(3) Subsection (c)(4) shall not apply with respect to any review conducted by a board for the correction of military records under paragraph (2).”
Ҥ 1563a. Honorary promotions on the initiative of the Department of Defense
“(a) In General.—
(1) Under regulations prescribed by the Secretary of Defense, the Secretary may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general, rear admiral (upper half), or an equivalent grade in the Space Force if the Secretary determines that the promotion is merited.
“(2) The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.
“(b) Notice to Congress.—The Secretary may not make an honorary promotion pursuant to subsection (a) until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion, including a detailed discussion of the rationale supporting the determination.
“(c) Notice of Promotion.—Upon making an honorary promotion pursuant to subsection (a), the Secretary shall expeditiously notify the former member or retired member concerned, or the next of kin of such former member or retired member if such former member or retired member is deceased, of the promotion.
“(d) Nature of Promotion.—Any promotion pursuant to this section is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is entitled or would have been entitled based on the military service of such former member or retired member, nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member.”
“(c) Authority To Make.—
(1) Under regulations prescribed by the Secretary of Defense, the Secretary of Defense may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general, rear admiral (upper half), or an equivalent grade in the Space Force following the submittal of the determination of the Secretary concerned under subsection (b) in connection with the proposal for the promotion if the determination is to approve the making of the promotion.
“(2) The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in connection with the proposal for the promotion under subsection (b), and the detailed rationale supporting the determination as described in that subsection, to the Committees on Armed Services of the Senate and the House of Representatives and the requesting Member in accordance with that subsection.
“(3) The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.
“(4) Any promotion pursuant to this subsection is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former member or retired member, nor affect any benefits to which any other person may become entitled based on the military service of such former member or retired member.”
“§ 1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion”
“1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion.
“1563a. Honorary promotions on the initiative of the Department of Defense.”.
Ҥ 1561b. Confidential reporting of sexual harassment
“(a) Reporting Process.—Notwithstanding section 1561 of this title, the Secretary of Defense shall prescribe in regulations a process by which a member of an armed force under the jurisdiction of the Secretary of a military department may confidentially allege a complaint of sexual harassment to an individual outside the immediate chain of command of the member.
“(b) Receipt of Complaints.—An individual designated and trained to receive complaints under the process under subsection (a) shall—
“(1) maintain the confidentiality of the member alleging the complaint;
“(2) explain to the member alleging the complaint the different avenues of redress available to resolve the complaint and the different consequences of each avenue on the manner in which the complaint will be investigated (if at all), including an explanation of the following:
“(A) The manner in which to file a complaint concerning alleged sexual harassment with the official or office designated for receipt of such complaint through such avenue of redress.
“(B) That confidentiality in connection with the complaint cannot be maintained when there is a clear and present risk to health or safety.
“(C) If the alleged sexual harassment also involves an allegation of sexual assault, including sexual contact—
“(i) the manner in which to file a confidential report with a Sexual Assault Response Coordinator or a Sexual Assault Prevention and Response Victim Advocate; and
“(ii) options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program.
“(D) The services and assistance available to the member in connection with the complaint and the alleged sexual harassment.
“(c) Education and Tracking.—The Secretary of Defense shall—
“(1) educate members under the jurisdiction of the Secretaries of the military departments regarding the process established under this section; and
“(2) track complaints alleged pursuant to the process.
“(d) Reports.—Not later than April 30, 2023, and April 30 every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous two calendar years. Any data on such complaints shall not contain any personally identifiable information.”
“1561b. Confidential reporting of sexual harassment.”.
“(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.”
“(1) A description and assessment of the extent and effectiveness of the inclusion by the Armed Forces of sexual assault prevention and response training in leader professional military education (PME), especially in such education for personnel in junior noncommissioned officer grades.
“(2) An assessment of the feasibility of—
“(A) the screening before entry into military service of recruits who may have been the subject or perpetrator of prior incidents of sexual assault and harassment, including through background checks; and
“(B) the administration of screening tests to recruits to assess recruit views and beliefs on equal opportunity, and whether such views and beliefs are compatible with military service.
“(3) An assessment of the feasibility of conducting exit interviews of members of the Armed Forces upon their discharge release from the Armed Forces in order to determine whether they experienced or witnessed sexual assault or harassment during military service and did not report it, and an assessment of the feasibility of combining such exit interviews with the Catch a Serial Offender (CATCH) Program of the Department of Defense.
“(4) An assessment whether the sexual assault reporting databases of the Department are sufficiently anonymized to ensure privacy while still providing military leaders with the information as follows:
“(A) The approximate length of time the victim and the assailant had been at the duty station at which the sexual assault occurred.
“(B) The percentage of sexual assaults occurring while the victim or assailant were on temporary duty, leave, or otherwise away from their permanent duty station.
“(C) The number of sexual assaults that involve an abuse of power by a commander or supervisor.”
“(d) Advisory Duties on Coast Guard Academy.—In providing advice under subsection (c)(1)(B), the Advisory Committee shall also advise the Secretary of the Department in which the Coast Guard is operating in accordance with this section on policies, programs, and practices of the United States Coast Guard Academy.”
; and
“(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
“(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).”
“(D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.”
“(1) In general.—Each Judge”
; and
“(2) Additional qualifications.—In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law before such assignment.”
“(1) Cases appealed by accused.—
“(A) In general.—In any case before the Court of Criminal Appeals under subsection (b), the Court may act only with respect to the findings and sentence as entered into the record under section 860c of this title (article 60c). The Court may affirm only such findings of guilty as the Court finds correct in law, and in fact in accordance with subparagraph (B). The Court may affirm only the sentence, or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved.
“(B) Factual sufficiency review.—
(i) In an appeal of a finding of guilty under subsection (b), the Court may consider whether the finding is correct in fact upon request of the accused if the accused makes a specific showing of a deficiency in proof.
“(ii) After an accused has made such a showing, the Court may weigh the evidence and determine controverted questions of fact subject to—
“(I) appropriate deference to the fact that the trial court saw and heard the witnesses and other evidence; and
“(II) appropriate deference to findings of fact entered into the record by the military judge.
“(iii) If, as a result of the review conducted under clause (ii), the Court is clearly convinced that the finding of guilty was against the weight of the evidence, the Court may dismiss, set aside, or modify the finding, or affirm a lesser finding.”
“(C) the findings set forth in the entry of judgment, as affirmed, dismissed, set aside, or modfied by the Court of Criminal Appeals as incorrect in fact under section 866(d)(1)(B) of this title (article 66(d)(1)(B)).”
“(D) an analysis of each case in which a Court of Criminal Appeals made a final determination that a finding of a court-martial was clearly against the weight of the evidence, including an explanation of the standard of appellate review applied in such case.”
“(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.”
“(2) Department of defense.—
“(A) In general.—Not later than 3 business days after the final disposition of a judicial proceeding conducted within the Department of Defense, the Secretary of Defense shall make available to the Attorney General records which are relevant to a determination of whether a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, for use in background checks performed by the National Instant Criminal Background Check System.
“(B) Judicial proceeding defined.—In this paragraph, the term ‘judicial proceeding’ means a hearing—
“(i) of which the person received actual notice; and
“(ii) at which the person had an opportunity to participate with counsel.”
Ҥ 5906. Availability of legal assistance at Department facilities
“(a) In General.—Not less frequently than three times each year, the Secretary shall facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection (c) to eligible individuals at not fewer than one medical center of the Department of Veterans Affairs, or such other facility of the Department as the Secretary considers appropriate, in each State.
“(b) Eligible Individuals.—For purposes of this section, an eligible individual is—
“(1) any veteran;
“(2) any surviving spouse; or
“(3) any child of a veteran who has died.
“(c) Pro Bono Legal Assistance Described.—The pro bono legal assistance described in this subsection is the following:
“(1) Legal assistance with any program administered by the Secretary.
“(2) Legal assistance associated with—
“(A) improving the status of a military discharge or characterization of service in the Armed Forces, including through a discharge review board; or
“(B) seeking a review of a military record before a board of correction for military or naval records.
“(3) Such other legal assistance as the Secretary—
“(A) considers appropriate; and
“(B) determines may be needed by eligible individuals.
“(d) Limitation on Use of Facilities.—Space in a medical center or facility designated under subsection (a) shall be reserved for and may only be used by the following, subject to review and removal from participation by the Secretary:
“(1) A veterans service organization or other nonprofit organization.
“(2) A legal assistance clinic associated with an accredited law school.
“(3) A legal services organization.
“(4) A bar association.
“(5) Such other attorneys and entities as the Secretary considers appropriate.
“(e) Legal Assistance in Rural Areas.—In carrying out this section, the Secretary shall ensure that pro bono legal assistance is provided under subsection (a) in rural areas.
“(f) Definition of Veterans Service Organization.—In this section, the term ‘veterans service organization’ means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.”
“5906. Availability of legal assistance at Department facilities.”.
“(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).”
“(2) a report from each military department on the status of diversity and inclusion in such department;”
“(vii) Strategic goals related to diversity and inclusion in the armed forces, and an assessment of measures of performance related to the efforts of the armed forces to reflect the diverse population of the United States eligible to serve in the armed forces.”
“(l)
(1) The Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall establish metrics to measure—
“(A) efforts to reflect across all grades comprising the officer and enlisted corps of each armed force the diverse population of the United States eligible to serve in the armed forces; and
“(B) the efforts of the armed forces to generate and maintain a ready military force that will prevail in war, prevent and deter conflict, defeat adversaries, and succeed in a wide range of contingencies.
“(2) In implementing the requirement in paragraph (1), the Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall—
“(A) ensure that data elements, data collection methodologies, and reporting processes and structures pertinent to each metric established pursuant to that paragraph are comparable across the armed forces, to the extent practicable;
“(B) establish standard classifications that members of the armed forces may use to self-identify their gender, race, or ethnicity, which classifications shall be consistent with Office of Management and Budget Number Directive 15, entitled ‘Race and Ethnic Standards for Federal Statistics and Administrative Reporting’, or any successor directive;
“(C) define conscious and unconscious bias with respect to matters of diversity and inclusion, and provide guidance to eliminate such bias;
“(D) conduct a barrier analysis to review demographic diversity patterns across the military life cycle, starting with enlistment or accession into the armed forces, in order to—
“(i) identify barriers to increasing diversity;
“(ii) develop and implement plans and processes to resolve or eliminate any barriers to diversity; and
“(iii) review the progress of the armed forces in implementing previous plans and processes to resolve or eliminate barriers to diversity;
“(E) develop and implement plans and processes to ensure that advertising and marketing to promote enlistment or accession into the armed forces is representative of the diverse population of the United States eligible to serve in the armed forces; and
“(F) meet annually with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the Chiefs of Staff of the Armed Forces to assess progress toward diversity and inclusion across the armed forces and to elicit recommendations and advice for enhancing diversity and inclusion in the armed forces
“(m) Accompanying each national defense strategy provided to the congressional defense committees in accordance with subsection (g)(1)(D), the Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall provide a report that sets forth a detailed discussion, current as of the preceding fiscal year, of the following:
“(1) The number of officers and enlisted members of the armed forces, including the reserve components, disaggregated by gender, race, and ethnicity, for each grade in each armed force.
“(2) The number of members of the armed forces, including the reserve components, who were promoted during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each grade in each armed force, and of the number so promoted, the number promoted below, in, and above the applicable promotion zone.
“(3) The number of members of the armed forces, including the reserve components, who were enlisted or accessed into the armed forces during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, in each armed force.
“(4) The number of graduates of each military service academy during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each military department and the United States Coast Guard.
“(5) The number of members of the armed forces, including the reserve components, who reenlisted or otherwise extended a commitment to military service during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each grade in each armed force.
“(6) An assessment of the pool of officers best qualified for promotion to grades O–9 and O–10, disaggregated by gender, race, and ethnicity, in each military department and the United States Coast Guard.
“(7) Any other matter the Secretary considers appropriate.”
“(e) Prior to making a recommendation to the Secretary of Defense for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or the commensurate grades in the Space Force, the Secretary concerned shall consider all officers determined to be among the best qualified for such position.”
“(4) Prior to making a recommendation to the President for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of vice admiral, the Commandant shall consider all officers determined to be among the best qualified for such position.”
“(d) When Surveys Required.—
(1) The Armed Forces Workplace and Gender Relations Surveys of the Active Duty and the Armed Forces Workplace and Gender Relations Survey of the Reserve Components shall each be conducted once every two years. The surveys may be conducted within the same year or in two separate years, and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces.
“(2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The surveys may be conducted within the same year or in two separate years, and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces.
“(3)
(A) The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress.
“(B) The Secretary shall ensure that a survey postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
“(C) The Secretary shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.”
“(3)
(A) The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.
“(B) The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
“(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.”
“(3)
(A) The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.
“(B) The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
“(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.”
“(3)
(A) The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.
“(B) The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
“(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.”
“(d) Postponement.—
(1) The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress.
“(2) The Secretary shall ensure that a survey postponed under paragraph (1) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.
“(3) The Secretary shall notify Congress of a determination under paragraph (1) not later than 30 days after the date on which the Secretary makes such determination.”
“(b) Briefing.—Not later than March 1, 2021, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing including—
“(1) the text of the questions included in surveys under subsection (a); and
“(2) which surveys include such questions.”
“(b) Mentoring and Career Counseling Program.—
“(1) Program required as part of plan.—With the goal of having the diversity of the population of officers serving in each branch, specialty, community, and grade of each armed force reflect the diversity of the population in such armed force as a whole, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall include in the plan required by subsection (a) a mentoring and career counseling program for officers.
“(2) Elements.—The program required by this subsection shall include the following:
“(A) The option for any officer to participate in the program.
“(B) For each officer who elects to participate in the program, the following:
“(i) One or more opportunities for mentoring and career counseling before selection of the officer’s branch, specialty, or community.
“(ii) Ongoing opportunities for mentoring and career counseling following selection of the officer’s branch, specialty, or community, and continuing through the officer’s military career.
“(C) Mentoring and counseling during opportunities under subparagraph (B) consisting of the following:
“(i) Information on officer retention and promotion rates in each grade, branch, specialty, and community of the armed force concerned, including the rate at which officers in each branch, specialty, or community of such armed force are promoted to a grade above O–6.
“(ii) Information on career and service pathways, including service in the reserve components.
“(iii) Such other information as may be required to optimize the ability of an officer to make informed career decisions through the officer’s military career.”
“§ 656. Diversity in military leadership: plan; mentoring and career counseling program”
“656. Diversity in military leadership: plan; mentoring and career counseling program.”.
“(C) Ability to request a second review of the approved assignment within or outside the continental United States if the member believes the location is inappropriate for the member’s family and would cause undue hardship.
“(D) Protection from having a medical recommendation for an approved assignment overridden by the commanding officer.
“(E) Ability to request continuation of location when there is a documented substantial risk of transferring medical care or educational services to a new provider or school at the specific time of permanent change of station.”
; and
“(H) Procedures for the development of an individualized services plan for military family members with special needs who have requested family support services and have a completed family needs assessment.
“(I) Requirements to prohibit disenrollment from the Exceptional Family Member Program unless there is new supporting medical or educational information that indicates the original condition is no longer present, and to track disenrollment data in each armed force.”
“(5) The term ‘covered personnel’ means—
“(A) members of the Armed Forces (including the reserve components) assigned to special operations forces;
“(B) service personnel assigned to support special operations forces; and
“(C) immediate family members of individuals described in subparagraphs (A) and (B).”
“1788a. Support programs: special operations forces personnel; immediate family members.”.
“(a) Policy.—It is the policy”
; and
“(b) Responsibility for Allocations of Certain Funds.—The Secretary of Defense shall be responsible for the allocation of Office of the Secretary of Defense level funds for military child development programs for children from birth through 12 years of age, and may not delegate such responsibility to the military departments.”
“(c) Family Discount.—In the case of a family with two or more children attending a child development center, the regulations prescribed pursuant to subsection (a) may require that installations commanders charge a fee for attendance at the center of any child of the family after the first child of the family in amount equal to 85 percent of the amount of the fee otherwise chargeable for the attendance of such child at the center.”
“(b) National Testing.—Financial assistance under subsection (a) may be applied to the costs of national tests that may earn a participating military spouse course credits required for a degree approved under the program (including the College Level Examination Program tests).”
“2193b. Improvement of education in technical fields: program for support of elementary and secondary education in science, technology, engineering, art and design, and mathematics.”.
“(G) The explosive ordnance disposal commandant (chief of explosive ordnance disposal) has determined whether explosive ordnance disposal soldiers have the appropriate skills necessary to support missions of special operations forces (as identified in section 167(j) of title 10, United States Code). Such skills may include airborne, air assault, combat diver, fast roping insertion and extraction, helocasting, military free-fall, and off-road driving.”
“(4) for each of six days for each period during which the member is on maternity leave.”
“(G) Points at the rate of 12 per period during which the member is on maternity leave.”
; and
“(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”
“(p) Information on Rights and Protections Under Servicemembers Civil Relief Act.—The Secretary concerned shall provide to each member of a uniformed service who receives a basic allowance for housing under this section information on the rights and protections available to such member under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.)—
“(1) when such member first receives such basic allowance for housing; and
“(2) each time such member receives a permanent change of station.”
“405. Travel and transportation allowances: per diem while on duty outside the continental United States.”; and
“435. Funeral honors duty: allowance.”.
“(i) may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month; and
“(ii) in the case of member who performs hazardous duty specifically designated by the Secretary concerned, shall pay the member hazardous duty pay in an amount not to exceed the maximum amount of hazardous duty pay that would be payable to the member under subsection (b)(2) for the entire month, regardless of the duration of the qualifying service.
“(C) In the case of hazardous duty pay payable under paragraph (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.”
; and
“(1) the pay and allowances authorized by law for the duty that the Reserve is performing; or
“(2) if the Reserve specifically waives those payments, the retired or retainer pay to which the Reserve is entitled because of the Reserve’s earlier military service.”
“(b) Except as provided by subsection (c), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve’s earlier military service is entitled to a pension or disability compensation, and who performs duty for which the Reserve is entitled to compensation, may elect to receive for that duty either—
“(1) the pension or disability compensation to which the Reserve is entitled because of the Reserve’s earlier military service; or
“(2) if the Reserve specifically waives those payments, the pay and allowances authorized by law for the duty that the Reserve is performing.”
“(d) The Secretary of Defense shall prescribe regulations under which a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard may waive the pay and allowances authorized by law for the duty the Reserve is performing under subsection (a)(2) or (b)(2).”
“(g) Reimbursement of Qualifying Spouse Relicensing Costs Incident to a Member’s Permanent Change of Station or Assignment.—
(1) From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the uniformed services for qualified relicensing costs of the spouse of the member when—
“(A) the member is reassigned, either as a permanent change of station or permanent change of assignment, between duty stations located in separate jurisdictions with unique licensing or certification requirements and authorities; and
“(B) the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment.
“(2) Reimbursement provided to a member under this subsection may not exceed $1000 in connection with each reassignment described in paragraph (1).
“(3) No reimbursement may be provided under this subsection for qualified relicensing costs paid or incurred after December 31, 2024.
“(4) In this subsection, the term ‘qualified relicensing costs’ means costs, including exam, continuing education courses, and registration fees, incurred by the spouse of a member if—
“(A) the spouse was licensed or certified in a profession during the member’s previous duty assignment and requires a new license or certification to engage in that profession in a new jurisdiction because of movement described in paragraph (1)(B) in connection with the member’s change in duty location pursuant to reassignment described in paragraph (1)(A); and
“(B) the costs were incurred or paid to secure or maintain the license or certification from the new jurisdiction in connection with such reassignment.”
“(A) a spouse and any other dependent of a member of such Armed Force (including the reserve components thereof) who dies on active duty; and
“(B) a dependent described in subparagraph (A) if the spouse of the deceased member dies and the dependent (or the guardian of such dependent) requests such assistance.
“(2) Casualty assistance officers described in paragraph (1) shall provide to spouses and dependents described in that paragraph the following services:”
“(3) Gold star families parks pass.—The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at no cost, to members of Gold Star Families who meet the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).”
Ҥ 1066. Use of commissary stores and MWR facilities: protective services civilian employees
“(a) Eligibility of Protective Services Civilian Employees.—An individual employed as a protective services civilian employee at a military installation may be permitted to purchase food and hygiene items at a commissary store or MWR retail facility located on that military installation.
“(b) User Fee Authority.—
(1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.
“(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.
“(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.
“(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.
“(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).”
“1066. Use of commissary stores and MWR facilities: protective services civilian employees.”.
“(d) Emergency Response Providers During a Declared Major Disaster or Emergency.—The Secretary of Defense may prescribe regulations to allow an emergency response provider (as that term is defined in section 2 of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).”
“(c) Approval Required for Certain Payments and Awards.—A person described in subsection (a) may accept payment for speeches, travel, meals, lodging, or registration fees described in that subsection, or accept a non-cash award described in that subsection, only if the Secretary concerned approves the payment or award.”
“(2) The report under paragraph (1) on an approval described in that paragraph with respect to an officer shall set forth the following:
“(A) The foreign government providing the employment or compensation or payment or award.
“(B) The duties, if any, to be performed in connection with the employment or compensation or payment or award.
“(C) The total amount of compensation, if any, or payment to be provided.”
“§ 908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments”
“908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments.”.
“(b) Temporary Exclusion of Certain Shipyard Employees.—
“(1) In general.—In carrying out a Government lodging program under subsection (a), the Secretary shall exclude from the requirements of the program employees who are traveling for the performance of mission functions of a public shipyard of the Department if the Secretary determines such requirements would adversely affect the purpose or mission of such travel.
“(2) Termination.—This subsection shall terminate on September 30, 2023.”
“SEC. 914. GOVERNMENT LODGING PROGRAM.”
“(b) Waiver of Fees.—The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian who is not a covered beneficiary if—
“(1) the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian (including any such costs remaining after the Secretary receives payment from an insurer for such care, as applicable); and
“(2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary.”
“(e)
(1) Extended benefits for eligible dependents under subsection (d) may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration of, function of the patient) and case management services with respect to the qualifying condition of such a dependent, and include, to the extent such benefits are not provided under provisions of this chapter other than under this section, the following:
“(A) Diagnosis and screening.
“(B) Inpatient, outpatient, and comprehensive home health care supplies and services which may include cost-effective and medically appropriate services other than part-time or intermittent services (within the meaning of such terms as used in the second sentence of section 1861(m) of the Social Security Act (42 U.S.C. 1395x)).
“(C) Rehabilitation services and devices.
“(D) In accordance with paragraph (2), respite care for the primary caregiver of the eligible dependent.
“(E) In accordance with paragraph (3), service and modification of durable equipment and assistive technology devices.
“(F) Special education.
“(G) Vocational training, which may be furnished to an eligible dependent in the residence of the eligible dependent or at a facility in which such training is provided.
“(H) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in subsection (a)(12).
“(2) Respite care under paragraph (1)(D) shall be provided subject to the following conditions:
“(A) Pursuant to regulations prescribed by the Secretary for purposes of this paragraph, such respite care shall be limited to 32 hours per month for a primary caregiver.
“(B) Unused hours of such respite care may not be carried over to another month.
“(C) Such respite care may be provided to an eligible beneficiary regardless of whether the eligible beneficiary is receiving another benefit under this subsection.
“(3)
(A) Service and modification of durable equipment and assistive technology devices under paragraph (1)(E) may be provided only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by the eligible dependent.
“(B) Service and modification of durable equipment and assistive technology devices under such paragraph may not be provided—
“(i) in the case of misuse, loss, or theft of the equipment or device; or
“(ii) for a deluxe, luxury, or immaterial feature of the equipment or device, as determined by the Secretary.
“(C) Service and modification of durable equipment and assistive technology devices under such paragraph may include training of the eligible dependent and immediate family members of the eligible dependent on the use of the equipment or device.”
“(C) With respect to the Extended Care Health Option program under section 1079(d) of this title—
“(i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;
“(ii) a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents;
“(iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and
“(iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.”
“(2) For purposes of selling hearing aids at cost to the United States under paragraph (1), a dependent of a member of the reserve components who is enrolled in the TRICARE program under section 1076d of this title shall be deemed to be a dependent eligible for care under this section.”
“(b) Administration of Plans.—The plans established under this section shall be administered under regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries.”
Ҥ 1073e. Protection of armed forces from infectious diseases
“(a) Protection.—The Secretary of Defense shall develop and implement a plan to ensure that the armed forces have the diagnostic equipment, testing capabilities, and personal protective equipment necessary to protect members of the armed forces from the threat of infectious diseases and to treat members who contract infectious diseases.
“(b) Requirements.—In carrying out subsection (a), the Secretary shall ensure the following:
“(1) Each military medical treatment facility has the testing capabilities described in such subsection, as appropriate for the mission of the facility.
“(2) Each deployed naval vessel has access to the testing capabilities described in such subsection.
“(3) Members of the armed forces deployed in support of a contingency operation outside of the United States have access to the testing capabilities described in such subsection, including at field hospitals, combat support hospitals, field medical stations, and expeditionary medical facilities.
“(4) The Department of Defense maintains—
“(A) a 30-day supply of personal protective equipment in a quantity sufficient for each member of the armed forces, including the reserve components thereof; and
“(B) the capability to rapidly resupply such equipment.
“(c) Research and Development.—
(1) The Secretary shall include with the defense budget materials (as defined by section 231(f) of this title) for a fiscal year a plan to research and develop vaccines, diagnostics, and therapeutics for infectious diseases.
“(2) The Secretary shall ensure that the medical laboratories of the Department of Defense are equipped with the technology needed to facilitate rapid research and development of vaccines, diagnostics, and therapeutics in the case of a pandemic.”
“1073e. Protection of armed forces from infectious diseases.”.
“(11) Providing for the provision of drugs, biological products, vaccines, and critical medical supplies required to enable combat readiness and protect the health of the armed forces.”
“(G) notwithstanding sections 2304, 2361, and 2374 of this title, to enter into contracts and cooperative agreements with, accept grants from, and make grants to, nonprofit entities (on a sole-source basis) for the purpose specified in subparagraph (A) or for any other purpose the Secretary determines to be consistent with the mission of the University.”
“(3) the Director of the Defense Health Agency, who shall be an ex officio member;”
“(D) A description of how the Secretary will carry out subsection (b), including, with respect to each affected military medical treatment facility, a description of—
“(i) the elements required for health care providers to accept and transition covered beneficiaries to the purchased care component of the TRICARE program;
“(ii) a method to monitor and report on quality benchmarks for the beneficiary population that will be required to transition to such component of the TRICARE program; and
“(iii) a process by which the Director of the Defense Health Agency will ensure that such component of the TRICARE program has the required capacity.”
; and
“(4) Notice and wait.—The Secretary may not implement the plan under paragraph (1) unless—
“(A) the Secretary has submitted the plan to the congressional defense committees;
“(B) the Secretary has certified to the congressional defense committees that, pursuant to subsection (b), if a proposed restructure, realignment, or modification will eliminate the ability of a covered beneficiary to access health care services at a military medical treatment facility, the covered beneficiary will be able to access such health care services through the purchased care component of the TRICARE program; and
“(C) a 180-day period has elapsed following the later of—
“(i) the date on which the congressional defense committees have received both the implementation plan under subparagraph (A) and the notice of certification under subparagraph (B); or
“(ii) the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.”
“(c) Lead Official for Design and Implementation of Pilot Program.—
“(1) In general.—The Assistant Secretary of Defense for Health Affairs shall be the lead official for the design and implementation of the pilot program under subsection (a).
“(2) Resources.—The Assistant Secretary of Defense for Health Affairs shall leverage the resources of the Defense Health Agency for execution of the pilot program under subsection (a) and shall coordinate with the Chairman of the Joint Chiefs of Staff for the duration of the pilot program, including for the duration of any period of design or planning for the pilot program.
“(d) Locations.—
“(1) In general.—The Secretary of Defense shall carry out the pilot program under subsection (a) at not fewer than five locations in the United States that are located at or near an organization, institution, entity, center, or hospital specified in subsection (a) with established expertise in disaster health preparedness and response and trauma care that augment and enhance the effectiveness of the pilot program.
“(2) Phased selection of locations.—
“(A) Initial selection.—Not later than March 31, 2021, the Assistant Secretary of Defense for Health Affairs, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation, shall select not fewer than two locations at which to carry out the pilot program.
“(B) Subsequent selection.—Not later than the end of the one-year period following selection of the locations under subparagraph (A), the Assistant Secretary of Defense for Health Affairs, in consultation with the Secretaries specified in subparagraph (A), shall select not fewer than two additional locations at which to carry out the pilot program until not fewer than five locations are selected in total under this paragraph.
“(3) Consideration for locations.—In selecting locations for the pilot program under subsection (a), the Secretary shall consider—
“(A) the proximity of the location to civilian or military transportation hubs, including airports, railways, interstate highways, or ports;
“(B) the proximity of the location to an organization, institution, entity, center, or hospital specified in subsection (a) with the ability to accept a redistribution of casualties during times of war;
“(C) the proximity of the location to an organization, institution, entity, center, or hospital specified in subsection (a) with the ability to provide trauma care training opportunities for medical personnel of the Department of Defense; and
“(D) the proximity of the location to existing academic medical centers of institutions of higher education, facilities of the Department, or other institutions that have established expertise in the areas of—
“(i) highly infectious disease;
“(ii) biocontainment;
“(iii) quarantine;
“(iv) trauma care;
“(v) combat casualty care;
“(vi) the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11);
“(vii) disaster health preparedness and response;
“(viii) medical and public health management of biological, chemical, radiological, or nuclear hazards; or
“(ix) such other areas of expertise as the Secretary considers appropriate.
“(4) Priority for locations.—In selecting locations for the pilot program under subsection (a), the Secretary shall give priority to locations that would facilitate public-private partnerships with academic medical centers of institutions of higher education, hospitals, and other entities with facilities that have an established history of providing clinical care, treatment, training, and research in the areas described in paragraph (3)(D) or other specializations determined important by the Secretary for purposes of the pilot program.”
“(g) Reports.—
“(1) Initial report.—
“(A) In general.—Not later than 180 days after the commencement of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the pilot program.
“(B) Elements.—The report under subparagraph (A) shall include the following:
“(i) A description of the pilot program.
“(ii) The requirements established under subsection (e).
“(iii) The evaluation metrics established under subsection (f).
“(iv) Such other matters relating to the pilot program as the Secretary considers appropriate.
“(2) Final report.—Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the pilot program.”
; and
“(h) Definitions.—In this section:
“(1) The term ‘appropriate congressional committees’ means—
“(A) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans’ Affairs, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives.
“(B) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.
“(2) The term ‘institution of higher education’ means a four-year institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).”
“(iii) The one-year period following the date on which the member returns from such a deployment.”
“(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
“(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.”
“(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.”
Ҥ 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.”
“1789. Mental health services for members of the reserve components of the Armed Forces.”.
“(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.”
“1720F. Comprehensive program for suicide prevention among veterans and members of the reserve components of the Armed Forces.”.
“1720H. Mental health treatment for veterans and members of the reserve components of the Armed Forces who served in classified missions.”.
“(b) Life Cycle Sustainment Plan.—Before granting Milestone B approval (or the equivalent), the milestone decision authority shall ensure that each covered system has an approved life cycle sustainment plan. The life cycle sustainment plan shall include—
“(1) a comprehensive product support strategy;
“(2) performance goals, including key performance parameters for sustainment, key system attributes of the covered system, and other appropriate metrics;
“(3) an approved life-cycle cost estimate for the covered system;
“(4) affordability constraints and key cost factors that could affect the operating and support costs of the covered system;
“(5) sustainment risks and proposed mitigation plans for such risks;
“(6) engineering and design considerations that support cost-effective sustainment of the covered system;
“(7) a technical data and intellectual property management plan for product support; and
“(8) major maintenance and overhaul requirements that will be required during the life cycle of the covered system.”
“(A) develop, update, and implement a life cycle sustainment plan described in subsection (b);”
“(5) Covered system.—The term ‘covered system’ means—
“(A) a major defense acquisition program as defined in section 2430 of this title; or
“(B) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 2430(a)(1)(B).”
; and
“(6) Milestone b approval.—The term ‘Milestone B approval’ has the meaning given that term in section 2366(e)(7) of this title.
“(7) Milestone decision authority.—The term ‘milestone decision authority’ has the meaning given in section 2431a(e)(5) of this title.”
“(P) has approved the life cycle sustainment plan required under section 2337(b) of this title.”
; and
“(H) A summary of the life cycle sustainment plan required under section 2337 of this title.”
“(10) As applicable, information regarding any decision to restructure the life cycle sustainment plan for a covered system or any other action that will lead to critical operating and support cost growth.”
; and
“(d) Submission to Congress.—
(1) Not later than September 30 of each fiscal year, the Secretary of each military department shall annually submit to the congressional defense committees the sustainment reviews required by this section for such fiscal year.
“(2) Each submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(3) For a covered system with critical operating and support cost growth, such submission shall include a remediation plan to reduce operating and support costs or a certification by the Secretary concerned that such critical operating and support cost growth is necessary to meet national security requirements.
“(e) Definitions.—In this section:
“(1) Covered system.—The term ‘covered system’ shall have the meaning given in section 2337 of this title.
“(2) Critical operating and support cost growth.—The term ‘critical operating and support cost growth’ means operating and support cost growth—
“(A) of at least 25 percent more than the estimate documented in the most recent independent cost estimate for the covered system; or
“(B) of at least 50 percent more than the estimate documented in the original Baseline Estimate (as defined in section 2435(d) of this title) for the covered system.”
Ҥ 2339c. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts
“(a) In General.—Any covered offeror seeking to be awarded a shipbuilding construction contract as part of a major defense acquisition program with funds from the Shipbuilding and Conversion, Navy account shall disclose along with the offer and any subsequent revisions of the offer (including the final proposal revision offer) if any part of the planned contract performance will or is expected to include foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
“(b) Requirements.—A disclosure required under subsection (a) shall be made in a form prescribed by the Secretary of the Navy and shall include a specific description of the extent to which the planned contract performance will include, with or without contingencies, any foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
“(c) Congressional Notification.—Not later than 5 days after awarding a contract described under subsection (a), the Secretary of the Navy shall notify the congressional defense committees and summarize the disclosure provided under such subsection.
“(d) Definitions.—In this section:
“(1) Covered offeror.—The term ‘covered offeror’ means any offeror that requires or may reasonably be expected to require, during the period of performance on a shipbuilding construction contract described in subsection (a), a method to mitigate or negate foreign ownership under section 2004.34(f)(6) of title 32, Code of Federal Regulations.
“(2) Foreign government subsidized performance.—The term ‘foreign government subsidized performance’ means any financial support, materiel, services, or guarantees of support, services, supply, performance, or intellectual property concessions, that may be provided to or for the covered offeror or the customer of the offeror by a foreign government or entity effectively owned or controlled by a foreign government, which may have the effect of supplementing, supplying, servicing, or reducing the cost or price of an end item, or supporting, financing in whole or in part, or guaranteeing contract performance by the offeror.
“(3) Major defense acquisition program.—The term ‘major defense acquisition program’ has the meaning given the term in section 2430 of this title.”
“2339c. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.”.
“(i) comply with, if available and suitable, widely supported and consensus-based standards; or
“(ii) are delivered pursuant to the requirements established in subsection (a)(2)(B) of section 804 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including the delivery of—
“(I) software-defined interface syntax and properties, specifically governing how values are validly passed and received between major subsystems and components, in machine-readable format;
“(II) a machine-readable definition of the relationship between the delivered interface and existing common standards or interfaces available in Department interface repositories; and
“(III) documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of interface elements, such as the function of a given interface field;”
; and
“(4) The term ‘modular system interface’ means a shared boundary between major systems, major system components, or modular systems, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements.”
“(5) The term ‘modular system’ refers to a weapon system or weapon system component that—
“(A) is able to execute without requiring coincident execution of other specific weapon systems or components;
“(B) can communicate across component boundaries and through interfaces; and
“(C) functions as a module that can be separated, recombined, and connected with other weapon systems or weapon system components in order to achieve various effects, missions, or capabilities.”
“(G) Modular system interfaces developed exclusively at private expense or with mixed funding.—Notwithstanding subparagraphs (B) and (E), the United States shall have government purpose rights in technical data pertaining to a modular system interface developed exclusively at private expense or in part with Federal funds and in part at private expense and used in a modular open system approach pursuant to section 2446a of this title, except in any case in which the Secretary of Defense determines that negotiation of different rights in such technical data would be in the best interest of the United States. Such modular system interface shall be identified in the contract solicitation and the contract. For technical data pertaining to a modular system interface developed exclusively at private expense for which the United States asserts government purpose rights, the Secretary of Defense shall negotiate with the contractor the appropriate and reasonable compensation for such technical data.”
; and
“(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.”
“(4) The term ‘material weakness’ means a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable possibility that a material misstatement of such information will not be prevented, or detected and corrected, on a timely basis. For purposes of this paragraph, a reasonable possibility exists when the likelihood of an event occurring—
“(A) is probable; or
“(B) is more than remote but less than likely.”
“(viii) A strategic framework prescribed by the Secretary that guides how the Department will prioritize and integrate activities relating to sustainment of major defense acquisition programs, core logistics capabilities (as described under section 2464 of this title), commercial logistics capabilities, and the national technology and industrial base (as defined in section 2500 of this title).
“(ix) A strategic framework prescribed by the Secretary that guides how the Department will specifically address contested logistics, including major investments for related infrastructure, logistics-related authorities, force posture, related emergent technology and advanced computing capabilities, operational resilience, and operational energy, over the following five-year period to support such strategy.”
“(9) advising the Secretary on all aspects of acquisition and sustainment relating to—
“(A) defense acquisition programs;
“(B) core logistics capabilities (as described under section 2464 of this title); and
“(C) the national technology and industrial base (as defined in section 2500 of this title).”
“(14) Program lead software.”
; and
“(b) Determinations Regarding the Commercial Nature of Products or Services.—
“(1) In general.—In making a determination whether a particular product or service offered by a contractor meets the definition of a commercial product or commercial service, a contracting officer of the Department of Defense may—
“(A) request support from the Director of the Defense Contract Management Agency, the Director of the Defense Contract Audit Agency, or other appropriate experts in the Department to make a determination whether a product or service is a commercial product or commercial service; and
“(B) consider the views of appropriate public and private sector entities.
“(2) Memorandum.—Within 30 days after a contract award, the contracting officer shall, consistent with the policies and regulations of the Department, submit a written memorandum summarizing the determination referred to in paragraph (1), including a detailed justification for such determination.”
“(h) Exception for Small Purchases.—
(1) Subsection (a) does not apply to purchases for amounts not greater than $150,000. A proposed procurement of an item in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
“(2) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.”
“(v) A requirement for the Secretary to require reports and conduct examinations on a periodic basis of covered contractors or subcontractors in order to assess compliance with the requirements of this section.”
“(iv) Procedures for appropriately responding to changes in covered contractor or subcontractor beneficial ownership status based on changes in disclosures of their beneficial ownership and whether they are under FOCI and the reports and examinations required by subparagraph (A)(v).”
“(1) was entered into—
“(A) with respect to a contract or group of contracts not described in subparagraph (B), at least 7 fiscal years before the current fiscal year; and
“(B) with respect to a contract or group of contracts for military construction (as defined in section 2801 of title 10, United States Code) or shipbuilding, at least 10 fiscal years before the current fiscal year;”
; and
“(2) the performance or delivery has been completed at least 4 years before the current fiscal year; and”
“(c) Procedures.—The Secretary of Defense shall establish procedures to collect and analyze information on the use and benefits of the authority under this section and related impacts on performance, affordability, and capability delivery.”
“2302e. Contract authority for development and demonstration of initial or additional prototype units.”.
Ҥ 2533d. Additional requirements pertaining to printed circuit boards
“(a) In General.—
“(1) Beginning on January 1, 2023, the Secretary of Defense may not acquire a covered printed circuit board from a covered nation.
“(2) Paragraph (1) shall not apply with respect to any acquisition of supplies or services below the micro-purchase threshold under section 2338 of this title.
“(b) Waiver.—
“(1) The Secretary may waive the prohibition under subsection (a) if the Secretary determines in writing that—
“(A) there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by such waiver;
“(B) the waiver is required to support national security; and
“(C) a covered printed circuit board of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from nations other than a covered nation at reasonable cost, excluding comparisons with non-market economies.
“(2) Not later than 10 days after the Secretary provides a waiver under paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notice setting forth the reasoning for the waiver, together with a copy of the waiver itself.
“(c) Definitions.—In this section:
“(1) Covered nation.—The term ‘covered nation’ means—
“(A) the Democratic People’s Republic of North Korea;
“(B) the People’s Republic of China;
“(C) the Russian Federation; and
“(D) the Islamic Republic of Iran.
“(2) Covered printed circuit board.—The term ‘covered printed circuit board’ means any partially manufactured or complete bare printed circuit board or fully or partially assembled printed circuit board that—
“(A) performs a mission critical function in any product or service that is not a commercial product or commercial service (as such terms are defined under sections 103 and 103a of title 41, respectively); or
“(B) the Secretary designates as a covered printed circuit board, after reasonable notice, based on a determination that the designation is required to support national security.
“(3) Secretary.—The term ‘Secretary’ means the Secretary of Defense.
“(d) Rulemaking.—Not later than May 1, 2022, the Secretary shall promulgate regulations, after an opportunity for notice and comment, implementing this section.
“(e) Applicability.—This section shall apply only with respect to contracts entered into after the issuance of a final rule implementing this section.
“(f) Rule of Construction.—Nothing in this section shall be construed to prohibit the Department of Defense from entering into a contract with an entity that connects to the facilities of a third party, for the purposes of backhaul, roaming, or interconnection arrangements, on the basis of the noncompliance by the third party with the provisions of this section or use of equipment or services that do not route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.”
“2533d. Additional requirements pertaining to printed circuit boards.”.
“(a) Annual Report.—The Secretary”
“(5) A detailed description of any use by the Secretary of Defense or a Secretary concerned, as applicable, during the prior 12 months of a waiver or exception to the sourcing requirements or prohibitions established by chapter 83 of title 41 or subchapter V of chapter 148 of this title, including—
“(A) the type of waiver or exception used; and
“(B) the reasoning for the use of each such waiver or exception.”
; and
“(b) Quarterly Briefings.—
(1) The Secretary of Defense shall ensure that the congressional defense committees receive quarterly briefings on the industrial base supporting the Department of Defense, describing challenges, gaps, and vulnerabilities in the defense industrial base and commercial sector relevant to execution of defense missions, and describing initiatives to address such challenges.
“(2) Each briefing under paragraph (1) shall include an update on the progress of addressing such gaps or vulnerabilities by the Secretary, the Secretary of the military department concerned, or the appropriate head of a Defense Agency, including an update on—
“(A) actions taken to address such gaps or vulnerabilities;
“(B) policy changes necessary to address such gaps or vulnerabilities; and
“(C) the proposed timeline for action and resources required to address such gaps or vulnerabilities.”
“§ 2504. National technology and industrial base: annual report and quarterly briefings”
“2504. National technology and industrial base: annual report and quarterly briefings.”.
“(xi) processes and procedures related to supply chain risk management and processes and procedures implemented pursuant to section 2339a of this title; and”
; and
“(E) Characterization and assessment of industrial base support policies, programs, and procedures, including—
“(i) limitations and acquisition guidance relevant to the national technology and industrial base (as defined in section 2500(1) of this title);
“(ii) limitations and acquisition guidance relevant to section 2533a of this title;
“(iii) the Industrial Base Analysis and Sustainment program of the Department, including direct support and common design activities;
“(iv) the Small Business Innovation Research Program (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
“(v) the Manufacturing Technology Program established under section 2521 of this title;
“(vi) programs relating to the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.); and
“(vii) programs operating in each military department.”
; and
“(2) Components for naval vessels.—The following components of vessels, to the extent they are unique to marine applications:
“(A) Gyrocompasses.
“(B) Electronic navigation chart systems.
“(C) Steering controls.
“(D) Propulsion and machinery control systems.
“(E) Totally enclosed lifeboats.”
“(4) Components for t–ao 205 class vessels.—The following components of T–AO 205 class vessels:
“(A) Auxiliary equipment, including pumps, for all shipboard services.
“(B) Propulsion system components, including engines, reduction gears, and propellers.
“(C) Shipboard cranes.
“(D) Spreaders for shipboard cranes.”
“(b) Manufacturer in the National Technology and Industrial Base.—A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.”
“(a) In General.—The Secretary”
; and
“(b) Acquisition Policy and Guidance.—The Secretary of Defense shall develop and promulgate acquisition policy and guidance to the service acquisition executives, the heads of the appropriate Defense Agencies and Department of Defense Field Activities, and relevant program managers. Such policy and guidance shall be germane to the use of the research and development, manufacturing, and production capabilities identified pursuant to chapter 148 of this title and the technologies, companies, laboratories, and factories in specific Department of Defense research and development, international cooperative research, procurement, and sustainment activities.”
“2440. National technology and industrial base plans, policy, and guidance.”.
“(4) collaboration with government officials of member countries of the national technology and industrial base in order to strengthen the national technology and industrial base.”
“(B) For purposes of this subsection—
“(i) the Secretary of Veterans Affairs shall—
“(I) verify an individual’s status as a veteran or a service-disabled veteran; and
“(II) establish a system to permit the Administrator to access, but not alter, the verification of such status; and
“(ii) the Administrator shall verify—
“(I) the status of a business concern as a small business concern; and
“(II) the ownership and control of such business concern.
“(C) The Administrator may not certify a concern under subsection (b) or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I).”
“(I) the Secretary of Veterans Affairs or the Administrator; or”
; and
“(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
“(1) The term ‘Administrator’ means the Administrator of the Small Business Administration.”
“(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 a concern as a small business concern owned and controlled by service-disabled veterans; and
“(2) require the periodic recertification of such status.”
“(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.—The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (b), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (b).
“(i) Provision of Data.—Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection (b) or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section 36A.”
; and
“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 a concern as a small business concern owned and controlled by veterans; and
“(2) require the periodic recertification of such status.
“(b) Enforcement; Penalties.—
“(1) Verification of eligibility.—In carrying out this section, the Administrator shall establish procedures relating to—
“(A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under section 36 (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and
“(B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a).
“(2) Examination of applicants.—The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a).”
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Small Business Administration or other authorized official, a court of competent jurisdiction, or by operation of law.
“(H) with respect to a Federal agency to which subsection (f)(1) or (n)(1) applies, whether the Federal agency has complied with the applicable subsection for the year covered by the report;”
“(ff) Covered Territory Business.—In this Act, the term ‘covered territory business’ means a small business concern that has its principal office located in one of the following:
“(1) The United States Virgin Islands.
“(2) American Samoa.
“(3) Guam.
“(4) The Northern Mariana Islands.”
“(aa) in the case of a Puerto Rico business, the period beginning on August 13, 2018, and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates; and
“(bb) in the case of a covered territory business, the period beginning on the date of the enactment of this item and ending on the date that is 4 years after such date of enactment.”
; and
“(4) Covered territory businesses.—During the period beginning on the date of the enactment of this paragraph and ending on the date that is 4 years after such date of enactment, the Administrator shall identify potential incentives to a covered territory mentor that awards a subcontract to its covered territory protege, including—
“(A) positive consideration in any past performance evaluation of the covered territory mentor; and
“(B) the application of costs incurred for providing training to such covered territory protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered territory mentor.”
“(i) are between a covered protege and a covered mentor; or
“(ii) are between a covered territory protege and a covered territory mentor.”
“(6) Covered territory mentor.—The term ‘covered territory mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered territory protege.
“(7) Covered territory protege.—The term ‘covered territory protege’ means a protege of a covered territory mentor that is a covered territory business.”
“(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 a small business concern), the Administrator shall establish regulations—
“(A) allowing the small business concern to elect to use the past performance of the joint venture if the small business concern has no relevant past performance of its own;
“(B) requiring the small business concern, when making an election under subparagraph (A)—
“(i) to identify to the contracting officer the joint venture of which the small business concern was a member; and
“(ii) to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture; and
“(C) requiring a contracting officer, if the small business concern makes an election under subparagraph (A), to consider the past performance of the joint venture when evaluating the past performance of the small business concern, giving due consideration to the information provided under subparagraph (B)(ii).”
“(17) Past performance ratings for certain small business subcontractors.—Upon request by a small business concern that performed as a first tier subcontractor on a covered contract (as defined in paragraph (13)(A)), the prime contractor for such covered contract shall submit to such small business concern a record of past performance for such small business concern with respect to such covered contract. If a small business concern elects to use such record of past performance, a contracting officer shall consider such record of past performance when evaluating an offer for a prime contract made by such small business concern.”
“(4) Covered Equipment, Munitions, and Technologies Defined.—In this subsection, the term ‘covered equipment, munitions, and technologies’ means—
“(A) conventional defense equipment, munitions, and technologies manufactured and developed by countries referred to in subsection (a)(2); and
“(B) conventional defense equipment, munitions, and technologies manufactured and developed domestically.”
“(4) Definitions.—In this subsection:
“(A) Beneficial ownership.—The term ‘beneficial ownership’ has the meaning given under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505; 10 U.S.C. 2509 note).
“(B) Corporation.—The term ‘corporation’ means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity.”
“(3) Applicability.—The requirements of this subsection apply only to foreign military sales processes within the Department of Defense.”
“(B) In the discharge of the responsibilities specified in subparagraph (A)(i), the Assistant Secretary is immediately subordinate to the Secretary of Defense. Unless otherwise directed by the President, no officer below the Secretary may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of such responsibilities.”
Ҥ 139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council
“(a) Secretariat for Special Operations.—
“(1) In general.—In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in section 138(b)(2)(A)(i) of this title, there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the ‘Secretariat for Special Operations’.
“(2) Purpose.—The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority, direction, and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel as specified in such section.
“(3) Director.—The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director. An individual serving as Director shall, while so serving, be a member of the Senior Executive Service.
“(4) Administrative chain of command.—For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph (1), the administrative chain of command is as specified in section 167(f) of this title. Unless otherwise directed by the President, no officer below the Secretary of Defense (other than the Assistant Secretary) may intervene to exercise authority, direction, or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities.
“(b) Special Operations Policy and Oversight Council.—
“(1) In general.—In order to fulfill the responsibilities specified in section 138(b)(2)(A)(i) of this title, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall establish and lead a team known as the ‘Special Operation Policy and Oversight Council’ (in this subsection referred to as the ‘Council’).
“(2) Purpose.—The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities. In fulfilling this purpose, the Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, integration, employment, and sustainment of special operations forces and capabilities.
“(3) Membership.—The Council shall include the following:
“(A) The Assistant Secretary.
“(B) Appropriate senior representatives of each of the following:
“(i) The Under Secretary of Defense for Research and Engineering.
“(ii) The Under Secretary of Defense for Acquisition and Sustainment.
“(iii) The Under Secretary of Defense (Comptroller).
“(iv) The Under Secretary of Defense for Personnel and Readiness.
“(v) The Under Secretary of Defense for Intelligence.
“(vi) The General Counsel of the Department of Defense.
“(vii) The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy.
“(viii) The military departments.
“(ix) The Joint Staff.
“(x) The United States Special Operations Command.
“(xi) Such other officers or Agencies, elements, or components of the Department of Defense as the Secretary of Defense considers appropriate.
“(4) Operation.—The Council shall operate continuously.”
“139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council.”.
“(6) One of the Assistant Secretaries is the Assistant Secretary of Defense for Industrial Base Policy. The Assistant Secretary shall—
“(A) advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies; and
“(B) perform other duties as directed by the Under Secretary.”
“(7) One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The principal duty of the Assistant Secretary shall be the overall supervision of matters relating to energy, installations, and the environment for the Department of Defense.”
Ҥ 146. Office of Local Defense Community Cooperation
“(a) In General.—There is in the Office of the Secretary of Defense an office to be known as the Office of Local Defense Community Cooperation (in this section referred to as the ‘Office’).
“(b) Director.—The Office shall be headed by the Director of the Office of Local Defense Community Cooperation, who shall be appointed by the Under Secretary of Defense for Acquisition and Sustainment from among civilian employees of the Federal Government or private individuals who have the following:
“(1) Experience in the interagency in the Executive Branch.
“(2) Experience in the administration and management of Federal grants programs.
“(c) Duties.—The Office shall—
“(1) serve as the office in the Department of Defense with primary responsibility for—
“(A) providing assistance to States, counties, municipalities, regions, and other communities to foster cooperation with military installations to enhance the military mission, achieve facility and infrastructure savings and reduced operating costs, address encroachment and compatible land use issues, support military families, and increase military, civilian, and industrial readiness and resiliency; and
“(B) providing adjustment and diversification assistance to State and local governments under section 2391(b) of this title to achieve the objectives described in subparagraph (A);
“(2) coordinate the provision of such assistance with other organizations and elements of the Department;
“(3) provide support to the Economic Adjustment Committee established under Executive Order No. 12788 (57 Fed. Reg. 2213; 10 U.S.C. 2391 note) or any successor to such Committee; and
“(4) carry out such other activities as the Under Secretary of Defense for Acquisition and Sustainment considers appropriate.
“(d) Annual Report to Congress.—Not later than June 1 each year, the Director of the Office of Local Defense Community Cooperation shall submit to the congressional defense committees a report on the activities of the Office during the preceding year, including the assistance provided pursuant to subsection (c)(1) during such year.”
“146. Office of Local Defense Community Cooperation.”.
“(4) Input from vice chief of the national guard bureau.—The Council shall seek, and strongly consider, the views of the Vice Chief of the National Guard Bureau regarding non-Federalized National Guard capabilities in support of homeland defense and civil support missions.”
Ҥ 125a. Reform: improvement of efficacy and efficiency
“(a) In General.—The Secretary of Defense shall take such action as is necessary to reform the Department of Defense to improve the efficacy and efficiency of the Department, and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
“(b) Policy.—The Secretary shall develop a policy and issue guidance to implement reform within the Department and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
“(c) Framework for Reform.—
“(1) In general.—Not later than February 1, 2022, the Secretary shall establish policies, guidance, and a consistent reporting framework to measure the progress of the Department toward covered elements of reform, including by establishing categories of reform, consistent metrics, and a process for prioritization of reform activities.
“(2) Scope.—The framework required by paragraph (1) may address duties under the following:
“(A) Section 125 of this title.
“(B) Section 192 of this title.
“(C) Section 2222 of this title.
“(D) Section 1124 of title 31.
“(E) Section 11319 of title 40.
“(3) Consultation.—The Secretary shall consult with the Deputy Secretary of Defense, the Performance Improvement Officer of the Department of Defense, the Chief Data Officer of the Department of Defense, the Chief Information Officer of the Department of Defense, and the financial managers of the military departments in carrying out activities under this subsection.
“(d) Covered Elements of Reform.—For purposes of this section and the policies, guidance, and reporting framework required by subsection (c), covered elements of reform may include the following:
“(1) Business systems modernization.
“(2) Enterprise business operations process re-engineering.
“(3) Expanded and modernized collection, management, dissemination, and visualization of data to support decision-making at all levels of the enterprise.
“(4) Improvements in workforce training and education and increasing capabilities of the Department workforce to support and execute reform activities and business processes.
“(5) Improvements to decision-making processes to enable cost savings, cost avoidance, or investments to develop process improvements.
“(6) Such other elements as the Secretary considers appropriate.
“(e) Annual Report.—At the same time the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary shall, using the policies, guidance, and reporting framework required by subsection (c), submit to the congressional defense committees a report, including detailed narrative justifications and tradeoff analyses between options, on the actions of the Department as follows:
“(1) The activities, expenditures, and accomplishments carried out or made to effect reform under this section during the fiscal year in which such budget is submitted.
“(2) The proposed activities, expenditures, and accomplishments to effect reform under this section, and consistent with priorities established by the Secretary, during the fiscal year covered by such budget and each of the four succeeding fiscal years.”
“125a. Reform: improvement of efficacy and efficiency.”.
Ҥ 147. Chief Diversity Officer
“(a) Chief Diversity Officer.—
(1) There is a Chief Diversity Officer of the Department of Defense, who shall be appointed by the Secretary of Defense.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion. A person may not be appointed as Chief Diversity Officer within three years after relief from active duty as a commissioned officer of a regular component of an armed force.
“(3) The Chief Diversity Officer shall report directly to the Secretary of Defense in the performance of the duties of the Chief Diversity Officer under this section.
“(b) Duties.—The Chief Diversity Officer—
“(1) is responsible for providing advice on policy, oversight, guidance, and coordination for all matters of the Department of Defense related to diversity and inclusion;
“(2) advises the Secretary of Defense, the Secretaries of the military departments, and the heads of all other elements of the Department with regard to matters of diversity and inclusion;
“(3) shall establish and maintain a Department of Defense strategic plan that publicly states a diversity definition, vision, and goals for the Department;
“(4) shall define a set of strategic metrics that are directly linked to key organizational priorities and goals, actionable, and actively used to implement the strategic plan under paragraph (3);
“(5) shall advise in the establishment of training in diversity dynamics and training in practices for leading diverse groups effectively;
“(6) shall advise in the establishment of a strategic plan for diverse participation by institutions of higher education (including historically black colleges and universities and minority-serving institutions), federally funded research and development centers, and individuals in defense-related research, development, test, and evaluation activities;
“(7) shall advise in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented demographic groups;
“(8) shall coordinate with, and be supported by, the Office of People Analytics on studies, assessments, and related work relevant to diversity and inclusion; and
“(9) shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.”
“147. Chief Diversity Officer.”.
Ҥ 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.
Ҥ 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.”
“9083. Office of the Chief of Space Operations: function; composition.
“9084. Office of the Chief of Space Operations: general duties.”.
“(b) Composition.—The Space Force consists of—
“(1) the Regular Space Force;
“(2) all persons appointed or enlisted in, or conscripted into, the Space Force, including those not assigned to units, necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency; and
“(3) all Space Force units and other Space Force organizations, including installations and supporting and auxiliary combat, training, administrative, and logistic elements.”
“(c) Functions.—The Space Force shall be organized, trained, and equipped to—
“(1) provide freedom of operation for the United States in, from, and to space;
“(2) conduct space operations; and
“(3) protect the interests of the United States in space.”
; and
“(3) The President may appoint an officer as Chief of Space Operations only if—
“(A) the officer has had significant experience in joint duty assignments; and
“(B) such experience includes at least one full tour of duty in a joint duty assignment (as defined in section 664(d) of this title) as a general, flag, or equivalent officer of the Space Force.
“(4) The President may waive paragraph (3) in the case of an officer if the President determines such action is necessary in the national interest.”
“(5) perform duties prescribed for the Chief of Space Operations by sections 171 and 2547 of this title and other provision of law; and”
Ҥ 9085. Regular Space Force: composition
“(a) In General.—The Regular Space Force is the component of the Space Force that consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of retired members of the Regular Space Force.
“(b) Composition.—The Regular Space Force includes—
“(1) the officers and enlisted members of the Regular Space Force; and
“(2) the retired officers and enlisted members of the Regular Space Force.”
“9085. Regular Space Force: composition.”.
“Subtitle D— Air Force and Space Force”
.
“D. Air Force and Space Force 9011”.
“(4) The Inspector General of the Department of the Air Force.”
“(5) The Chief of Space Operations.”
“§ 9132. Regular Air Force and Regular Space Force: gender-free basis for acceptance of original enlistments”
“9132. Regular Air Force and Regular Space Force: gender-free basis for acceptance of original enlistments.”.
“§ 9132. Regular Air Force and Regular Space Force: reenlistment after service as an officer”
“9138. Regular Air Force and Regular Space Force: reenlistment after service as an officer.”.
“CHAPTER 915— APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR SPACE FORCE”
.
“915. Appointments in the Regular Air Force and the Regular Space Force 9151”.
“§ 9324. Forty years or more: Air Force officers and Space Force officers”
“9324. Forty years or more: Air Force officers and Space Force officers.”.
“§ 9401. Members of Air Force and Space Force: detail as students, observers and investigators at educational institutions, industrial plants, and hospitals”
“9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.”.
“§ 9402. Enlisted members Air Force or Space Force: schools”
“9402. Enlisted members of Air Force or Space Force: schools.”.
“§ 9594. Department of the Air Force Military History Institute: fee for providing historical information to the public”
“9594. Department of the Air Force Military History Institute: fee for providing historical information to the public.”.
“§ 9625. Ordnance property: officers of the armed forces; civilian employees of the Department of the Air Force; American National Red Cross; educational institutions; homes for veterans’ orphans”
“9625. Ordnance property: officers of the armed forces; civilian employees of the Department of the Air Force; American National Red Cross; educational institutions; homes for veterans’ orphans.”.
“§ 9771. Acceptance of donations: land for mobilization, training, supply base, aviation field, or space mission-related facility”
“9771. Acceptance of donations: land for mobilization, training, supply base, aviation field, or space mission-related facility.”.
“§ 9773. Acquisition and construction: installations and depots”
“9773. Acquisition and construction: installations and depots.”.
“§ 747. Command: when different commands of Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join”
“747. Command: when different commands of Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join.”.
“(17) the Chief of Space Operations.”
“(F) A Space Force officer in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy.”
“(5) The Chief of Space Operations.”
“§ 743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant of the Marine Corps; Chief of Space Operations”
“743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant of the Marine Corps; Chief of Space Operations.”.
“(v) Chief of Space Operations.”
; and
“(v) The senior enlisted advisor of the Space Force.”
“§ 8802. Sales: members of Army, Air Force, and Space Force; prices”
“8802. Sales: members of Army, Air Force, and Space Force; prices.”.
“(2) For the purpose of computing their basic pay, commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph (1) by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force.”
“(5) The senior enlisted advisor of the Space Force.”
“§ 701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons”
“701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons.”.
“§ 803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls”
“803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls.”.
“§ 1005. Army, Air Force, and Space Force: prompt payments required”
“1005. Army, Air Force, and Space Force: prompt payments required.”.
“(E) the Space Force Reserve;”
“(C) the authority of the Secretary of Defense with respect to the Air Force, members of the Air Force, or civilian employees of the Air Force may be exercised by the Secretary with respect to the Space Force, members of the Space Force, or civilian employees of the Space Force; and
“(D) the authority of the Secretary of the Air Force with respect to the Air Force, members of the Air Force, or civilian employees of the Air Force may be exercised by the Secretary with respect to the Space Force, members of the Space Force, or civilian employees of the Space Force.”
“(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.
“(4) Any other matters the Secretary of Defense or the Secretary of a military department determines are relevant.”
“(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.”
“(xiii) An description of the incentives available pursuant to the guidance required by section 1004(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including a detailed explanation of how such incentives were provided during the fiscal year covered by the report.”
“(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.”
Ҥ 240i. Annual report on unfunded priorities
“(a) In General.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Under Secretary of Defense (Comptroller) shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to audit readiness and remediation.
“(b) Elements.—
(1) Each report under subsection (a) shall include, for each unfunded priority covered by such report, the following:
“(A) A summary description of such priority, including the objectives to be achieved if such priority were to be funded (whether in whole or in part).
“(B) The additional amount of funds recommended in connection with the objectives identified under subparagraph (A).
“(C) Account information with respect to such priority, including, as applicable, the following:
“(i) Line item number, in the case of applicable procurement accounts.
“(ii) Program element number, in the case of applicable research, development, test, and evaluation accounts.
“(iii) Sub-activity group, in the case of applicable operation and maintenance accounts.
“(2) The Under Secretary shall ensure that the unfunded priorities covered by a report under subsection (a) are listed in the order of urgency of priority, as determined by the Under Secretary.
“(c) Unfunded Priority Defined.—In this section, the term ‘unfunded priority’, with respect to a fiscal year, means an activity related to an audit readiness or remediation effort stemming from a relevant requirement under the Chief Financial Officer Act (Public Law 101–576), chapter 9 of title 31, or this chapter that—
“(1) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31;
“(2) is necessary to address a shortfall in an audit readiness or remediation activity; and
“(3) would have been recommended for funding through the budget referred to in paragraph (1) if—
“(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
“(B) the program, activity, or mission requirement had emerged before the budget was formulated.”
“240i. Annual report on unfunded priorities.”.
“(7) The Chief of the National Guard Bureau in the role assigned to that position in section 10502(c)(1) of this title.”
; and
“(3) National guard unfunded priorities.—
“(A) In general.—The officer specified under subsection (b)(6) shall only include in a report submitted under subsection (a) such priorities that—
“(i) relate to equipping requirements in support of non-federalized National Guard responsibilities for the homeland defense or civil support missions; and
“(ii) except as provided in subparagraph (B), were not included in a report under this section submitted by an officer specified in subsection (b)(1) or (3) for any of five fiscal years preceding the fiscal year for which the report is submitted, on behalf of National Guard forces to address a warfighting requirement.
“(B) Exception.—The officer specified under subsection (b)(6) may include in a report submitted under subsection (a) an unfunded priority covered by subparagraph (A)(ii) if the Secretary of Defense—
“(i) determines that the inclusion such unfunded priority reasonably supports the priorities of the Department under the national defense strategy under section 113(g) of this title; and
“(ii) submits to the congressional defense committees written notice of such determination.”
“(3) Quarterly reports.—
“(A) In general.—Not less frequently than once each quarter, the Secretary shall submit to the appropriate committees of Congress a report on Department of Defense support provided under subsection (b) during the quarter preceding the quarter during which the report is submitted. Each such report shall be submitted in written and electronic form and shall include—
“(i) an identification of each recipient of such support;
“(ii) a description of the support provided and anticipated duration of such support; and
“(iii) a description of the sources and amounts of funds used to provide such support;
“(B) Appropriate committees of congress.—Notwithstanding subsection (i)(1), for purposes of a report under this paragraph, the appropriate committees of Congress are—
“(i) the Committees on Armed Services of the Senate and House of Representatives; and
“(ii) any committee with jurisdiction over the department or agency that receives support covered by the report.”
“(A) advance procurement of high value, long lead time items for nuclear powered vessels to better support construction schedules and achieve cost savings through schedule reductions and properly phased installment payments; and
“(B) construction of the first two Columbia class submarines.”
Ҥ 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.”
“2631. Preference for United States vessels in transporting supplies by sea.”.
“55123. Priority loading for coal.”.
“subchapter i— government impelled transportation”.
“(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.”
“(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.”
Ҥ 8692. Biennial report on shipbuilder training and the defense industrial base
“Not later than February 1 of each even-numbered year until 2026, the Secretary of the Navy, in coordination with the Secretary of Labor, shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives a report on shipbuilder training and hiring requirements necessary to achieve the Navy’s 30-year shipbuilding plan and to maintain the shipbuilding readiness of the defense industrial base. 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 most recent 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.”
“8692. Biennial report on shipbuilder training and the defense industrial base.”.
“(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 the authority in this section is consistent with the national security of the United States.”
“(G) A description of the entities with which the recipients of support are engaged in hostilities and whether each such entity is covered under an authorization for use of military force.
“(H) A description of the steps taken to ensure the support is consistent with United States national security objectives.
“(I) A description of the steps taken to ensure that the recipients of support have not engaged in human rights violations.”
“(e) Notification of Suspension or Termination of Support.—
“(1) In general.—Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual under the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination.
“(2) Elements.—Notice provided under paragraph (1) with respect to the suspension or termination of support shall include each of the following elements:
“(A) A description of the reasons for the suspension or termination of such support.
“(B) A description of any effects on regional, theatre, or global campaign plan objectives anticipated to result from the suspension or termination of such support.
“(C) A plan for the suspension or termination of the support, and, in the case of support that is planned to be transitioned to another program of the Department of Defense or another Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.”
; and
“(g) Construction of Authority.—Nothing in this section may be construed to constitute authority to conduct or provide statutory authorization for any of the following:
“(1) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(2) An introduction of the armed forces, (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c)), into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
“(3) Activities or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.”
Ҥ 127f. Expenditure of funds for clandestine activities that support operational preparation of the environment
“(a) Authority.—Subject to subsections (b) through (d), the Secretary of Defense may expend up to $15,000,000 in any fiscal year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations of a confidential nature. Such a determination is final and conclusive upon the accounting officers of the United States. The Secretary may certify the amount of any such expenditure authorized by the Secretary that the Secretary considers advisable not to specify, and the Secretary’s certificate is sufficient voucher for the expenditure of that amount.
“(b) Funds.—Funds for expenditures under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for operation and maintenance, Defense-wide.
“(c) Limitation on Delegation.—The Secretary of Defense may not delegate the authority under this section with respect to any expenditure in excess of $250,000.
“(d) Exclusion of Intelligence Activities.—
(1) This section does not constitute authority to conduct, or expend funds for, intelligence, counterintelligence, or intelligence-related activities.
“(2) In this subsection, the terms ‘intelligence’ and ‘counterintelligence’ have the meaning given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
“(e) Annual Report.—Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each report shall include, for each expenditure under this section during the fiscal year covered by such report—
“(1) the amount and date of such expenditure;
“(2) a detailed description of the purpose for which such expenditure was made;
“(3) an explanation why other authorities available to the Department of Defense could not be used for such expenditure; and
“(4) any other matters the Secretary considers appropriate.”
“127f. Expenditure of funds for clandestine activities that support operational preparation of the environment.”.
“(d) Preference for Certain Transfers.—In considering applications for the transfer of personal property under this section, the Secretary shall give a preference to applications indicating that the transferred property will be used in the counterdrug, counterterrorism, disaster-related emergency preparedness, or border security activities of the recipient agency. Applications that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference.”
“(e) Property Not Transferrable.—The Secretary may not transfer to a Tribal, State, or local law enforcement agency under this section the following:
“(1) Bayonets.
“(2) Grenades (other than stun and flash-bang grenades).
“(3) Weaponized tracked combat vehicles.
“(4) Weaponized drones.”
“(f) A nuclear powered aircraft carrier may not be retired before its first refueling.”
“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, technology development, resources, education, and communication; and
“(B) accepting, planning, and executing oceanographic research projects funded by grants, contracts, cooperative agreements, or other vehicles as appropriate, that contribute to assuring national security, advancing economic development, protecting quality of life, ensuring environmental stewardship, and strengthening science education and communication through improved knowledge of the ocean.”
“(a) Committee.—There is established an Ocean Policy Committee (hereinafter referred to as the ‘Committee’). The Committee shall retain broad and inclusive membership.
“(b) Responsibilities.—The Committee shall—
“(1) continue the activities of that Committee as it was in existence on the day before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021;
“(2) engage and collaborate, pursuant to existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
“(3) facilitate coordination and integration of Federal activities in ocean and coastal waters to inform ocean policy and identify priority ocean research, technology, and data needs; and
“(4) prescribe policies and procedures to implement the National Oceanographic Partnership Program, including developing guidelines for review, selection, identification, and approval of partnership projects, in conjunction with Federal agencies participating in the program, for implementation under the program, based on—
“(A) whether the project addresses important research objectives or operational goals;
“(B) whether the project has, or is designed to have, appropriate participation or support from public, academic, commercial, and private entities within the oceanographic community;
“(C) whether the partners have a long-term commitment to the objectives of the project;
“(D) whether the resources supporting the project are shared among the partners;
“(E) whether the project has been subjected to adequate scientific and technical merit review according to each participating agency; and
“(F) the approval of such guidelines by a consensus of the members of the Committee.
“(c) Delegation of Responsibilities.—In discharging its responsibilities in support of agreed-upon scientific needs, and to assist in the execution of the responsibilities described in subsection (b), the Committee may delegate responsibilities to a subcommittee of the Committee, as the Committee determines appropriate.
“(d) Annual Report and Briefing.—
(1) Not later than March 1 of each year, the Committee shall—
“(A) make publicly available on an appropriate website a report on the National Oceanographic Partnership Program; and
“(B) provide to the appropriate congressional committees a briefing on the contents of the report.
“(2) Not later than 30 days after providing a briefing under paragraph (1)(B), the Committee shall make publicly available on an appropriate website the briefing materials covered by the briefing.
“(3) Each report and briefing shall include the following:
“(A) A description of activities of the National Oceanographic Partnership Program carried out during the fiscal year preceding the fiscal year during which the report is published.
“(B) A general outline of the activities planned for the program during the fiscal year during which the report is published.
“(C) A summary of projects, partnerships, and collaborations, including the Federal and non-Federal sources of funding, continued from the fiscal year preceding the fiscal year during which the report is published and projects expected to begin during the fiscal year during which the report is published and any subsequent fiscal year, as required under subsection (e)(4)(C).
“(D) The amounts requested in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year during which the report is published, for the programs, projects, activities and the estimated expenditures under such programs, projects, and activities, to execute the National Oceanographic Partnership Program.
“(E) A summary of national ocean research priorities informed by the Ocean Research Advisory Panel, as required under section 8933(b)(4) of this title.
“(F) A list of the members of the Ocean Research Advisory Panel established under section 8933(a) of this title and any working groups described in subsection (e)(4)(A) in existence during the fiscal years covered by the report.
“(e) Partnership Program Office.—
(1) The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administration shall jointly establish a partnership program office for the National Oceanographic Partnership Program.
“(2) The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administration shall use competitive procedures to select a non-Government entity to manage the partnership program office.
“(3) The Committee shall monitor the management of the partnership program office.
“(4) The partnership program office shall perform the following duties:
“(A) Supporting working groups established by the Committee or subcommittee and reporting to the Committee and to any Federal agency that has contributed amounts to the National Oceanographic Partnership Program on the activities of such working groups, including the proposals of such working groups for partnership projects.
“(B) Supporting the process for proposing partnership projects to the Committee and to the agencies referred to in subparagraph (A), including, where appropriate, managing review of such projects.
“(C) Submitting to the appropriate congressional committees, and making publicly available, an annual report on the status of all partnership projects, including the Federal and non-Federal sources of funding for each project, and activities of the office.
“(D) Performing such additional duties for the administration of the National Oceanographic Partnership Program that the Committee and the agencies referred to in subparagraph (A) consider appropriate.”
“(h) Appropriate Congressional Committees.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Commerce, Science, and Transportation of the Senate;
“(2) the Committee on Armed Services of the Senate;
“(3) the Committee on Appropriations of the Senate;
“(4) the Committee on Natural Resources of the House of Representatives;
“(5) the Committee on Science, Space, and Technology of the House of Representatives;
“(6) the Committee on Armed Services of the House of Representatives; and
“(7) the Committee on Appropriations of the House of Representatives.”
“§ 8932. Ocean Policy Committee”
“8932. Ocean Policy Committee.”.
Ҥ 8933. Ocean Research Advisory Panel
“(a) Establishment.—
(1) The Ocean Policy Committee shall establish an Ocean Research Advisory Panel (in this section referred to as the ‘Advisory Panel’). The Advisory Panel shall consist of not fewer than 10 and not more than 18 members appointed by the co-chairs of the Committee, including each of the following:
“(A) Three members who represent the National Academies of Sciences, Engineering, and Medicine.
“(B) Members selected from among individuals who represent the views of ocean industries, State, tribal, territorial or local governments, academia, and such other views as the co-chairs consider appropriate.
“(C) Members selected from among individuals eminent in the fields of marine science, marine technology, and marine policy, or related fields.
“(2) The Committee shall ensure that an appropriate balance of academic, scientific, industry, and geographical interests and gender and racial diversity are represented by the members of the Advisory Panel.
“(b) Responsibilities.—The Committee shall assign the following responsibilities to the Advisory Panel:
“(1) To advise the Committee on policies and procedures to implement the National Oceanographic Partnership Program.
“(2) To advise the Committee on matters relating to national oceanographic science, engineering, facilities, or resource requirements.
“(3) To advise the Committee on improving diversity, equity, and inclusion in the ocean sciences and related fields.
“(4) To advise the Committee on national ocean research priorities.
“(5) Any additional responsibilities that the Committee considers appropriate.
“(c) Meetings.—The Committee shall require the Advisory Panel to meet not less frequently than two times each year.
“(d) Administrative and Technical Support.—The Administrator of the National Oceanic and Atmospheric Administration shall provide to the Advisory Panel such administrative and technical support as the Advisory Panel may require.
“(e) Termination.—Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall terminate on January 1, 2040.”
“(a) Authority.—
“(1) Provision of assistance.—
“(A) In general.—The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section.
“(B) Requirements.—If the Secretary provides assistance under subparagraph (A), the Secretary shall ensure that the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirements.
“(2) Notification requirement.—Not later than 7 days after the date on which the Secretary approves a request for assistance from the Department of Homeland Security under paragraph (1), the Secretary shall electronically transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives notice of such approval.”
“(f) Reports.—
“(1) Report required.—At the end of each three-month period during which assistance is provided under subsection (a), the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall submit to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives a report that includes, for the period covered by the report, each of the following:
“(A) A description of the assistance provided.
“(B) A description of the Armed Forces, including the reserve components, deployed as part of such assistance, including an identification of—
“(i) the members of the Armed Forces, including members of the reserve components, deployed, including specific information about unit designation, size of unit, and whether any personnel in the unit deployed under section 12302 of title 10, United States Code;
“(ii) the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment;
“(iii) any specific pre-deployment training provided for such members of the Armed Forces, including members of the reserve components;
“(iv) the specific missions and tasks, by location, that are assigned to the members of the Armed Forces, including members of the reserve components, who are so deployed; and
“(v) the locations where units so deployed are conducting their assigned mission, together with a map showing such locations.
“(C) A description of any effects of such deployment on military training, operations, readiness, or other military requirements.
“(D) The sources and amounts of funds obligated or expended—
“(i) during the period covered by the report; and
“(ii) during the total period for which such support has been provided.
“(2) Form of report.—Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.”
Ҥ 723. Support of Federal authorities in response to civil disturbances: requirement for use of members of the Armed Forces and Federal law enforcement personnel
“(a) Requirement.—Whenever a member of the armed forces (including the National Guard) or Federal law enforcement personnel provide support to Federal authorities to respond to a civil disturbance, each individual employed in the capacity of providing such support shall visibly display—
“(1) the individual’s name or other individual identifier that is unique to that individual; and
“(2) the name of the armed force, Federal entity, or other organization by which such individual is employed.
“(b) Exception.—The requirement under subsection (a) shall not apply to individuals referred to in such subsection who—
“(1) do not wear a uniform or other distinguishing clothing or equipment in the regular performance of their official duties; or
“(2) are engaged in undercover operations in the regular performance of their official duties.”
“723. Support of Federal authorities in response to civil disturbances: requirement for use of members of the Armed Forces and Federal law enforcement personnel.”.
“19. Cyber Matters 391.”.
“113. Defense Civilian Training Corps 2200g.”.
“140. Procurement of Commercial Products and Commercial Services 2375.”.
“837. 37. Command influence.”.
“1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.”.
“1142. Preseparation counseling; transmittal of certain records to Department of Veterans Affairs.”.
“1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and responsibilities.”.
“2417. Administrative and other costs.”.
“2568a. Damaged personal protective equipment: award to members separating from the Armed Forces and veterans.”.
“(8) Section 2321(f) is amended by striking ‘commercial items’ and inserting ‘commercial products’.”
“(C) shall contain language ensuring that such employee of the Department does not improperly use information that such employee knows relates to a Department acquisition or procurement for the benefit or advantage of the private-sector organization.”
; and
“(4) may not perform work that is considered inherently governmental in nature; and”
“(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the District of Columbia courts, the Joint Committee on Judicial Administration shall, notwithstanding any provision of such Act, establish a paid parental leave program for the leave described in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or a placement of a child for adoption or foster care). In developing the terms and conditions for this program, the Joint Committee may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.”
“(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.”
“(5) Paid parental leave.—The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum, consistent with the paid parental leave benefits provided under section 6382 of title 5.”
“(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 for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.”
“(3) Exception.—Notwithstanding section 401(b)(2), the requirements of paragraph (2)(B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).”
“(c) Special Rules for Substitution of Paid Leave.—
“(1) Substitution of paid leave.—A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose.
“(2) Available leave.—The paid leave that is available to a covered employee for purposes of paragraph (1) is leave of the type and in the amount available to an employee under section 6382(d)(2)(B) of title 5, United States Code, for substitution for leave without pay under subparagraph (A) or (B) of section 6382(a)(1) of such title.
“(3) Consistency with title 5.—Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in section 6382(d)(2) of title 5, United States Code, except that a reference in that section to an employing agency shall be considered to be a reference to an employing office, and subparagraph (E) of that section shall not apply.”
“(C) except that the President or designee shall issue regulations to implement subsection (c) in accordance with the requirements of that subsection.”
; and
“(v) an employee of the Veterans Health Administration who is covered by a leave system established under section 7421 of title 38;”
“(B) has completed at least 12 months of service as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c);”
; and
Ҥ 1492. Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas
“(a) Authority.—A covered official may treat a covered relative of a covered employee under the jurisdiction of that covered official in the same manner the Secretary of a military department treats, under section 481f(d) of title 37, next of kin and family members of a member of the armed forces who dies while located or serving overseas.
“(b) Definitions.—In this section:
“(1) The term ‘covered employee’ means a civilian employee—
“(A) under the jurisdiction of a covered official; and
“(B) who dies while located or serving overseas.
“(2) The term ‘covered official’ means—
“(A) the Secretary of the military department concerned; and
“(B) the head of a Defense Agency or Department of Defense Field Activity.
“(3) The term ‘covered relative’ means—
“(A) the primary next of kin of the covered employee;
“(B) two family members (other than primary next of kin) of the covered employee; and
“(C) one or more additional family members of the covered employee, at the discretion of the Secretary a sibling of the covered employee.”
“1492. Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas.”.
“(6) The Defense Security Cooperation University.
“(7) The Defense Institute for Security Governance.”
“(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
“5711. Authority for telework travel expenses programs.”.
Ҥ 1701b. Enhanced pay authority for certain acquisition and technology positions
“(a) In General.—The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.
“(b) Approval Required.—The program may be carried out only with approval as follows:
“(1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense.
“(2) Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department.
“(c) Positions.—The positions described in this subsection are positions that—
“(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
“(2) are critical to the successful accomplishment of an important acquisition or technology development mission.
“(d) Rate of Basic Pay.—The pay authority specified in this subsection is authority as follows:
“(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition executive concerned, as applicable.
“(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense.
“(e) Limitations.—
“(1) In general.—The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
“(2) Number of positions.—The authority in subsection (a) may not be used with respect to more than five positions in the Office of the Secretary of Defense and more than five positions in each military department at any one time.
“(3) Term of positions.—The authority in subsection (a) may be used only for positions having terms less than five years.”
“1701b. Enhanced pay authority for certain acquisition and technology positions.”.
Ҥ 2358c. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories
“(a) In General.—The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense.
“(b) Approval Required.—The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned.
“(c) Positions.—The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense that—
“(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
“(2) are critical to the successful accomplishment of an important research or technology development mission.
“(d) Rate of Basic Pay.—The pay authority specified in this subsection is authority as follows:
“(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the service acquisition executive concerned.
“(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of the military department concerned.
“(e) Limitations.—
“(1) In general.—The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
“(2) Number of positions.—The authority in subsection (a) may not be used with respect to more than five positions in each military department at any one time.
“(3) Term of positions.—The authority in subsection (a) may be used only for positions having a term of less than five years.
“(f) Science and Technology Reinvention Laboratories of the Department of Defense Defined.—In this section, the term ‘science and technology reinvention laboratories of the Department of Defense’ means the laboratories designated as science and technology reinvention laboratories by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note).”
“2358c. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.”.
“(11) Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of chapter 169 of title 10.”
Ҥ 1599i. Recruitment incentives for placement at remote locations
“(a) Recruitment Incentive.—
“(1) In general.—An individual appointed to a position in the Department of Defense at a covered location may be paid a recruitment incentive in connection with such appointment.
“(2) Amount.—The amount of a recruitment incentive payable to an individual under this subsection may not exceed the amount equal to—
“(A) 25 percent of the annual rate of basic pay of the employee for the position concerned as of the date on which the service period in such position agreed to by the individual under paragraph (3) commences; multiplied by
“(B) the number of years (including fractions of a year) of such service period (not to exceed four years).
“(3) Service agreement.—To receive a recruitment incentive under this subsection, an individual appointed to a position under paragraph (1) shall enter into an agreement with the Secretary of Defense to complete a period of service at the covered location. The period of obligated service of the individual at such location under the agreement may not exceed four years. The agreement shall include such repayment or alternative employment obligations as the Secretary considers appropriate for failure of the individual to complete the period of obligated service specified in the agreement.
“(4) Covered locations defined.—In this section, a covered location is a location for which the Secretary of Defense has determined that critical hiring needs are not being met due to the geographic remoteness or isolation or extreme climate conditions of the location.
“(b) Sunset.—Effective on September 30, 2022, the authority provided under subsection (a) shall expire.”
“1599i. Recruitment incentives for placement at remote locations.”.
“(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
“(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).”
“(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).”
“(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
“(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. 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.”
“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.”
“Sec. 207. Complaint tracking.
“Sec. 208. Notation in personnel record.”; and
“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.”.
“(A) does not”
“(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”
“(7) Air domain awareness operations.”
; and
“(9) Cyberspace security and defensive cyberspace operations.”
Ҥ 2350m. Participation in European program on multilateral exchange of surface transportation services
“(a) Participation Authorized.—
“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in the Surface Exchange of Services program (in this section referred to as the ‘SEOS program’) of the Movement Coordination Centre Europe.
“(2) Scope of participation.—Participation of the Department of Defense in the SEOS program under paragraph (1) may include—
“(A) the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacement-in-kind; and
“(B) the exchange of surface transportation services of an equal value.
“(b) Written Arrangement or Agreement.—
“(1) In general.—Participation of the Department of Defense in the SEOS program shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the Movement Coordination Centre Europe.
“(2) Notification.—The Secretary of Defense shall provide to the congressional defense committees notification of any arrangement or agreement entered into under paragraph (1).
“(3) Funding arrangements.—If Department of Defense facilities, equipment, or funds are used to support the SEOS program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement.
“(4) Other elements.—Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits or liability resulting from an unequal exchange or transfer of surface transportation services shall be liquidated through the SEOS program not less than once every five years.
“(c) Implementation.—In carrying out any arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
“(1) pay the equitable share of the Department of Defense for the operating expenses of the Movement Coordination Centre Europe and the SEOS program from funds available to the Department of Defense for operation and maintenance; and
“(2) assign members of the armed forces or Department of Defense civilian personnel, within billets authorized for the United States European Command, to duty at the Movement Coordination Centre Europe as necessary to fulfill Department of Defense obligations under that arrangement or agreement.
“(d) Crediting of Receipts.—Any amount received by the Department of Defense as part of the SEOS program shall be credited, at the option of the Secretary of Defense, to—
“(1) the appropriation, fund, or account used in incurring the obligation for which such amount is received; or
“(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
“(e) Annual Report.—
“(1) In general.—Not later than 30 days after the end of each fiscal year in which the authority under this section is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense participation in the SEOS program during such fiscal year.
“(2) Elements.—Each report required by paragraph (1) shall include the following:
“(A) A description of the equitable share of the costs and activities of the SEOS program paid by the Department of Defense.
“(B) A description of any amount received by the Department of Defense as part of such program, including the country from which the amount was received.
“(f) Limitation on Statutory Construction.—Nothing in this section may be construed to authorize the use of foreign sealift in violation of section 2631.”
“2350m. Participation in European program on multilateral exchange of surface transportation services.”.
Ҥ 2350o. Participation in programs relating to coordination or exchange of air refueling and air transportation services
“(a) Participation Authorized.—
“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in programs relating to the coordination or exchange of air refueling and air transportation services, including in the arrangement known as the Air Transport and Air-to-Air Refueling and other Exchanges of Services program (in this section referred to as the ‘ATARES program’).
“(2) Scope of participation.—Participation of the Department of Defense in programs referred to in paragraph (1) may include—
“(A) the reciprocal exchange or transfer of air refueling and air transportation services on a reimbursable basis or by replacement-in-kind; and
“(B) the exchange of air refueling and air transportation services of an equal value.
“(3) Limitations with respect to participation in atares program.—
“(A) In general.—The Department of Defense balance of executed flight hours in participation in the ATARES program under paragraph (1), whether as credits or debits, may not exceed a total of 500 hours.
“(B) Air refueling.—The Department of Defense balance of executed flight hours for air refueling in participation in the ATARES program under paragraph (1) may not exceed 200 hours.
“(b) Written Arrangement or Agreement.—Participation of the Department of Defense in a program referred to in subsection (a)(1) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.
“(c) Implementation.—In carrying out any arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
“(1) pay the equitable share of the Department of Defense for the recurring and nonrecurring costs of the applicable program referred to in subsection (a)(1) from funds available to the Department for operation and maintenance; and
“(2) assign members of the armed forces or Department of Defense civilian personnel to fulfill Department obligations under that arrangement or agreement.”
“2350o. Participation in programs relating to coordination or exchange of air refueling and air transportation services.”.
Ҥ 2350p. Reciprocal patient movement agreements
“(a) Authority.—Subject to the availability of appropriations, the Secretary of Defense, with the concurrence of the Secretary of State, may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of partner countries that provides for—
“(1) the interchangeable, nonreimbursable use of patient movement personnel, either individually or as members of a patient movement crew or team, and equipment, belonging to one partner country to perform patient movement services aboard the aircraft, vessels, or vehicles of another partner country;
“(2) the reciprocal recognition and acceptance of —
“(A) national professional credentials, certifications, and licenses of patient movement personnel; and
“(B) national certifications, approvals, and licenses of equipment used in the provision of patient movement services; and
“(3) the acceptance of agreed-upon standards for the provision of patient movement services by aircraft, vessel, or vehicle, including, as determined to be beneficial and otherwise permitted by law, the harmonization of patient treatment standards and procedures.
“(b) Certification.—
(1) Before entering into a memorandum of understanding or other formal agreement with the government of a partner country under this section, the Secretary of Defense shall certify in writing that the professional credentials, certifications, licenses, and approvals for patient movement personnel and patient movement equipment of the partner country—
“(A) meet or exceed the equivalent standards of the United States for similar personnel and equipment; and
“(B) will provide for a level of care comparable to, or better than, the level of care provided by the Department of Defense.
“(2) A certification under paragraph (1) shall be—
“(A) submitted to the appropriate committees of Congress not later than 15 days after the date on which the Secretary of Defense makes the certification; and
“(B) reviewed and recertified by the Secretary of Defense not less frequently than annually.
“(c) Suspension.—If the Secretary of Defense is unable to recertify a partner country as required by subsection (b)(2)(B), use of the personnel or equipment of the partner country by the Department of Defense under a memorandum of understanding or other formal agreement concluded pursuant to subsection (a) shall be suspended until the date on which the Secretary of Defense is able to recertify the partner country.
“(d) Definitions.—In this section:
“(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—
“(A) the congressional defense committees; and
“(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
“(2) Partner country.—The term ‘partner country’ means any of the following:
“(A) A member country of the North Atlantic Treaty Organization.
“(B) Australia.
“(C) Japan.
“(D) New Zealand.
“(E) The Republic of Korea.
“(F) Any other country designated as a partner country by the Secretary of Defense, with the concurrence of the Secretary of State, for purposes of this section.
“(3) Patient movement.—The term ‘patient movement’ means the act or process of moving wounded, ill, injured, or other persons (including contaminated, contagious, and potentially exposed patients) to obtain medical, surgical, mental health, or dental care or treatment.”
“2350p. Reciprocal patient movement agreements.”.
“(1) members of the North Atlantic Treaty Organization;
“(2) signatories to the Partnership for Peace Framework Documents; or
“(3)
(A) within the United States Africa Command area of responsibility; and
“(B) eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).”
“(1) an entity”
“(2) the European Centre of Excellence for Countering Hybrid Threats, established in 2017 and located in Helsinki, Finland.”
“(e) Notification.—Not later than 30 days before the date on which the Secretary of Defense authorizes participation under subsection (a) in a new multinational center of excellence, the Secretary shall notify the congressional defense committees of such participation.”
“344. Participation in multinational centers of excellence.”.
“(E) A description of steps taken to ensure the support is consistent with other United States national security interests, including issues related to human rights.
“(F) A description of steps taken to ensure that the recipients of the support have not engaged in human rights violations, to include the conduct of periodic reviews as a means to investigate allegations of violations and processes and procedures to modify support in case of credible reports of violations.”
; and
“(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)).”
“(B) An explanation of the reasons for which it is in the national interest of the United States to make the transfer notwithstanding the requirements of subsection (a)(1).”
“(3) Delegation of authority.—The President may delegate the waiver authority provided by this subsection to the Secretary of Defense.”
; and
“(6) A summary of each excessive maritime claim challenged jointly with international partners and allies.”
“(b) Funds Available for Support.—Amounts to provide support under the authority of subsection (a) may be derived only from amounts authorized to be appropriated and available for operation and maintenance, Defense-wide.”
“(E) countries and regions at risk of atrocities, including covered foreign countries, and a description of specific risk factors, at risk groups, likely scenarios in which atrocities would occur, and efforts taken by the Board or relevant Federal agencies to prevent such atrocities; and”
; and
“(d) Covered Foreign Country Defined.—The term ‘covered foreign country’ means a foreign country that is not listed as a priority country under section 505 of the Global Fragility Act of 2019 (22 U.S.C. 9804) but remains among the top 30 most at risk countries for new onset of mass killing, according to the Department of State’s internal assessments, and in consultation with the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate.”
“(a) Authority To Provide Covered Support.—
“(1) In general.—Subject to paragraph (2), the Secretary of Defense”
; and
“(2) Limitation on use of funds.—Amounts authorized to be appropriated or otherwise made available for the Department of Defense by this Act may not be obligated or expended to provide covered support until the date on which the Secretary of Defense submits to the appropriate committees of Congress the report required by subsection (b).”
“(i) Participation in Reconciliation Activities.—Covered support may only be used to support a reconciliation activity that—
“(1) includes the participation of members of the Government of Afghanistan; and
“(2) does not restrict the participation of women.”
“(iii) Any activity involving one or more members of an organization designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or an individual designated as a specially designated global terrorist pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).”
“(b) Quarterly Reports.—
“(1) In general.—Beginning in fiscal year 2021, not later than 45 days after the end of each quarter fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter fiscal year that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the program under subsection (a).”
; and
“(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.”
“(10) Civilian casualties.—
“(A) An analysis of civilian casualties caused by—
“(i) the Afghan National Defense and Security Forces; and
“(ii) the Taliban and other terrorist organizations in Afghanistan.
“(B) A description of current training and advisory efforts to improve the Government of Afghanistan’s capability to minimize civilian casualties and other harm to civilians and civilian infrastructure in compliance with the laws of armed conflict, to include its principles of military necessity, proportionality, and distinction, and any gaps or weaknesses in Afghanistan’s capability to minimize civilian casualties and other such harm.
“(C) An assessment of the progress of implementation of the Government of Afghanistan’s National Civilian Casualty and Mitigation and Prevention Policy.
“(D) An assessment of the Government of Afghanistan’s capacity and mechanisms to assess and investigate reports of civilian casualties.
“(11) District-level stability assessment.—
“(A) In general.—The production of a district-level stability assessment that displays the level of Government of Afghanistan versus insurgent control and influence of districts that the Department of Defense discontinued in 2018, to include district, population, and territorial control data.
“(B) Public availability.—The Secretary of Defense shall make publicly available the assessments and data relating to the assessments described in subparagraph (A).
“(12) Other matters.—Any other matters the Secretary of Defense determines to be relevant.”
“(C) Appropriate congressional committees defined.—In this paragraph, the term ‘appropriate congressional committees’ means—
“(i) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
“(ii) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.”
“(h) Limitation on Availability of Funds.—Of the amount made available for fiscal year 2021 to carry out this section, not more than $15,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate the following:
“(1) A staffing plan to reorganize the Office in a manner similar to that of other security cooperation offices in the region that—
“(A) emphasizes the placement of personnel with regional or security cooperation expertise in key leadership positions;
“(B) closes duplicative or extraneous sections;
“(C) includes the number and type of validated billets funded by the Department of Defense necessary to support the Office; and
“(D) outlines the process and provides a timeline for validating billets funded by the Department of State necessary to support the Office.
“(2) A progress report with respect to the initiation of bilateral engagement with the Government of Iraq with the objective of establishing a joint mechanism for security assistance planning, including a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform.
“(3) A plan to transition the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.”
“(vi) transformation of command and control structures and roles in line with North Atlantic Treaty Organization principles; and
“(vii) improvement of human resources management, including to support career management reforms, enhanced social support to military personnel and their families, and professional military education systems.”
“(5) Lethal assistance.—Of the funds available for fiscal year 2021 pursuant to subsection (f)(6), $75,000,000 shall be available only for lethal assistance described in paragraphs (2), (3), (11), (12), (13), and (14) of subsection (b).”
“(6) For fiscal year 2021, $250,000,000.”
; and
“(13) the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference.”
; and
“(3) Foreign person.—The term ‘foreign person’ means—
“(A) an individual who is not a United States person; or
“(B) a foreign entity.
“(4) Foreign election interference.—The term ‘foreign election interference’ means conduct by a foreign person that—
“(A)
(i) violates Federal criminal, voting rights, or campaign finance law; or
“(ii) is performed by any person acting as an agent of or on behalf of, or in coordination with, a foreign government or criminal enterprise; and
“(B) includes any covert, fraudulent, deceptive, or unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the specific intent to significantly influence voters, undermine public confidence in election processes or institutions, or influence, undermine confidence in, or alter the result or reported result of, a general or primary Federal, State, or local election or caucus, including—
“(i) the campaign of a candidate; or
“(ii) a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum.”
; and
“(iii) provided for those vessels underwriting services or insurance or reinsurance necessary or essential for the completion of such a project;
“(iv) provided services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of, those vessels if the services or facilities are necessary or essential for the completion of such a project; or
“(v) provided services for the testing, inspection, or certification necessary or essential for the completion or operation of the Nord Stream 2 pipeline; and”
; and
“(C) the consultations carried out pursuant to subsection (i) and describes the nature of the consultations and any concerns raised by the government of Norway, Switzerland, the United Kingdom, or any member country of the European Union.”
“(6) Exception for certain governments and governmental entities.—Sanctions under this section shall not apply with respect to—
“(A) the European Union;
“(B) the government of Norway, Switzerland, the United Kingdom, or any member country of the European Union; or
“(C) any entity of the European Union or a government described in subparagraph (B) that is not operating as a business enterprise.”
“(f) National Interest Waiver.—The President may waive the application of sanctions under this section with respect to a person if the President—
“(1) determines that the waiver is in the national interests of the United States; and
“(2) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.”
“(i) Consultations.—Before imposing sanctions under this section, the Secretary of State shall consult with the relevant governments of Norway, Switzerland, the United Kingdom, and member countries of the European Union with respect to the imposition of such sanctions.
“(j) Report on Impact of Sanctions.—Not later than one year after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and annually thereafter until all sanctions imposed under this section have terminated under subsection (h), the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report detailing the impact of the imposition of sanctions under this section that includes information on—
“(1) whether the goals of the sanctions have been met;
“(2) the diplomatic impact of the sanctions, including on relationships with the governments of Norway, Switzerland, the United Kingdom, and member countries of the European Union; and
“(3) the economic impact of the sanctions, including the impact on United States persons.”
“(5) Pipe-laying activities.—The term ‘pipe-laying activities’ means activities that facilitate pipe-laying, including site preparation, trenching, surveying, placing rocks, backfilling, stringing, bending, welding, coating, and lowering of pipe.”
“(e) There is authorized to be appropriated $2,000,000 for fiscal years 2021 through 2023 to finance cooperative projects among the United States, Israel, and developing countries that identify and support local solutions to address sustainability challenges relating to water resources, agriculture, and energy storage, including—
“(1) establishing public-private partnerships;
“(2) supporting the identification, research, development testing, and scaling of innovations that focus on populations that are vulnerable to environmental and resource-scarcity crises, such as subsistence farming communities;
“(3) seed or transition-to-scale funding;
“(4) clear and appropriate branding and marking of United States funded assistance, in accordance with section 641; and
“(5) accelerating demonstrations or applications of local solutions to sustainability challenges, or the further refinement, testing, or implementation of innovations that have previously effectively addressed sustainability challenges.”
“(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2021.”
“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 seeks to ensure that every child has the conditions for healthy growth, nurturing family-based care, development and learning, and protection from violence, exploitation, abuse, and neglect, which may include—
“(A) a health, safe water, sanitation, and hygiene program that serves pregnant women, children younger than 5 years of age, and the parents of such children;
“(B) a nutrition program, combined with stimulating child development activity;
“(C) age appropriate cognitive stimulation, especially for newborns, infants, and toddlers, including an early childhood intervention program for children experiencing at-risk situations, developmental delays, disabilities, and behavioral and mental health conditions;
“(D) an early learning (36 months and younger), preschool, and basic education program for children until they reach 8 years of age or complete primary school; or
“(E) a child protection program, with an emphasis on the promotion of permanent, safe, and nurturing families, rather than placement in residential care or institutions, including for children with disabilities.
“(4) Relevant federal departments and agencies.—The term ‘relevant Federal departments and agencies’ means—
“(A) the Department of State;
“(B) the United States Agency for International Development;
“(C) the Department of the Treasury;
“(D) the Department of Labor;
“(E) the Department of Education;
“(F) the Department of Agriculture;
“(G) the Department of Defense;
“(H) the Department of Health and Human Services, including—
“(i) the Centers for Disease Control and Prevention; and
“(ii) the National Institutes of Health;
“(I) the Millennium Challenge Corporation;
“(J) the Peace Corps; and
“(K) any other department or agency specified by the President for the purposes of this section.
“(5) Residential care.—The term ‘residential care’ means care provided in any non-family-based group setting, including orphanages, transit or interim care centers, children’s homes, children’s villages or cottage complexes, group homes, and 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, and civil society, including faith-based and community-based organizations; and
“(2) to encourage partner countries to lead early childhood development initiatives that include incentives for building local capacity for continued implementation and measurable results, by—
“(A) scaling up the most effective, evidence-based, national interventions, including for the most vulnerable populations and children with disabilities and developmental delays, with a focus on adaptation to country resources, cultures, and languages;
“(B) designing, implementing, monitoring, and evaluating programs in a manner that enhances their quality, transparency, equity, accountability, efficiency and effectiveness in improving child and family outcomes in partner countries; and
“(C) utilizing and expanding innovative public-private financing mechanisms.
“(c) Implementation.—
“(1) In general.—Not later than 1 year after the date of the enactment of this section, the Administrator of the United States Agency for International Development on behalf of the President and in coordination with the Secretary of State, shall direct relevant Federal departments and agencies—
“(A) to incorporate, to the extent practical and relevant, early childhood development into foreign assistance programs to be carried out during the following 5 fiscal years; and
“(B) to promote inclusive early childhood development in partner countries.
“(2) Elements.—In carrying out paragraph (1), the Administrator, the Secretary, and the heads of other relevant Federal departments and agencies as appropriate shall—
“(A) build on the evidence and priorities outlined in ‘Advancing Protection and Care for Children in Adversity: A U.S. Government Strategy for International Assistance 2019–2023’, published in June 2019 (referred to in this section as ‘APCCA’);
“(B) to the extent practicable, identify evidence-based strategic priorities, indicators, outcomes, and targets, particularly emphasizing the most vulnerable populations and children with disabilities and developmental delays, to support inclusive early childhood development;
“(C) support the design, implementation, and evaluation of pilot projects in partner countries, with the goal of taking such projects to scale;
“(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 outside of family care, including 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; and
“(3) the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, and timeframes described in subsection (c) at the program level, along with specific challenges or gaps that may require shifts in targeting or financing in the following fiscal year.
“(e) Interagency Task Force.—The Special Advisor for Assistance to Orphans and Vulnerable Children should establish and regularly convene an Interagency Working Group on Children in Adversity which, among other things, will coordinate—
“(1) intergovernmental and interagency monitoring, evaluation, and reporting of the activities carried out pursuant to this section;
“(2) early childhood development initiatives that include children with a variety of needs and circumstances; and
“(3) United States Government early childhood development programs, strategies, and partnerships across relevant Federal departments and agencies.”
“(A) Coordinate assistance to orphans and other vulnerable children among the relevant Federal agencies and officials.”
; and
Ҥ 7596. Provision of goods and services at Kwajalein Atoll
“(a) Authority.—
(1) Except as provided in paragraph (2), the Secretary of the Army, with the concurrence of the Secretary of State, may provide goods and services, including interatoll transportation, to the Government of the Republic of the Marshall Islands and other eligible patrons, as determined by the Secretary of the Army, at Kwajalein Atoll.
“(2) The Secretary of the Army may not provide goods or services under this section if doing so would be inconsistent, as determined by the Secretary of State, with the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands or any subsidiary agreement or implementing arrangement.
“(b) Reimbursement.—
(1) The Secretary of the Army may collect reimbursement from the Government of the Republic of the Marshall Islands and eligible patrons for the provision of goods or services under subsection (a).
“(2) The amount collected for goods or services under this subsection may not be greater than the total amount of actual costs to the United States for providing the goods or services.
“(c) Necessary Expenses.—Amounts appropriated to the Department of the Army may be used for necessary expenses associated with providing goods and services under this section.
“(d) Regulations.—The Secretary of the Army shall issue regulations to carry out this section.”
“7596. Provision of goods and services at Kwajalein Atoll.”.
“(f) Report on Contributions Received From Designated Countries.—
“(1) In general.—Not later than January 15 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the burden sharing contributions received under this section from designated countries.
“(2) Elements.—Each report required by paragraph (1) shall include the following for the preceding fiscal year:
“(A) A list of all designated countries from which burden sharing contributions were received.
“(B) An explanation of the purpose for which each such burden sharing contribution was provided.
“(C) A description of any written agreement entered into with a designated country under this section, including the date on which the agreement was signed.
“(D) For each designated country—
“(i) the amount provided by the designated country; and
“(ii) the amount of any remaining unobligated balance.
“(E) The amount of such burden sharing contributions expended, by eligible category, including compensation for local national employees, military construction projects, and supplies and services of the Department of Defense.
“(F) Any other matter the Secretary of Defense considers relevant.
“(3) Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
“(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.”
“SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS.
“(a) Initiative Required.—The Secretary of Defense shall, in consultation with other appropriate government organizations, establish an initiative to work with institutions of higher education who perform defense research and engineering activities—
“(1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security;
“(2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; and
“(3) to support efforts toward development of domestic talent in relevant scientific and engineering fields.
“(b) Institutions and Organizations.—The initiative required by subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations.
“(c) Requirements.—The initiative required by subsection (a) shall include development of the following:
“(1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise.
“(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—
“(A) emphasizes best practices for protection of sensitive national security information;
“(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats; and
“(C) includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks to academic institutions and associated personnel posed by technical intelligence gathering activities of near-peer strategic competitors.
“(3) The capacity of Government agencies and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs.
“(4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services.
“(5) Regulations and procedures—
“(A) for Government agencies and academic organizations and personnel to support the goals of the initiative; and
“(B) that are consistent with policies that protect open and scientific exchange in fundamental research.
“(6) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
“(7) Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities.
“(8)
(A) A list of academic institutions of the People’s Republic of China, the Russian Federation, and other countries that—
“(i) have a history of improper technology transfer, intellectual property theft, or cyber or human espionage;
“(ii) operate under the direction of the military forces or intelligence agency of the applicable country;
“(iii) are known—
“(I) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or
“(II) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or
“(iv) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.
“(B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations.
“(9)
(A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering, and Medicine and the appropriate Government agencies, of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary.
“(B) In developing and updating such list, the Secretary shall consider—
“(i) the extent to which a foreign talent program—
“(I) poses a threat to research funded by the Department of Defense; and
“(II) engages in, or facilitates, cyber attacks, theft, espionage, attempts to gain ownership of or influence over companies, or otherwise interferes in the affairs of the United States; and
“(ii) any other factor the Secretary considers appropriate.
“(d) Procedures for Enhanced Information Sharing.—
“(1) Collection of information.—
“(A) Defense research and development activities.—Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary, in conjunction with appropriate public and private entities, shall establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities.
“(B) Fundamental research programs.—With respect to fundamental research programs, the academic liaison designated under subsection (g) shall establish policies and procedures to collect, consistent with the best practices of Government agencies that fund academic research, appropriate information relating to individuals who participate in fundamental research programs.
“(2) Protection from release.—The procedures required by paragraph (1) shall include procedures to protect such information from release, consistent with applicable regulations.
“(3) Reporting to government information systems and repositories.—The procedures required by paragraph (1) may include procedures developed, in coordination with appropriate public and private entities, to report such information to existing Government information systems and repositories.
“(e) Annual Report.—
“(1) In general.—Not later than April 30, 2020, and annually thereafter, the Secretary, acting through appropriate Government officials (including the Under Secretary for Research and Engineering), shall submit to the congressional defense committees a report on the activities carried out under the initiative required by subsection (a).
“(2) Contents.—The report required by paragraph (1) shall include the following:
“(A) A description of the activities conducted and the progress made under the initiative.
“(B) The findings of the Secretary with respect to the initiative.
“(C) Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a), including actions related to foreign talent programs.
“(D) Identification and discussion of the gaps in legal authorities that need to be improved to enhance the security of research institutions of higher education performing defense research.
“(E) A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative.
“(F) Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education.
“(3) Form.—The report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate.
“(f) Publication of Updated Lists.—
“(1) Submittal to congress.—Not later than January 1, 2021, and annually thereafter, the Secretary shall submit to the congressional defense committees the most recently updated lists described in paragraphs (8) and (9) of subsection (c).
“(2) Form.—Each list submitted under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
“(3) Public availability.—Each list submitted under paragraph (1) shall be published on a publicly accessible internet website of the Department of Defense in a searchable format.
“(4) Intervening submittal and publication.—The Secretary may submit and publish an updated list described in paragraph (1) more frequently than required by that paragraph, as the Secretary considers necessary.
“(g) Designation of Academic Liaison.—
“(1) In general.—Not later than 180 days after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary, acting through the Under Secretary of Defense for Research and Engineering, shall designate an academic liaison with principal responsibility for working with the academic and research communities to protect Department-sponsored academic research of concern from undue foreign influence and threats.
“(2) Qualification.—The Secretary shall designate an individual under paragraph (1) who is an official of the Office of the Under Secretary of Defense for Research and Engineering.
“(3) Duties.—The duties of the academic liaison designated under paragraph (1) shall be as follows:
“(A) To serve as the liaison of the Department with the academic and research communities.
“(B) To execute initiatives of the Department related to the protection of Department-sponsored academic research of concern from undue foreign influence and threats, including the initiative required by subsection (a).
“(C) To conduct outreach and education activities for the academic and research communities on undue foreign influence and threats to Department-sponsored academic research of concern.
“(D) To coordinate and align academic security policies with Department component agencies, the Office of Science and Technology Policy, the intelligence community, and appropriate Federal agencies.
“(E) To the extent practicable, to coordinate with the intelligence community to share, not less frequently than annually, with the academic and research communities unclassified information, including counterintelligence information, on threats from undue foreign influence.
“(F) Any other related responsibility, as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering.
“(h) Institution of Higher Education Defined.—The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”
“(4) Passport and visa fees required for foreign travel.”
“SEC. 309A. OPEN TECHNOLOGY FUND.
“(a) Authority.—
“(1) In general.—Grants authorized under section 305 shall be available to make annual grants for the purpose of promoting, consistent with United States law, unrestricted access to uncensored sources of information via the internet to enable journalists, including journalists employed by or affiliated with the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, the Office of Cuba Broadcasting, or any entity funded by or partnering with the United States Agency for Global Media, to create and disseminate, and for their audiences to receive, news and information consistent with the purposes, standards, and principles specified in sections 302 and 303.
“(2) Establishment.—There is established a grantee entity to be known as the ‘Open Technology Fund’, which shall carry out the provisions of this section.
“(b) Functions of the Grantee.—In furtherance of the mission set forth in subsection (a), the Open Technology Fund shall seek to advance freedom of the press and unrestricted access to the internet in repressive environments oversees, and shall—
“(1) research, develop, implement, and maintain—
“(A) technologies that circumvent techniques used by authoritarian governments, nonstate actors, and others to block or censor access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used to limit or block legitimate access to content and information; and
“(B) secure communication tools and other forms of privacy and security technology that facilitate the creation and distribution of news and enable audiences to access media content on censored websites;
“(2) advance internet freedom by supporting private and public sector research, development, implementation, and maintenance of technologies that provide secure and uncensored access to the internet to counter attempts by authoritarian governments, nonstate actors, and others to improperly restrict freedom online;
“(3) research and analyze emerging technical threats and develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage of the United States Government over authoritarian governments, nonstate actors, and others;
“(4) develop, acquire, and distribute requisite internet freedom technologies and techniques for the United States Agency for Global Media, including as set forth in paragraph (1), and digital security interventions, to fully enable the creation and distribution of digital content between and to all users and regional audiences;
“(5) prioritize programs for countries the governments of which restrict freedom of expression on the internet, and that are important to the national interest of the United States, and are consistent with section 7050(b)(2)(C) of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94); and
“(6) carry out any other effort consistent with the purposes of this Act or press freedom overseas if requested or approved by the United States Agency for Global Media.
“(c) Methodology.—In carrying out subsection (b), the Open Technology Fund shall—
“(1) support fully open-source tools, code, and components, to the extent practicable, to ensure such supported tools and technologies are as secure, transparent, and accessible as possible, and require that any such tools, components, code, or technology supported by the Open Technology Fund remain fully open-source, to the extent practicable;
“(2) support technologies that undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefitting from programs supported by the Open Technology Fund;
“(3) review and update periodically as necessary security auditing procedures used by the Open Technology Fund to reflect current industry security standards;
“(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
“(5) solicit project proposals through an open, transparent, and competitive application process to attract innovative applications and reduce barriers to entry;
“(6) seek input from technical, regional, and subject matter experts from a wide range of relevant disciplines, to review, provide feedback, and evaluate proposals to ensure the most competitive projects are funded;
“(7) implement an independent review process, through which proposals are reviewed by such experts to ensure the highest degree of technical review and due diligence;
“(8) maximize cooperation with the public and private sectors, as well as foreign allies and partner countries, to maximize efficiencies and eliminate duplication of efforts; and
“(9) utilize any other methodology approved by the United States Agency for Global Media in furtherance of the mission of the Open Technology Fund.
“(d) Grant Agreement.—Any grant agreement with or grants made to the Open Technology Fund under this section shall be subject to the following limitations and restrictions:
“(1) The headquarters of the Open Technology Fund and its senior administrative and managerial staff shall be located in a location which ensures economy, operational effectiveness, and accountability to the United States Agency for Global Media.
“(2) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be used only for activities consistent with this section, and that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.
“(3) Any grant agreement under this section shall require that any contract entered into by the Open Technology Fund shall specify that all obligations are assumed by the grantee and not by the United States Government.
“(4) Any grant agreement under this section shall require that any lease agreements entered into by the Open Technology Fund shall be, to the maximum extent possible, assignable to the United States Government.
“(5) Administrative and managerial costs for operation of the Open Technology Fund should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as a grantee.
“(6) Grant funds may not be used for any activity the purpose of which is influencing the passage or defeat of legislation considered by Congress.
“(e) Relationship to the United States Agency for Global Media.—
“(1) In general.—The Open Technology Fund shall be subject to the same oversight and governance by the United States Agency for Global Media as other grantees of the Agency as set forth in section 305.
“(2) Assistance.—The United States Agency for Global Media, its broadcast entities, and the Open Technology Fund should render assistance to each other as may be necessary to carry out the purposes of this section or any other provision of this Act.
“(3) Not a federal agency or instrumentality.—Nothing in this section may be construed to make the Open Technology Fund a Federal agency or instrumentality.
“(4) Detailees.—Under the Intergovernmental Personnel Act, employees of a grantee of the United States Agency for Global Media may be detailed to the Agency, and Federal employees may be detailed to a grantee of the United States Agency for Global Media.
“(f) Relationship to Other United States Government-funded Internet Freedom Programs.—The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are coordinated with internet freedom programs of the Department of State and other relevant United States Government departments, in order to share information and best-practices relating to the implementation of subsections (b) and (c).
“(g) Reporting Requirements.—
“(1) Annual report.—The Open Technology Fund shall highlight, in its annual report, internet freedom activities, including a comprehensive assessment of the Open Technology Fund’s activities relating to the implementation of subsections (b) and (c). Each such report shall include the following:
“(A) An assessment of the current state of global internet freedom, including trends in censorship and surveillance technologies and internet shutdowns, and the threats such pose to journalists, citizens, and human rights and civil-society organizations.
“(B) A description of the technology projects supported by the Open Technology Fund and the associated impact of such projects in the prior year, including the countries and regions in which such technologies were deployed, and any associated metrics indicating audience usage of such technologies, as well as future-year technology project initiatives.
“(2) Assessment of the effectiveness of the open technology fund.—Not later than two years after the date of the enactment of this section, the Inspector General of the Department of State and the Foreign Service shall submit to the appropriate congressional committees a report on the following:
“(A) Whether the Open Technology Fund is technically sound and cost effective.
“(B) Whether the Open Technology Fund is satisfying the requirements of this section.
“(C) The extent to which the interests of the United States are being served by maintaining the work of the Open Technology Fund.
“(h) Audit Authorities.—
“(1) In general.—Financial transactions of the Open Technology Fund, as such relate to functions carried out under this section, may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places at which accounts of the Open Technology Fund are normally kept.
“(2) Access by gao.—The Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by the Open Technology Fund pertaining to financial transactions as may be necessary to facilitate an audit. The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Open Technology Fund shall remain in the possession and custody of the Open Technology Fund.
“(3) Exercise of authorities.—Notwithstanding any other provision of law, the Inspector General of the Department of State and the Foreign Service is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Open Technology Fund.”
“(23) To—
“(A) require annual content reviews of each language service of Voice of America, The Office of Cuba Broadcasting, and each grantee network, consisting of a review of at least 10 percent of available unique weekly content from any selected week from the previous year, which shall be conducted, to the extent practicable, by fluent language speakers and experts without direct affiliation to the language service being reviewed, who are seeking any evidence of inappropriate or unprofessional content, which shall be submitted to the Office of Policy Research, the head and Board of the respective language service, and the Chief Executive Officer;
“(B) submit to the appropriate congressional committees a list of anomalous reports, including status updates on anomalous services during the 3-year period commencing on the date of receipt of the first report of biased, unprofessional, or otherwise problematic content."; and
“(C) launch a review, using external, native-language and regional experts, the results of which are to be reported to the appropriate congressional committees, if a widespread pattern of violations of the principles, standards, or journalistic code of ethics of a language service or grantee network has been identified.”
; and
“(c) Limitation on Corporate Leadership of Grantees.—
“(1) In general.—The Chief Executive Officer may not award any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or any other grantee authorized under this title (collectively referred to as ‘Agency Grantee Networks’) unless the incorporation documents of any such grantee require that the corporate leadership and Board of Directors of such grantee be selected in accordance with this Act.
“(2) Conflicts of interest.—
“(A) Chief executive officer.—The Chief Executive Officer may not serve on any of the corporate boards of any grantee under subsection (a).
“(B) Federal employees.—A full-time employee of a Federal agency may not serve on a corporate board of any grantee under subsection (a).
“(3) Qualifications of grantee board members.—Individuals appointed under subsection (a) to the Board of Directors of any of the Agency Grantee Networks shall have requisite expertise in journalism, technology, broadcasting, or diplomacy, or appropriate language or cultural understanding relevant to the grantee’s mission.”
“(a) In General.—The International Broadcasting Advisory Board (referred to in this section as the ‘Advisory Board’) shall advise the Chief Executive Officer of the United States Agency for Global Media, as appropriate. The Advisory Board as established shall exist within the executive branch as an entity described in section 104 of title 5, United States Code.
“(b) Composition of the Advisory Board.—
“(1) In general.—The Advisory Board shall consist of seven members, of whom—
“(A) six shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (c); and
“(B) one shall be the Secretary of State.
“(2) Chair.—The President shall designate, with the advice and consent of the Senate, one of the members appointed under paragraph (1)(A) as Chair of the Advisory Board.
“(3) Party limitation.—Not more than three members of the Advisory Board appointed under paragraph (1)(A) may be affiliated with the same political party.
“(4) Terms of office.—
“(A) In general.—Except as provided in subparagraph (B), members of the Advisory Board shall serve for a single term of 4 years, except that, of the first group of members appointed under paragraph (1)(A)—
“(i) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act;
“(ii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act; and
“(iii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act.
“(B) Secretary of state.—The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State.
“(5) Vacancies.—
“(A) In general.—The President shall appoint, with the advice and consent of the Senate, additional members to fill vacancies on the Advisory Board occurring before the expiration of a term.
“(B) Term.—Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term.
“(C) Service beyond term.—Any member whose term has expired shall continue to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate.
“(D) Secretary of state.—When there is a vacancy in the office of Secretary of State, the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed.”
“(d) Functions of the Advisory Board.—The members of the Advisory Board shall—
“(1) provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming;
“(2) meet with the Chief Executive Officer at least four times annually, including twice in person as practicable, and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board;
“(3) report periodically, or upon request, to the congressional committees specified in subsection (c)(2) regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming;
“(4) obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection;
“(5) consult with the Chief Executive Officer regarding budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress;
“(6) advise the Chief Executive Officer to ensure that—
“(A) the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters, networks, and grantees; and
“(B) agency networks, broadcasters, and grantees adhere to the highest professional standards and ethics of journalism, including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative, accurate, objective, and comprehensive news and information; and
“(7) provide other strategic input to the Chief Executive Officer.
“(e) Appointment of Heads of Networks.—
“(1) In general.—The heads of Voice of America, the Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or of any other grantee authorized under this title may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board.
“(2) Removal.—After consulting with the Chief Executive Officer, five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph (1).
“(3) Quorum.—
“(A) In general.—A quorum shall consist of four members of the Advisory Board (excluding the Secretary of State).
“(B) Decisions.—Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present.
“(C) Closed sessions.—The Advisory Board may meet in closed sessions in accordance with section 552b of title 5, United States Code.
“(f) Compensation.—
“(1) In general.—Members of the Advisory Board, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
“(2) Travel expenses.—While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons in the Government service employed intermittently.
“(3) Secretary of state.—The Secretary of State is not entitled to any compensation under this title, but may be allowed travel expenses in accordance with paragraph (2).
“(g) Support Staff.—The Chief Executive Officer shall, from within existing United States Agency for Global Media personnel, provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections (d) and (e).”
“(2) the terms ‘Agency’ and ‘Chief Executive Officer of the Agency’ mean the United States Agency for Global Media and the Chief Executive Officer of the United States Agency for Global Media, respectively,”
; and
“(f) Maintenance of Proprietary Information.—No consolidation of grantees authorized under subsection (a) involving any grantee shall result in any legal transfer of ownership of any proprietary information or intellectual property to the United State Agency for Global Media or any other Federal entity.
“(g) Rule of Construction.—No consolidation of grantees authorized under subsection (a) shall result in the consolidation of the Open Technology Fund or any successor entity with any other grantee.”
“(3) may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.”
“(l) Information Regarding Human Trafficking-Related Visa Denials.—
“(1) In general.—The Secretary of State shall ensure that the Office to Monitor and Combat Trafficking in Persons and the Bureau of Diplomatic Security of the Department of State receive timely and regular information regarding United States visa denials based, in whole or in part, on grounds related to human trafficking.
“(2) Decisions regarding allocation.—The Secretary of State shall ensure that decisions regarding the allocation of resources of the Department of State related to combating human trafficking and to law enforcement presence at United States diplomatic and consular posts appropriately take into account—
“(A) the information described in paragraph (1); and
“(B) the information included in the most recent report submitted in accordance with section 110(b).”
“(18) Grounds related to human trafficking.—The term ‘grounds related to human trafficking’ means grounds related to the criteria for inadmissibility to the United States described in subsection (a)(2)(H) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182).”
“(5) Persons who are eligible for retired pay under chapter 1223 of title 10, United States Code, and are—
“(A) eligible for care under section 1710 of title 38, United States Code;
“(B) enrolled in coverage under chapter 55 of title 10, United States Code; or
“(C) enrolled in a qualified health plan (as defined in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a))) that is acceptable to the Chief Operating Officer.”
“(2)
(A) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate.
“(B) The calculation of monthly income and monthly payments under subparagraph (A) for a resident eligible under section 1512(a)(5) shall not be less than the retirement pay for equivalent active duty service as determined by the Chief Operating Officer, except as the Chief Operating Officer may provide because of the compelling personal circumstances of such resident.”
; and
“(4) The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 1512(a)(5) equal to the deductions then in effect under section 1007(i)(1) of title 37, United States Code, for each year of service computed under chapter 1223 of title 10, United States Code, and shall deposit such fee in the Armed Forces Retirement Home Trust Fund.”
“SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.
“(a) Inspections.—The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 1511(g) on a frequency consistent with the standards of such organization.
“(b) Availability of Staff and Records.—The Chief Operating Officer and the Administrator of a facility being inspected under this section shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this section.
“(c) Reports.—Not later than 60 days after receiving a report on an inspection from the civilian accrediting organization under this section, the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory Council a report containing—
“(1) the results of the inspection; and
“(2) a plan to address any recommendations and other matters set forth in the report.”
“Sec. 1518. Periodic inspection of Retirement Home facilities.”.
Ҥ 9084. Space Development Agency
“(a) In General.—
(1) There is a Space Development Agency of the Department of Defense (in this section referred to as the ‘Agency’). The Director of the Space Development Agency shall be the head of the Agency.
“(2) Effective on October 1, 2022—
“(A) the Agency shall be an element of the Space Force; and
“(B) the Director shall report—
“(i) pursuant to section 9016(b)(6)(B)(iv)(III) of this title, to the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to acquisition decisions; and
“(ii) directly to the Chief of Space Operations with respect to requirements decisions, personnel decisions, and any other matter not covered by clause (i).
“(b) Development and Integration Authorities.—The Director shall lead—
“(1) the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that uses proliferated low-Earth orbit systems and services;
“(2) the integration of next-generation space capabilities, such as novel sensors (including with respect to alternate navigation, and autonomous battle management features), and sensor and tracking components (including a hypersonic and ballistic missile tracking space sensor payload pursuant to section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021), into the architecture specified in paragraph (1) to address the requirements and needs of the armed forces and combatant commands for such capabilities;
“(3) the procurement of commercial capabilities and services, including—
“(A) options for integrating payloads on commercial buses and spacecraft into existing commercial architectures; and
“(B) innovative commercial capabilities and services, such as on-orbit servicing or in-space transportation systems, that could extend the life of space systems, rapidly respond to threats, or contribute to resilience; and
“(4) the rapid introduction, acquisition, and iteration of cost-effective, resilient solutions that leverage planned and existing commercial low-Earth orbit capabilities or innovative capabilities.
“(c) Budget Materials and Program Elements.—Beginning not later than with respect to fiscal year 2023 and each fiscal year thereafter—
“(1) in the budget justification materials submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for the activities of the Agency shall be separate from the other activities of the Space Force; and
“(2) the Secretary of Defense shall ensure that the programs of the Agency are assigned program elements different from other program elements of the Space Force.”
“9084. Space Development Agency.”.
“(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. The authority to carry out the program under this paragraph shall terminate on December 31, 2025.”
“(G) in the case of the Space Development Agency, appoint individuals to a total of not more than 10 positions in the Agency, of which not more than 3 such positions may be positions of administration or management of the Agency;”
“(5) Star tracker.—A star tracker used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government.”
“(7) The Commander of the United States Space Command.”
; and
“(4) Commercial satellite communications services.—
“(A) Authority.—Beginning on the date specified in subparagraph (B), the Service Acquisition Executive for Space Systems and Programs shall be responsible for the procurement of commercial satellite communications services for the Department of Defense.
“(B) Date specified.—The date specified in this subparagraph is the date that is 120 days after the date on which the Service Acquisition Executive for Space Systems and Programs submits to the congressional defense committees a plan for delegating the authority under subparagraph (A) to a subordinate acquisition command within the Space Force.
“(C) Responsibility during interim period.—During the period preceding the date specified in subparagraph (B), the Chief of Space Operations shall be responsible for the procurement of commercial satellite communications services for the Department of Defense.”
“(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, geomatics data, and safety of navigation capability requirements through a formal process governed by the Joint Staff. Consistent with validated requirements, the National Geospatial-Intelligence Agency shall provide aeronautical and nautical charts that are safe for navigation, maps, books, datasets, models, and geomatics products.”
“(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).”
“451. Maps, charts, books, and datasets.”.
“454. Exchange of mapping, charting, and geomatics data with foreign countries, international organizations, nongovernmental organizations, and academic institutions.”.
“455. Maps, charts, and geomatics data: public availability; exceptions.”.
“(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.”
“(9) Reviewing proposed capabilities, and establishing and validating performance requirements (as defined in section 181(h) of this title), for nuclear warhead programs.”
“SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.
“(a) Review of Adequacy of Administration Budget by Nuclear Weapons Council.—
“(1) Transmission to council.—The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the ‘Council’) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31, United States Code.
“(2) Review and determination of adequacy.—
“(A) Review.—The Council shall review each budget request transmitted to the Council under paragraph (1).
“(B) Determination of adequacy.—
“(i) Inadequate requests.—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives.
“(ii) Adequate requests.—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is adequate to implement the objectives described in clause (i) for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request.
“(iii) Records.—The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
“(3) Department of energy response.—
“(A) In general.—If the Council submits to the Secretary of Energy a written description under paragraph (2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget—
“(i) the funding levels and initiatives identified in the description under paragraph (2)(B)(i); and
“(ii) any additional comments the Secretary considers appropriate.
“(B) Transmission to congress.—The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a copy of the appendix described in subparagraph (A).
“(b) Review and Certification of Department of Energy Budget by Nuclear Weapons Council.—
“(1) In general.—At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.
“(2) Certification.—The Council shall—
“(A) review the budget request transmitted to the Council under paragraph (1);
“(B) based on the review under subparagraph (A), make a determination with respect to whether the budget request includes the funding levels and initiatives described in subsection (a)(2)(B)(i); and
“(C) submit to Congress—
“(i)
(I) a certification that the budget request is adequate to implement the objectives described in subsection (a)(2)(B)(i); or
“(II) a statement that the budget request is not adequate to implement those objectives; and
“(ii) a copy of the written description submitted by the Council to the Secretary under subsection (a)(2)(B)(i), if any.”
“Sec. 4717. Review of adequacy of nuclear weapons budget.”.
“(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.”
Ҥ 205. Missile Defense Agency
“The Director of the Missile Defense Agency shall be appointed for a six-year term.”
“(3) Review of emerging issues.—In carrying out this subsection, as the Comptroller General determines is warranted, the Comptroller General shall review emerging issues and, in consultation with the congressional defense committees, brief such committees or submit to such committees a report on the findings of the Comptroller General with respect to such review.”
“(2) The principal mission of the Cyber Command is to direct, synchronize, and coordinate military cyberspace planning and operations to defend and advance national interests in collaboration with domestic and international partners.”
; and
“(b) Assignment of Forces.—
(1) Active and reserve cyber forces of the armed forces shall be assigned to the Cyber Command through the Global Force Management Process, as approved by the Secretary of Defense.
“(2) Cyber forces not assigned to Cyber Command remain assigned to combatant commands or service-retained.”
; and
“(c) Submission.—The Secretary shall provide the displays described in subsection (a)—
“(1) in electronic format not later than five days after the submission by the President under section 1105(a) of title 31 of the budget; and
“(2) in print format not later than 21 days after the submission by the President under section 1105(a) of title 31 of the budget.”
“(c) Sensitive Military Cyber Operation Defined.—
(1) In this section, the term ‘sensitive military cyber operation’ means an action described in paragraph (2) that—
“(A) is carried out by the armed forces of the United States;
“(B) is intended to achieve a cyber effect against a foreign terrorist organization or a country, including its armed forces and the proxy forces of that country located elsewhere—
“(i) with which the armed forces of the United States are not involved in hostilities (as that term is used in section 4 of the War Powers Resolution (50 U.S.C. 1543)); or
“(ii) with respect to which the involvement of the armed forces of the United States in hostilities has not been acknowledged publicly by the United States; and
“(C)
(i) is determined to—
“(I) have a medium or high collateral effects estimate;
“(II) have a medium or high intelligence gain or loss;
“(III) have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations;
“(IV) have a medium or high probability of detection when detection is not intended; or
“(V) result in medium or high collateral effects; or
“(ii) is a matter the Secretary determines to be appropriate.
“(2) The actions described in this paragraph are the following:
“(A) An offensive cyber operation.
“(B) A defensive cyber operation.”
“(a) Briefings Required.—The Under Secretary of Defense for Policy, the Commander of United States Cyber Command, and the Chairman of the Joint Chiefs of Staff, or designees from each of their offices, shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace, including clandestine cyber activities, carried out by the Department of Defense during the immediately preceding quarter.
“(b) Elements.—Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following:
“(1) An update, set forth separately for each applicable geographic and functional command, that describes the operations carried out in the area of operations of that command or by that command.
“(2) An update, set forth for each applicable geographic and functional command, that describes defensive cyber operations executed to protect or defend forces, networks, and equipment in the area of operations of that command.
“(3) An update on relevant authorities and legal issues applicable to operations, including any presidential directives and delegations of authority received since the last quarterly update.
“(4) An overview of critical operational challenges posed by major adversaries or encountered in operational activities conducted since the last quarterly update.
“(5) An overview of the readiness of the Cyber Mission Forces to perform assigned missions that—
“(A) addresses all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel, equipment, training, and equipment condition—
“(i) using both quantitative and qualitative metrics; and
“(ii) in a way that is common to all military departments; and
“(B) is consistent with readiness reporting pursuant to section 482 of this title.
“(6) Any other matters that the briefers determine to be appropriate.
“(c) Documents.—Each briefing under subsection (a) shall include a classified placemat, summarizing the elements specified in paragraphs (1), (2), (3), and (5) of subsection (b), and an unclassified memorandum, summarizing the briefing’s contents.”
“(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and vulnerabilities within Federal information systems;
“(8) upon request by an agency, and at the Secretary’s discretion, with or without reimbursement—
“(A) providing services, functions, and capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
“(B) deploying, operating, and maintaining secure technology platforms and tools, including networks and common business applications, for use by the agency to perform agency functions, including collecting, maintaining, storing, processing, disseminating, and analyzing information; and”
; and
“(l) Information Sharing.—
“(1) In general.—Notwithstanding any other provision of law, including any provision of law that would otherwise restrict or prevent the head of an agency from disclosing information to the Secretary, the Secretary in carrying out this section and title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) may access, use, retain, and disclose, and the head of an agency may disclose to the Secretary, information, for the purpose of protecting information and information systems from cybersecurity risks.
“(2) Exception.—Paragraph (1) shall not apply to national security systems or to information systems described in paragraph (2) or (3) of subsection (e).”
“(1) The assessment and definition of the role of cyber forces in the national defense and military strategies of the United States.”
“(2) Review of the following:
“(A) The role of cyber operations in combatant commander warfighting plans.
“(B) The ability of combatant commanders to respond to adversary cyber attacks.
“(C) The international partner cyber capacity-building programs of the Department.”
“(3) A review of the law, policies, and authorities relating to, and necessary for, the United States to maintain a safe, reliable, and credible cyber posture for defending against and responding to cyber attacks and for deterrence in cyberspace, including the following:
“(A) An assessment of the need for further delegation of cyber-related authorities, including those germane to information warfare, to the Commander of United States Cyber Command.
“(B) An evaluation of the adequacy of mission authorities for all cyber-related military components, defense agencies, directorates, centers, and commands.”
“(6) A review of a strategy to deter, degrade, or defeat malicious cyber activity targeting the United States (which may include activities, capability development, and operations other than cyber activities, cyber capability development, and cyber operations), including—
“(A) a review and assessment of various approaches to competition and deterrence in cyberspace, determined in consultation with experts from Government, academia, and industry;
“(B) a comparison of the strengths and weaknesses of the approaches identified pursuant to subparagraph (A) relative to the threat of each other; and
“(C) an assessment as to how the cyber strategy will inform country-specific campaign plans focused on key leadership of Russia, China, Iran, North Korea, and any other country the Secretary considers appropriate.”
“(8) A comprehensive force structure assessment of the Cyber Operations Forces of the Department for the posture review period, including the following:
“(A) A determination of the appropriate size and composition of the Cyber Mission Forces to accomplish the mission requirements of the Department.
“(B) An assessment of the Cyber Mission Forces’ personnel, capabilities, equipment, funding, operational concepts, and ability to execute cyber operations in a timely fashion.
“(C) An assessment of the personnel, capabilities, equipment, funding, and operational concepts of Cybersecurity Service Providers and other elements of the Cyber Operations Forces.”
“(9) An assessment of whether the Cyber Mission Force has the appropriate level of interoperability, integration, and interdependence with special operations and conventional forces.
“(10) An evaluation of the adequacy of mission authorities for the Joint Force Provider and Joint Force Trainer responsibilities of United States Cyber Command, including the adequacy of the units designated as Cyber Operations Forces to support such responsibilities.
“(11) An assessment of the missions and resourcing of the combat support agencies in support of cyber missions of the Department.”
“(b) Limitation.—
(1) Each fiscal year, the Secretaries of the military departments concerned may each obligate and expend under subsection (a) not more than $10,000,000.
“(2) Each fiscal year, the Commander of the United States Cyber Command may obligate and expend under subsection (a) not more than $6,000,000.”
; and
“(8) United states cyber command.—The Commander of United States Cyber Command may carry out a program of personnel management authority provided in subsection (b) in order to facilitate the recruitment of eminent experts in computer science, data science, engineering, mathematics, and computer network exploitation within the headquarters of United States Cyber Command and the Cyber National Mission Force.”
; and
“(H) in the case of United States Cyber Command, appoint computer scientists, data scientists, engineers, mathematicians, and computer network exploitation specialists to a total of not more than 10 scientific and engineering positions in the Command;”
“(f) Applicability.—The requirements of this section shall apply in full to the Department of the Navy, including the Sharkcage and associated programs.”
“(g) Report to Congress.—Not later than September 30, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of the Cyber Institutes and on opportunities to expand the Cyber Institutes to additional select institutions of higher learning that have a Reserve Officers’ Training Corps program.”
“(i) Establishing Requirements for Periodicity of Vulnerability Reviews.—The Secretary of Defense shall establish policies and requirements for each major weapon system, and the priority critical infrastructure essential to the proper functioning of major weapon systems in broader mission areas, to be re-assessed for cyber vulnerabilities, taking into account upgrades or other modifications to systems and changes in the threat landscape.
“(j) Identification of Senior Official.—Each secretary of a military department shall identify a senior official who shall be responsible for ensuring that cyber vulnerability assessments and mitigations for weapon systems and critical infrastructure are planned, funded, and carried out.”
“(a) In General.—Not later than August 1, 2021, the Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, the Vice Chairman of the Joint Chiefs of Staff, the Commander of United States Cyber Command, and the Director of the National Security Agency, establish a program to be known as the ‘Strategic Cybersecurity Program’ (in this section referred to as the ‘Program’) to ensure that the Department of Defense is always able to conduct the most important military missions of the Department.
“(b) Personnel Support to the Program.—
“(1) In general.—The Director of the National Security Agency shall establish a program office within the Cybersecurity Directorate to support the Program by identifying threats to, vulnerabilities in, and remediations for the missions and mission elements described in paragraph (1) of subsection (c). Such program office shall be headed by a program manager selected by the Director.
“(2) National security agency program office staff augmentation.—The Secretary may augment the personnel assigned to the program office required under paragraph (1) by assigning personnel as appropriate from among regular and reserve members of the Armed Forces, civilian employees of the Department of Defense (including the Defense intelligence agencies), and personnel of the research laboratories of the Department and the Department of Energy, who have particular expertise in the areas of responsibility described in subsection (c).
“(3) Department of energy personnel.—Any personnel assigned to the program office from among personnel of the Department of Energy shall be so assigned with the concurrence of the Secretary of Energy.
“(c) Responsibilities.—
“(1) Designation of mission elements of the program.—The Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, and the Vice Chairman of the Joint Chiefs of Staff shall identify and designate for inclusion in the Program all of the systems, critical infrastructure, kill chains, and processes, including systems and components in development, that comprise the following military missions of the Department of Defense:
“(A) Nuclear deterrence and strike.
“(B) Select long-range conventional strike missions germane to the warfighting plans of United States European Command and United States Indo-Pacific Command.
“(C) Offensive cyber operations.
“(D) Homeland missile defense.
“(2) Office of the under secretary of defense for acquisition and sustainment.—The Office of the Under Secretary of Defense for Acquisition and Sustainment shall serve as the office of primary responsibility for the Program, providing policy, direction, and oversight regarding the execution of the National Security Agency program manager’s responsibilities described in paragraph (5).
“(3) Vice chairman of the joint chiefs of staff.—The Vice Chairman of the Joint Chiefs of Staff shall coordinate the identification and prioritization of the missions and mission components, and the development and approval of requirements relating to the cybersecurity of the missions and mission components, of the Program.
“(4) Chief information officer.—The Chief Information Officer, in exercising authority, direction, and control over the Cybersecurity Directorate of the National Security Agency, shall ensure that the National Security Agency program office is responsive to the requirements and direction of the Under Secretary of Defense for Acquisition and Sustainment.
“(5) Program manager.—The program manager shall be responsible for—
“(A) Conducting end-to-end vulnerability assessments of the missions of the Program and their constituent systems, infrastructure, kill chains, and processes.
“(B) Prioritizing and facilitating the remediation of identified vulnerabilities in the constituent systems, infrastructure, kill chains, and processes of the missions of the Program.
“(C) Conducting, prior to the Milestone B approval for any such system or infrastructure, appropriate reviews of acquisition and system engineering plans for proposed systems and infrastructure germane to the missions of the Program, in accordance with the Under Secretary of Defense for Acquisition and Sustainment’s policy and guidance regarding the components of such reviews and the range of systems and infrastructure to be reviewed.
“(D) Advising the military departments, combatant commands, and Joint Staff on the vulnerabilities and cyberattack vectors that pose substantial risk to the missions of the Program and their constituent systems, critical infrastructure, kill chains, or processes.
“(6) Secretary of defense directive.—The Secretary of Defense shall define and issue guidance on the roles and responsibilities for other components with respect to the Program, including—
“(A) the military departments’ acquisition and sustainment organizations in supporting and implementing remedial actions;
“(B) the alignment of Cyber Protection Teams with the prioritized missions of the Program;
“(C) the role of the Director of Operational Test and Evaluation in conducting periodic assessments, including through red teams, of the cybersecurity of missions in the Program; and
“(D) the role of the Principal Cyber Adviser in coordinating and monitoring the Department’s execution of the Program.
“(d) Integration With Other Efforts.—The Under Secretary of Defense for Acquisition and Sustainment shall ensure that the Program builds upon, and does not duplicate, other efforts of the Department of Defense relating to cybersecurity, including the following:
“(1) The evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense required under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92).
“(2) The evaluation of cyber vulnerabilities of Department of Defense critical infrastructure required under section 1650 of the National Defense Authorization Act for Fiscal year 2017 (Public Law 114–328; 10 U.S.C. 2224 note).
“(3) The activities of the cyber protection teams of the Department of Defense.
“(e) Briefing.—Not later than December 1, 2021, the Secretary of Defense shall provide to the congressional defense committees a briefing on the establishment of the Program, and the plans, funding, and staffing of the Program.”
“(c) Principal Cyber Advisor.—
“(1) Designation.—The Secretary shall designate a Principal Cyber Advisor from among those civilian officials of the Department of Defense who have been appointed to the positions in which they serve by the President, by and with the advice and consent of the Senate.
“(2) Responsibilities.—The Principal Cyber Advisor shall be responsible for the following:
“(A) Acting as the principal advisor to the Secretary on military cyber forces and activities.
“(B) Overall integration of Cyber Operations Forces activities relating to cyberspace operations, including associated policy and operational considerations, resources, personnel, technology development and transition, and acquisition.
“(C) Assessing and overseeing the implementation of the cyber strategy of the Department and execution of the cyber posture review of the Department on behalf of the Secretary.
“(D) Coordinating activities pursuant to subparagraphs (A) and (B) of subsection (c)(3) with the Principal Information Operations Advisor, the Chief Information Officer of the Department, and other officials as determined by the Secretary of Defense, to ensure the integration of activities in support of cyber, information, and electromagnetic spectrum operations.
“(E) Such other matters relating to the offensive military cyber forces of the Department as the Secretary shall specify for the purposes of this subsection.
“(3) Cross-functional team.—Consistent with section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Principal Cyber Advisor shall—
“(A) integrate the cyber expertise and perspectives of appropriate organizations within the Office of the Secretary of Defense, Joint Staff, military departments, the Defense Agencies and Field Activities, and combatant commands, by establishing and maintaining a full-time cross-functional team of subject matter experts from those organizations; and
“(B) select team members, and designate a team leader, from among those personnel nominated by the heads of such organizations.”
“(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) 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 be due for the period between the termination and reconstitution of the Commission;
“(iii) nothing in this subparagraph may be construed as requiring the extension or reemployment of any staff member or contractor working for the Commission;
“(iv) the staff of the Commission shall be—
“(I) selected by the co-chairs of the Commission in accordance with subsection (h)(1);
“(II) comprised of not more than four individuals, including a staff director; and
“(III) resourced in accordance with subsection (g)(4)(A);
“(v) with the approval of the co-chairs, may be provided by contract with a nongovernmental organization;
“(vi) any unexpended funds made available for the use of the Commission shall continue to be available for use for the life of the Commission, as well as any additional funds appropriated to the Department of Defense that are made available to the Commission, provided that the total such funds does not exceed $1,000,000 from the reconstitution of the Commission to the completion of the Commission; and
“(vii) the requirement for an assessment of the final report in subsection (l) shall be updated to require every ten months for a period of 20 months further assessments of the Federal Government’s responses to the Commission’s recommendations contained in such final report.”
“SEC. 2215. JOINT CYBER PLANNING OFFICE.
“(a) Establishment of Office.—There is established in the Agency an office for joint cyber planning (in this section referred to as the ‘Office’) to develop, for public and private sector entities, plans for cyber defense operations, including the development of a set of coordinated actions to protect, detect, respond to, and recover from cybersecurity risks or incidents or limit, mitigate, or defend against coordinated, malicious cyber operations that pose a potential risk to critical infrastructure or national interests. The Office shall be headed by a senior official of the Agency selected by the Director.
“(b) Planning and Execution.—In leading the development of plans for cyber defense operations pursuant to subsection (a), the head of the Office shall—
“(1) coordinate with relevant Federal departments and agencies to establish processes and procedures necessary to develop and maintain ongoing coordinated plans for cyber defense operations;
“(2) leverage cyber capabilities and authorities of participating Federal departments and agencies, as appropriate, in furtherance of plans for cyber defense operations;
“(3) ensure that plans for cyber defense operations are, to the greatest extent practicable, developed in collaboration with relevant private sector entities, particularly in areas in which such entities have comparative advantages in limiting, mitigating, or defending against a cybersecurity risk or incident or coordinated, malicious cyber operation;
“(4) ensure that plans for cyber defense operations, as appropriate, are responsive to potential adversary activity conducted in response to United States offensive cyber operations;
“(5) facilitate the exercise of plans for cyber defense operations, including by developing and modeling scenarios based on an understanding of adversary threats to, vulnerability of, and potential consequences of disruption or compromise of critical infrastructure;
“(6) coordinate with and, as necessary, support relevant Federal departments and agencies in the establishment of procedures, development of additional plans, including for offensive and intelligence activities in support of cyber defense operations, and creation of agreements necessary for the rapid execution of plans for cyber defense operations when a cybersecurity risk or incident or malicious cyber operation has been identified; and
“(7) support public and private sector entities, as appropriate, in the execution of plans developed pursuant to this section.
“(c) Composition.—The Office shall be composed of—
“(1) a central planning staff; and
“(2) appropriate representatives of Federal departments and agencies, including—
“(A) the Department;
“(B) United States Cyber Command;
“(C) the National Security Agency;
“(D) the Federal Bureau of Investigation;
“(E) the Department of Justice; and
“(F) the Office of the Director of National Intelligence.
“(d) Consultation.—In carrying out its responsibilities described in subsection (b), the Office shall regularly consult with appropriate representatives of non-Federal entities, such as—
“(1) State, local, federally-recognized Tribal, and territorial governments;
“(2) information sharing and analysis organizations, including information sharing and analysis centers;
“(3) owners and operators of critical information systems;
“(4) private entities; and
“(5) other appropriate representatives or entities, as determined by the Secretary.
“(e) Interagency Agreements.—The Secretary and the head of a Federal department or agency referred to in subsection (c) may enter into agreements for the purpose of detailing personnel on a reimbursable or non-reimbursable basis.
“(f) Definitions.—In this section:
“(1) Cyber defense operation.—The term ‘cyber defense operation’ means defensive activities performed for a cybersecurity purpose.
“(2) Cybersecurity purpose.—The term ‘cybersecurity purpose’ has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501)).
“(3) Cybersecurity risk; incident.—The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given such terms in section 2209.
“(4) Information sharing and analysis organization.—The term ‘information sharing and analysis organization’ has the meaning given such term in section 2222(5).”
“Sec. 2215. Joint cyber planning office.”.
“(1) the term ‘cybersecurity purpose’ has the meaning given that term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);”
“(7) the term ‘security vulnerability’ has the meaning given that term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501); and”
“(12) detecting, identifying, and receiving information for a cybersecurity purpose about security vulnerabilities relating to critical infrastructure in information systems and devices.”
; and
“(o) Subpoena Authority.—
“(1) Definition.—In this subsection, the term ‘covered device or system’—
“(A) means a device or system commonly used to perform industrial, commercial, scientific, or governmental functions or processes that relate to critical infrastructure, including operational and industrial control systems, distributed control systems, and programmable logic controllers; and
“(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.
“(2) Authority.—
“(A) In general.—If the Director identifies a system connected to the internet with a specific security vulnerability and has reason to believe such security vulnerability relates to critical infrastructure and affects a covered device or system, and the Director is unable to identify the entity at risk that owns or operates such covered device or system, the Director may issue a subpoena for the production of information necessary to identify and notify such entity at risk, in order to carry out a function authorized under subsection (c)(12).
“(B) Limit on information.—A subpoena issued pursuant to subparagraph (A) may seek information—
“(i) only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of title 18, United States Code; and
“(ii) for not more than 20 covered devices or systems.
“(C) Liability protections for disclosing providers.—The provisions of section 2703(e) of title 18, United States Code, shall apply to any subpoena issued pursuant to subparagraph (A).
“(3) Coordination.—
“(A) In general.—If the Director exercises the subpoena authority under this subsection, and in the interest of avoiding interference with ongoing law enforcement investigations, the Director shall coordinate the issuance of any such subpoena with the Department of Justice, including the Federal Bureau of Investigation, pursuant to interagency procedures which the Director, in coordination with the Attorney General, shall develop not later than 60 days after the date of the enactment of this subsection.
“(B) Contents.—The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—
“(i) issued to carry out a function described in subsection (c)(12); and
“(ii) subject to the limitations specified in this subsection.
“(4) Noncompliance.—If any person, partnership, corporation, association, or entity fails to comply with any duly served subpoena issued pursuant to this subsection, the Director may request that the Attorney General seek enforcement of such subpoena in any judicial district in which such person, partnership, corporation, association, or entity resides, is found, or transacts business.
“(5) Notice.—Not later than seven days after the date on which the Director receives information obtained through a subpoena issued pursuant to this subsection, the Director shall notify any entity identified by information obtained pursuant to such subpoena regarding such subpoena and the identified vulnerability.
“(6) Authentication.—
“(A) In general.—Any subpoena issued pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance.
“(B) Invalid if not authenticated.—Any subpoena issued pursuant to this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena.
“(7) Procedures.—Not later than 90 days after the date of the enactment of this subsection, the Director shall establish internal procedures and associated training, applicable to employees and operations of the Agency, regarding subpoenas issued pursuant to this subsection, which shall address the following:
“(A) The protection of and restriction on dissemination of nonpublic information obtained through such a subpoena, including a requirement that the Agency not disseminate nonpublic information obtained through such a subpoena that identifies the party that is subject to such subpoena or the entity at risk identified by information obtained, except that the Agency may share the nonpublic information with the Department of Justice for the purpose of enforcing such subpoena in accordance with paragraph (4), and may share with a Federal agency the nonpublic information of the entity at risk if—
“(i) the Agency identifies or is notified of a cybersecurity incident involving such entity, which relates to the vulnerability which led to the issuance of such subpoena;
“(ii) the Director determines that sharing the nonpublic information with another Federal department or agency is necessary to allow such department or agency to take a law enforcement or national security action, consistent with the interagency procedures under paragraph (3)(A), or actions related to mitigating or otherwise resolving such incident;
“(iii) the entity to which the information pertains is notified of the Director’s determination, to the extent practicable consistent with national security or law enforcement interests, consistent with such interagency procedures; and
“(iv) the entity consents, except that the entity’s consent shall not be required if another Federal department or agency identifies the entity to the Agency in connection with a suspected cybersecurity incident.
“(B) The restriction on the use of information obtained through such a subpoena for a cybersecurity purpose.
“(C) The retention and destruction of nonpublic information obtained through such a subpoena, including—
“(i) destruction of such information that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph (5); and
“(ii) destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through such a subpoena, unless otherwise agreed to by the individual identified by the subpoena respondent.
“(D) The processes for providing notice to each party that is subject to such a subpoena and each entity identified by information obtained under such a subpoena.
“(E) The processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued pursuant to this subsection.
“(F) The information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—
“(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and
“(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.
“(8) Limitation on procedures.—The internal procedures established pursuant to paragraph (7) may not require an owner or operator of critical infrastructure to take any action as a result of a notice of vulnerability made pursuant to this Act.
“(9) Review of procedures.—Not later than 1 year after the date of the enactment of this subsection, the Privacy Officer of the Agency shall—
“(A) review the internal procedures established pursuant to paragraph (7) to ensure that—
“(i) such procedures are consistent with fair information practices; and
“(ii) the operations of the Agency comply with such procedures; and
“(B) notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review under subparagraph (A).
“(10) Publication of information.—Not later than 120 days after establishing the internal procedures under paragraph (7), the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection, including information regarding the following:
“(A) Such internal procedures.
“(B) The purpose for subpoenas issued pursuant to this subsection.
“(C) The subpoena process.
“(D) The criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena.
“(E) Policies and procedures on retention and sharing of data obtained by subpoenas.
“(F) Guidelines on how entities contacted by the Director may respond to notice of a subpoena.
“(11) Annual reports.—The Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas issued pursuant to this subsection, which shall include the following:
“(A) A discussion of the following:
“(i) The effectiveness of the use of such subpoenas to mitigate critical infrastructure security vulnerabilities.
“(ii) The critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection.
“(iii) The number of subpoenas so issued during the preceding year.
“(iv) To the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year.
“(v) The number of entities notified by the Director under this subsection, and their responses, during the preceding year.
“(B) For each subpoena issued pursuant to this subsection, the following:
“(i) Information relating to the source of the security vulnerability detected, identified, or received by the Director.
“(ii) Information relating to the steps taken to identify the entity at risk prior to issuing the subpoena.
“(iii) A description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.
“(12) Publication of the annual reports.—The Director shall publish a version of the annual report required under paragraph (11) on the website of the Agency, which shall, at a minimum, include the findings described in clauses (iii), (iv), and (v) of subparagraph (A) of such paragraph.
“(13) Prohibition on use of information for unauthorized purposes.—Any information obtained pursuant to a subpoena issued under this subsection may not be provided to any other Federal department or agency for any purpose other than a cybersecurity purpose or for the purpose of enforcing a subpoena issued pursuant to this subsection.”
“(11) appoint a Cybersecurity State Coordinator in each State, as described in section 2215; and”
; and
“SEC. 2215. CYBERSECURITY STATE COORDINATOR.
“(a) Appointment.—The Director shall appoint an employee of the Agency in each State, with the appropriate cybersecurity qualifications and expertise, who shall serve as the Cybersecurity State Coordinator.
“(b) Duties.—The duties of a Cybersecurity State Coordinator appointed under subsection (a) shall include—
“(1) building strategic public and, on a voluntary basis, private sector relationships, including by advising on establishing governance structures to facilitate the development and maintenance of secure and resilient infrastructure;
“(2) serving as the Federal cybersecurity risk advisor and supporting preparation, response, and remediation efforts relating to cybersecurity risks and incidents;
“(3) facilitating the sharing of cyber threat information to improve understanding of cybersecurity risks and situational awareness of cybersecurity incidents;
“(4) raising awareness of the financial, technical, and operational resources available from the Federal Government to non-Federal entities to increase resilience against cyber threats;
“(5) supporting training, exercises, and planning for continuity of operations to expedite recovery from cybersecurity incidents, including ransomware;
“(6) serving as a principal point of contact for non-Federal entities to engage, on a voluntary basis, with the Federal Government on preparing, managing, and responding to cybersecurity incidents;
“(7) assisting non-Federal entities in developing and coordinating vulnerability disclosure programs consistent with Federal and information security industry standards;
“(8) assisting State, local, Tribal, and territorial governments, on a voluntary basis, in the development of State cybersecurity plans;
“(9) coordinating with appropriate officials within the Agency; and
“(10) performing such other duties as determined necessary by the Director to achieve the goal of managing cybersecurity risks in the United States and reducing the impact of cyber threats to non-Federal entities.
“(c) Feedback.—The Director shall consult with relevant State, local, Tribal, and territorial officials regarding the appointment, and State, local, Tribal, and territorial officials and other non-Federal entities regarding the performance, of the Cybersecurity State Coordinator of a State.”
“Sec. 2215. Cybersecurity State Coordinator.”.
“SEC. 2216. CYBERSECURITY ADVISORY COMMITTEE.
“(a) Establishment.—The Secretary shall establish within the Agency a Cybersecurity Advisory Committee (referred to in this section as the ‘Advisory Committee’).
“(b) Duties.—
“(1) In general.—The Advisory Committee shall advise, consult with, report to, and make recommendations to the Director, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training pertaining to the cybersecurity mission of the Agency.
“(2) Recommendations.—
“(A) In general.—The Advisory Committee shall develop, at the request of the Director, recommendations for improvements to advance the cybersecurity mission of the Agency and strengthen the cybersecurity of the United States.
“(B) Recommendations of subcommittees.—Recommendations agreed upon by subcommittees established under subsection (d) for any year shall be approved by the Advisory Committee before the Advisory Committee submits to the Director the annual report under paragraph (4) for that year.
“(3) Periodic reports.—The Advisory Committee shall periodically submit to the Director—
“(A) reports on matters identified by the Director; and
“(B) reports on other matters identified by a majority of the members of the Advisory Committee.
“(4) Annual report.—
“(A) In general.—The Advisory Committee shall submit to the Director an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year.
“(B) Publication.—Not later than 180 days after the date on which the Director receives an annual report for a year under subparagraph (A), the Director shall publish a public version of the report describing the activities of the Advisory Committee and such related matters as would be informative to the public during that year, consistent with section 552(b) of title 5, United States Code.
“(5) Feedback.—Not later than 90 days after receiving any recommendation submitted by the Advisory Committee under paragraph (2), (3), or (4), the Director shall respond in writing to the Advisory Committee with feedback on the recommendation. Such a response shall include—
“(A) with respect to any recommendation with which the Director concurs, an action plan to implement the recommendation; and
“(B) with respect to any recommendation with which the Director does not concur, a justification for why the Director does not plan to implement the recommendation.
“(6) Congressional notification.—Not less frequently than once per year after the date of enactment of this section, the Director shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives a briefing on feedback from the Advisory Committee.
“(7) Governance rules.—The Director shall establish rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection (d).
“(c) Membership.—
“(1) Appointment.—
“(A) In general.—Not later than 180 days after the date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020, the Director shall appoint the members of the Advisory Committee.
“(B) Composition.—The membership of the Advisory Committee shall consist of not more than 35 individuals.
“(C) Representation.—
“(i) In general.—The membership of the Advisory Committee shall satisfy the following criteria:
“(I) Consist of subject matter experts.
“(II) Be geographically balanced.
“(III) Include representatives of State, local, and Tribal governments and of a broad range of industries, which may include the following:
“(aa) Defense.
“(bb) Education.
“(cc) Financial services and insurance.
“(dd) Healthcare.
“(ee) Manufacturing.
“(ff) Media and entertainment.
“(gg) Chemicals.
“(hh) Retail.
“(ii) Transportation.
“(jj) Energy.
“(kk) Information Technology.
“(ll) Communications.
“(mm) Other relevant fields identified by the Director.
“(ii) Prohibition.—Not fewer than one member nor more than three members may represent any one category under clause (i)(III).
“(iii) Publication of membership list.—The Advisory Committee shall publish its membership list on a publicly available website not less than once per fiscal year and shall update the membership list as changes occur.
“(2) Term of office.—
“(A) Terms.—The term of each member of the Advisory Committee shall be two years, except that a member may continue to serve until a successor is appointed.
“(B) Removal.—The Director may review the participation of a member of the Advisory Committee and remove such member any time at the discretion of the Director.
“(C) Reappointment.—A member of the Advisory Committee may be reappointed for an unlimited number of terms.
“(3) Prohibition on compensation.—The members of the Advisory Committee may not receive pay or benefits from the United States Government by reason of their service on the Advisory Committee.
“(4) Meetings.—
“(A) In general.—The Director shall require the Advisory Committee to meet not less frequently than semiannually, and may convene additional meetings as necessary.
“(B) Public meetings.—At least one of the meetings referred to in subparagraph (A) shall be open to the public.
“(C) Attendance.—The Advisory Committee shall maintain a record of the persons present at each meeting.
“(5) Member access to classified information.—
“(A) In general.—Not later than 60 days after the date on which a member is first appointed to the Advisory Committee and before the member is granted access to any classified information, the Director shall determine, for the purposes of the Advisory Committee, if the member should be restricted from reviewing, discussing, or possessing classified information.
“(B) Access.—Access to classified materials shall be managed in accordance with Executive Order No. 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive Order.
“(C) Protections.—A member of the Advisory Committee shall protect all classified information in accordance with the applicable requirements for the particular level of classification of such information.
“(D) Rule of construction.—Nothing in this paragraph shall be construed to affect the security clearance of a member of the Advisory Committee or the authority of a Federal agency to provide a member of the Advisory Committee access to classified information.
“(6) Chairperson.—The Advisory Committee shall select, from among the members of the Advisory Committee—
“(A) a member to serve as chairperson of the Advisory Committee; and
“(B) a member to serve as chairperson of each subcommittee of the Advisory Committee established under subsection (d).
“(d) Subcommittees.—
“(1) In general.—The Director shall establish subcommittees within the Advisory Committee to address cybersecurity issues, which may include the following:
“(A) Information exchange.
“(B) Critical infrastructure.
“(C) Risk management.
“(D) Public and private partnerships.
“(2) Meetings and reporting.—Each subcommittee shall meet not less frequently than semiannually, and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including activities, findings, and recommendations, regarding subject matter considered by the subcommittee.
“(3) Subject matter experts.—The chair of the Advisory Committee shall appoint members to subcommittees and shall ensure that each member appointed to a subcommittee has subject matter expertise relevant to the subject matter of the subcommittee.”
“Sec. 2216. Cybersecurity Advisory Committee.”.
“(R) To encourage and build cybersecurity awareness and competency across the United States and to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department, including by—
“(i) overseeing elementary and secondary cybersecurity education and awareness related programs at the Agency;
“(ii) leading efforts to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department;
“(iii) encouraging and building cybersecurity awareness and competency across the United States; and
“(iv) carrying out cybersecurity related workforce development activities, including through—
“(I) increasing the pipeline of future cybersecurity professionals through programs focused on elementary and secondary education, postsecondary education, and workforce development; and
“(II) building awareness of and competency in cybersecurity across the civilian Federal Government workforce.”
“(11) provide education, training, and capacity development to Federal and non-Federal entities to enhance the security and resiliency of domestic and global cybersecurity and infrastructure security; and”
“SEC. 2217. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.
“(a) Establishment.—
“(1) In general.—The Cybersecurity Education and Training Assistance Program (referred to in this section as ‘CETAP’) is established within the Agency.
“(2) Purpose.—The purpose of CETAP shall be to support the effort of the Agency in building and strengthening a national cybersecurity workforce pipeline capacity through enabling elementary and secondary cybersecurity education, including by—
“(A) providing foundational cybersecurity awareness and literacy;
“(B) encouraging cybersecurity career exploration; and
“(C) supporting the teaching of cybersecurity skills at the elementary and secondary education levels.
“(b) Requirements.—In carrying out CETAP, the Director shall—
“(1) ensure that the program—
“(A) creates and disseminates cybersecurity-focused curricula and career awareness materials appropriate for use at the elementary and secondary education levels;
“(B) conducts professional development sessions for teachers;
“(C) develops resources for the teaching of cybersecurity-focused curricula described in subparagraph (A);
“(D) provides direct student engagement opportunities through camps and other programming;
“(E) engages with State educational agencies and local educational agencies to promote awareness of the program and ensure that offerings align with State and local curricula;
“(F) integrates with existing post-secondary education and workforce development programs at the Department;
“(G) promotes and supports national standards for elementary and secondary cyber education;
“(H) partners with cybersecurity and education stakeholder groups to expand outreach; and
“(I) any other activity the Director determines necessary to meet the purpose described in subsection (a)(2); and
“(2) enable the deployment of CETAP nationwide, with special consideration for underserved populations or communities.
“(c) Briefings.—
“(1) In general.—Not later than 1 year after the establishment of CETAP, and annually thereafter, the Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the program.
“(2) Contents.—Each briefing conducted under paragraph (1) shall include—
“(A) estimated figures on the number of students reached and teachers engaged;
“(B) information on outreach and engagement efforts, including the activities described in subsection (b)(1)(E);
“(C) information on new curricula offerings and teacher training platforms; and
“(D) information on coordination with post-secondary education and workforce development programs at the Department.
“(d) Mission Promotion.—The Director may use appropriated amounts to purchase promotional and recognition items and marketing and advertising services to publicize and promote the mission and services of the Agency, support the activities of the Agency, and to recruit and retain Agency personnel.”
“Sec. 2217. Cybersecurity Education and Training Programs.”.
until 60 days after the date on which the congressional defense committees receive the report required by subsection (d).
“(F) designate a Department of Defense entity to develop, apply, and continually refine an assessment capability for defining and measuring the impact of Department information operations, which entity shall be organizationally independent of Department components performing or otherwise engaged in operational support to Department information operations.”
“CHAPTER 201— DEFINITIONS
“I. Definitions Relating to Defense Acquisition System Generally 3001
“II. Definitions Applicable to Procurement Generally 3011
“III. Definitions Relating to Major Systems and Major Defense Acquisition Programs 3041
“SUBCHAPTER I— DEFINITIONS RELATING TO DEFENSE ACQUISITION SYSTEM GENERALLY
“3001. Defense acquisition system; element of the defense acquisition system.
“3002. Federal Acquisition Regulation.
“3003. Defense Federal Acquisition Regulation Supplement.
“3004. Head of an agency.
“3005. Service chief concerned.
“3006. Acquisition workforce.
Ҥ 3001. Defense acquisition system; element of the defense acquisition system
Ҥ 3002. Federal Acquisition Regulation
Ҥ 3003. Defense Federal Acquisition Regulation Supplement
“[Reserved].
Ҥ 3004. Head of an agency
Ҥ 3005. Service chief concerned
“[Reserved].
Ҥ 3006. Acquisition workforce
“For the definition of the term ‘acquisition workforce’ for the purposes of this part, see section 101(a)(18) of this title.”
“(1) the”
“(2) the management”
; and
“(3) the”
“(1) employs”
“(2) carries out”
; and
“(3) focuses”
“SUBCHAPTER II— DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY
“3011. Definitions incorporated from title 41.
“3012. Competitive procedures.
“3013. Technical data.
“3014. Nontraditional defense contractor.
“3015. Simplified acquisition threshold.
“3016. Chapter 137 legacy provisions.
Ҥ 3011. Definitions incorporated from title 41
Ҥ 3012. Competitive procedures
Ҥ 3013. Technical data
Ҥ 3014. Nontraditional defense contractor
“§ 3015. Simplified acquisition threshold”
Ҥ 3016. Chapter 137 legacy provisions
“In this part, the term ‘chapter 137 legacy provisions’ means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.”
“SUBCHAPTER III— DEFINITIONS RELATING TO MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS
“3041. Major system.
“3042. Major defense acquisition program.
Ҥ 3041. Major system
Ҥ 3042. Major defense acquisition program
“For the definition of the term ‘major defense acquisition program’ for purposes of this part, see section 4201 of this title.”
“(1) the conditions of subsection (c) or (d), as applicable, are satisfied; or
“(2) the system is designated a ‘major system’ by the head of the agency responsible for the system.”
“(1) In general.—For purposes of”
“(2) Adjustment authority.—Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202(b) of this title.”
“CHAPTER 203— GENERAL MATTERS
“Sec.
“3061. [Reserved].
“3062. Regulations.
“3063. Covered agencies.
“3064. Applicability chapter 137 legacy provisions.
“3065. Assignment and delegation of procurement functions and responsibilities: delegation within agency.
“3066. Assignment and delegation of procurement functions and responsibilities: procurements for or with other agencies.
“3067. Approval required for military department termination or reduction in participation in joint acquisition programs.
“3068. Inapplicability of certain laws.
“3069. Buy-to-budget acquisition: end items.
“3070. Limitation on acquisition of excess supplies.
“3071. [Reserved].
“3072. Comptroller General assessment of acquisition programs and initiatives.”.
Ҥ 3062. Regulations
“The Secretary of Defense shall prescribe regulations governing the performance within the Department of Defense of the procurement functions, and related functions, of the Department of Defense.”
Ҥ 3063. Covered agencies
“For purposes of any provision of law referring to this section, the agencies named in this section are the following:
“§ 3064. Applicability of chapter 137 legacy provisions”
“§ 3066. Assignment and delegation of procurement functions and responsibilities: procurements for or with other agencies”
“§ 3067. Approval required for military department termination or reduction in participation in joint acquisition programs”
“§ 3065. Assignment and delegation of procurement functions and responsibilities: delegation within agency”
“§ 3068. Inapplicability of certain laws”
| Old Section No. | New Section No. |
|---|---|
| 2545 | 3101 |
| 2546 | 3103 |
| 2546a | 3102 |
| 2547 | 3104 |
| 2548 | 3105 |
“(1) The” and
; and
“§ 3106. Elements of the defense acquisition system: performance goals”
; and
“§ 3105. Elements of the defense acquisition system: performance assessments”
“3105. Elements of the defense acquisition system: performance assessments.
“3106. Elements of the defense acquisition system: performance goals”.
“CHAPTER 207— BUDGETING AND APPROPRIATIONS
“Sec.
“3131. Availability of appropriations.
“3132. Availability of appropriations for procurement of technical military equipment and supplies.
“3133. Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property.
“3134. Allocation of appropriations.
“3135. Comparable budgeting for common procurement weapon systems.
“3136. Defense Modernization Account.
“3137. Procurement of contract services: specification of amounts requested in budget.
“3138. Obligations for contract services: reporting in budget object classes.”.
“(c) For purposes of sections 3064 and 3066 of this title, this section shall be deemed to be a section of chapter 137 of this title.”
“CHAPTER 209— OPERATIONAL CONTRACT SUPPORT
“I. Joint Policies on Requirements Definition, Contingency Program Management, and Contingency Contracting 3151
“II. Other Provisions Relating to Operational Contract Support 3171
“SUBCHAPTER I— JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY PROGRAM MANAGEMENT, AND CONTINGENCY CONTRACTING
“3151. Joint policy requirement.
“3152. Requirements definition matters covered.
“3153. Contingency program management matters covered.
“3154. Contingency contracting matters covered.
“3155. Training for personnel outside acquisition workforce.
“3156. Mission readiness exercises.
“3157. Definitions; applicability.
Ҥ 3151. Joint policy requirement
Ҥ 3152. Requirements definition matters covered
Ҥ 3153. Contingency program management matters covered
Ҥ 3154. Contingency contracting matters covered
Ҥ 3155. Training for personnel outside acquisition workforce
Ҥ 3156. Mission readiness exercises
Ҥ 3157. Definitions; applicability
“In this subchapter:”
“(1) understand the scope and scale of contractor support they will experience in contingency operations; and
“(2) are prepared for their roles and responsibilities with regard to—
“(A) requirements definition;
“(B) program management (including contractor oversight); and
“(C) contingency contracting.”
“SUBCHAPTER II— OTHER PROVISIONS RELATING TO OPERATIONAL CONTRACT SUPPORT
“3171. Contracts for property or services in support of a contingency operation: competition and review.
“3172. Operational contract support: chain of authority and responsibility within Department of Defense.
Ҥ 3171. Contracts for property or services in support of a contingency operation: competition and review
“[Reserved].
Ҥ 3172. Operational contract support: chain of authority and responsibility within Department of Defense
“[Reserved].”
“221. Planning and Solicitation Generally 3201
“222. Independent Cost Estimation and Cost Analysis 3221
“223. Other Provisions Relating to Planning and Solicitation Generally 3241
“225. Planning and Solicitation Relating to Particular Items or Services 3271”.
“CHAPTER 221— PLANNING AND SOLICITATION GENERALLY
“Sec.
“3201. Full and open competition.
“3202. [Reserved].
“3203. Exclusion of particular source or restriction of solicitation to small business concerns.
“3204. Use of procedures other than competitive procedures.
“3205. Simplified procedures for small purchases.
“3206. Planning and solicitation requirements.
“3207. Assessment before contract for acquisition of supplies is entered into.
“3208. Planning for future competition in contracts for major systems.”.
“§ 3201. Full and open competition”
“(e) New Contracts and Merit-based Selection Procedures.—
“(1) Congressional policy.—It is the policy of Congress that an agency named in section 3063”
Ҥ 3203. Exclusion of particular source or restriction of solicitation to small business concerns
Ҥ 3204. Use of procedures other than competitive procedures
“§ 3205. Simplified procedures for small purchases”
“(a) Exclusion of Particular Source.—
“(1) Criteria for exclusion.—The head of an agency may provide for”
“(A) to maintain”
“(B) to establish”
“(C) to procure”
“(1) Allowable contract period.—The contract period”
“(1) Prerequisites for awarding contract.—Except as provided in paragraphs (3), (4), and (7),”
“(A) In no case”
“(1) Time requirement.—
“(A) Within 14 days after contract award.—Except as provided in”
“(1) The Secretary”
“§ 3206. Planning and solicitation requirements”
“(1) Preparing for procurement.—In preparing for”
“(1) In general.—In prescribing the”
“§ 3207. Assessment before contract for acquisition of supplies is entered into”
“§ 3208. Planning for future competition in contracts for major systems”
“(1) Determining whether proposals are necessary.—The Secretary”
“(1) Determining whether proposals are necessary.—The Secretary”
“(1) Limitation.—Whenever the head of”
“CHAPTER 222— INDEPENDENT COST ESTIMATION AND COST ANALYSIS
“3221. Director of Cost Assessment and Program Evaluation.
“3222. Independent cost estimate required before approval.
“3223. Director: review of cost estimates, cost analyses, and records of the military departments and Defense Agencies.
“3224. Director: participation, concurrence, and approval in cost estimation.
“3225. Discussion of risk in cost estimates.
“3226. Estimates for program baseline and analyses and targets for contract negotiation purposes.
“3227. Guidelines and collection method for acquisition of cost data.
Ҥ 3221. Director of Cost Assessment and Program Evaluation
Ҥ 3222. Independent cost estimate required before approval
Ҥ 3223. Director: review of cost estimates, cost analyses, and records of the military departments and Defense Agencies
Ҥ 3224. Director: participation, concurrence, and approval in cost estimation
Ҥ 3225. Discussion of risk in cost estimates
Ҥ 3226. Estimates for program baseline and analyses and targets for contract negotiation purposes
“§ 3227. Guidelines and collection method for acquisition of cost data”
“(A) the Secretary of Defense;
“(B) the Under Secretary of Defense for Acquisition and Sustainment;
“(C) the Under Secretary of Defense (Comptroller);
“(D) the Secretaries of the military departments; and
“(E) the heads of the Defense Agencies;”
“(1) Funds that are”
“CHAPTER 223— OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY
“Sec.
“3241. Design-build selection procedures.
“3242. Supplies: economic order quantities.
“3243. Encouragement of new competitors: qualification requirement.
“3244. [Reserved].
“3245. [Reserved].
“3246. [Reserved].
“3247. Contracts: regulations for bids.
“3248. Matters relating to reverse auctions.
“3249. Advocates for competition.
“3250. [Reserved].
“3251. [Reserved].
“3252. Requirements for information relating to supply chain risk.”.
“(1) the contracting officer”
“(2) design work”
“(3) the offeror”
; and
“(4) the contracting officer”
“(A) Evaluation factors to be used.—The evaluation factors”
“(i) specialized experience”
“(ii) capability”
“(iii) past performance”
; and
“(iv) other appropriate”
“(A) Number of offerors selected and what is to be evaluated.—The contracting officer”
“(1) An agency”
“(A) will result in”
“(B) does not”
; and
“§ 3243. Encouragement of new competitors: qualification requirement”
“(1) Applicability.—Subsection (b)”
“(A) Submission of determination of unreasonableness.—Except as provided in subparagraph (C),”
“(1) Solicitation and testing of additional sources or products.—If the number of”
“CHAPTER 225— PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES
“Sec.
“3271. [Reserved].”.
“241. Awarding of Contracts 3301
“242. Specific Types of Contracts 3321
“243. Other Matters Relating to Awarding and Types of Contracts 3341
“244. Undefinitized Contractual Actions 3371”.
“CHAPTER 241— AWARDING OF CONTRACTS
“Sec.
“3301. Basis of award and rejection.
“3302. Sealed bids.
“3303. Competitive proposals.
“3304. Post-award debriefings.
“3305. Pre-award debriefings.
“3306. Encouragement of alternative dispute resolution.
“3307. Antitrust violations.
“3308. Protests.
“3309. Prohibition on release of contractor proposals.”.
“§ 3301. Basis of award and rejection”
“§ 3302. Sealed bids”
“§ 3303. Competitive proposals”
“§ 3304. Post-award debriefings”
“§ 3305. Pre-award debriefings”
“§ 3306. Encouragement of alternative dispute resolution”
; and
“§ 3307. Antitrust violations”
Ҥ 3308. Protests
“§ 3309. Prohibition on release of contractor proposals”
“(1) Establishment and access.—If, in the”
“CHAPTER 242— SPECIFIC TYPES OF CONTRACTS
“3321. Contracts awarded using procedures other than sealed-bid procedures.
“3322. Cost contracts.
“3323. Cost-plus contracting prohibited for military construction and military family housing projects.
“3324. Preference for fixed-price contracts.
Ҥ 3321. Contracts awarded using procedures other than sealed-bid procedures
Ҥ 3322. Cost contracts
Ҥ 3323. Cost-plus contracting prohibited for military construction and military family housing projects
Ҥ 3324. Preference for fixed-price contracts
“[Reserved].”
“(1) Content.—Each contract awarded”
“(A) may annul the contract without liability; or
“(B) may deduct”
; and
“(A) to a contract that is for an amount not greater than the simplified acquisition threshold; or
“(B) to a contract”
“(1) In general.—Except as”
; and
“(1) is in addition to the prohibition specified in section 3322(a) of this title”
; and
“(2) applies notwithstanding.”
“CHAPTER 243— OTHER MATTERS RELATING TO AWARDING OF CONTRACTS
“Sec.
“3341. [Reserved].
“3342. [Reserved].
“3343. [Reserved].
“3344. Disclosure of identity of contractor.
“3345. Contract authority for advanced development of initial or additional prototype units.”.
“CHAPTER 244— UNDEFINITIZED CONTRACTUAL ACTIONS
“3371. Undefinitized contractual actions: required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay.
“3372. Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price.
“3373. Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope.
“3374. Undefinitized contractual actions: allowable profit.
“3375. Undefinitized contractual actions: time limit.
“3376. [Reserved].
“3377. Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions.
Ҥ 3371. Undefinitized contractual actions: required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay
Ҥ 3372. Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price
Ҥ 3373. Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope
Ҥ 3374. Undefinitized contractual actions: allowable profit
Ҥ 3375. Undefinitized contractual actions: time limit
“§ 3377. Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions”
“(1) Terms for time for definitization to be included in contractual action.—A contracting officer”
“(2) Limitation on obligation of funds before definitization.—”
“(1) 180-day requirement.—Except as provided in”
“CHAPTER 245— TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)
“Sec.
“3401. Task and delivery order contracts: definitions.
“3402. [Reserved].
“3403. Task and delivery order contracts: general authority.
“3404. Guidance on use of task and delivery order contracts.
“3405. Task order contracts: advisory and assistance services.
“3406. Task and delivery order contracts: orders.”.
“(A) that does not”
; and
“(B) that provides for”
“(A) that does not”
; and
“(B) that provides for”
“(1) an exception”
“(2) the use of such”
; and
“(1) Exercise of authority.—The head of an agency”
“(1) Solicitation.—The solicitation”
“(1) Authority to make multiple awards.—The head of an agency”
“(1) Increase in scope, period, or maximum value of contract only by modification of contract.—A task order may not”
“(1) When contract may be extended.—Notwithstanding the limitation”
“(1) Appointment or designation and responsibilities.—Each head of an agency”
| Old Section No. | New Section No. |
|---|---|
| 2375 | 3452 |
| 2376 | 3451 |
| 2377 | 3453 |
| 2379 | 3455 |
| 2380 | 3456 |
| 2380a | 3457 |
“CHAPTER 249— MULTIYEAR CONTRACTS
“Subchapter Sec.
“I. Multiyear Contracts for Acquisition of Property 3501
“II. Multiyear Contracts for Acquisition of Services 3531
“III. Other Authorities Relating to Multiyear Contracts 3551
“SUBCHAPTER I— MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY
“3501. Multiyear contracts for acquisition of property: authority; definitions.
“3502. Multiyear contracts for acquisition of property: regulations.
“3503. Multiyear contracts for acquisition of property: contract cancellation or termination.
“3504. Multiyear contracts for acquisition of property: participation by subcontractors, vendors, and suppliers.
“3505. Multiyear contracts for acquisition of property: protection of existing authority.
“3506. Department of Defense contracts: acquisition of weapon systems.
“3507. Department of Defense contracts: defense acquisitions specifically authorized by law.
“3508. Department of Defense contracts: notice to congressional committees before taking certain actions.
“3509. Department of Defense contracts: multiyear contracts with value in excess of $500,000,000.
“3510. Department of Defense contracts: additional matters with respect to multiyear defense contracts.
“3511. Increased funding and reprogramming requests.
Ҥ 3501. Multiyear contracts for acquisition of property: authority; definitions
Ҥ 3502. Multiyear contracts for acquisition of property: regulations
Ҥ 3503. Multiyear contracts for acquisition of property: contract cancellation or termination
Ҥ 3504. Multiyear contracts for acquisition of property: participation by subcontractors, vendors, and suppliers
Ҥ 3505. Multiyear contracts for acquisition of property: protection of existing authority
Ҥ 3506. Department of defense contracts: acquisition of weapon systems
Ҥ 3507. Department of defense contracts: defense acquisitions specifically authorized by law
Ҥ 3508. Department of defense contracts: notice to congressional committees before taking certain actions
Ҥ 3509. Department of defense contracts: multiyear contracts with value in excess of $500,000,000
Ҥ 3510. Department of defense contracts: additional matters with respect to multiyear defense contracts
“§ 3511. Increased funding and reprogramming requests”
“(1) Department of defense.—The Secretary of Defense”
“(1) Before any”
“(1) the Secretary determines that”
; and
“(2) the Secretary provides”
“(1) In general.—The Secretary may”
“(b) Report Required Before Entering Into Contract Above Threshold.—”
“(1) Required notice.—The head of an agency”
“SUBCHAPTER II— MULTIYEAR CONTRACTS FOR ACQUISITION OF SERVICES
“3531. Multiyear contracts for acquisition of services: authority; definitions.
“3532. Multiyear contracts for acquisition of services: applicable principles.
“3533. Multiyear contracts for acquisition of services: contract cancellation or termination.
“3534. Multiyear contracts for acquisition of services: contracts with value above $500,000,000 to be specifically authorized by law.
“3535. Multiyear contracts for acquisition of services: notice to congressional committees before taking certain actions.
Ҥ 3531. Multiyear contracts for acquisition of services: authority; definitions
Ҥ 3532. Multiyear contracts for acquisition of services: applicable principles
Ҥ 3533. Multiyear contracts for acquisition of services: contract cancellation or termination
Ҥ 3534. Multiyear contracts for acquisition of services: contracts with value above $500,000,000 to be specifically authorized by law
“§ 3535. Multiyear contracts for acquisition of services: notice to congressional committees before taking certain actions”
“(b) Contract Cancellation Ceilings Exceeding $100,000,000.—”
“SUBCHAPTER III— OTHER AUTHORITIES RELATING TO MULTIYEAR CONTRACTS
“Sec.
“3551. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products.”.
“CHAPTER 251— SIMPLIFIED ACQUISITION PROCEDURES
“Sec.
“3571. Simplified acquisition threshold.
“3572. Implementation of simplified acquisition procedures.
“3573. Micro-purchase threshold.”.
“CHAPTER 253— RAPID ACQUISITION PROCEDURES
“Subchapter Sec.
“I. [Reserved] 3601
“II. [Reserved] 3611”.
“253. Rapid Acquisition Procedures 3601”.
“CHAPTER 257— CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS, AIRCRAFT, AND COMBAT VEHICLES
“3671. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles.
“3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles.
“3673. Limitation on indemnification.
“3674. Long-term lease or charter defined; substantial termination liability.
“3675. Capital lease or lease-purchase treated as an acquisition.
“3676. Guidelines.
“3677. Contracts for lease or use of vessels for a term of greater than two years but less than five years: prior notice to congressional committees.
“3678. Contracts with terms of 18 months or more: limitation.
Ҥ 3671. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles
Ҥ 3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles
Ҥ 3673. Limitation on indemnification
Ҥ 3674. Long-term lease or charter defined; substantial termination liability
Ҥ 3675. Capital lease or lease-purchase treated as an acquisition
Ҥ 3676. Guidelines
Ҥ 3677. Contracts for lease or use of vessels for a term of greater than two years but less than five years: prior notice to congressional committees
Ҥ 3678. Contracts with terms of 18 months or more: limitation
“CHAPTER 258— OTHER TYPES OF CONTRACTS USED FOR PROCUREMENTS FOR PARTICULAR PURPOSES
“3681. Leasing of commercial vehicles and equipment.
“§ 3681. Leasing of commercial vehicles and equipment”
“(1) General rule.—
“(A) In this chapter”
“(A) In the case of”
; and
“257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat”.
“CHAPTER 271— TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS)
“3701. Definitions.
“3702. Required cost or pricing data and certification.
“3703. Exceptions.
“3704. Cost or pricing data on below-threshold contracts.
“3705. Submission of other information.
“3706. Price reductions for defective cost or pricing data.
“3707. Interest and penalties for certain overpayments.
“3708. Right to examine contractor records.
Ҥ 3701. Definitions
Ҥ 3702. Required cost or pricing data and certification
Ҥ 3703. Exceptions
Ҥ 3704. Cost or pricing data on below-threshold contracts
Ҥ 3705. Submission of other information
Ҥ 3706. Price reductions for defective cost or pricing data
Ҥ 3707. Interest and penalties for certain overpayments
“§ 3708. Right to examine contractor records”
“(1) In general.—A prime contract”
“(1) When allowed.—A contractor shall”
“CHAPTER 272— OTHER PROVISIONS RELATING TO COST OR PRICING DATA
“3721. Evaluating the reasonableness of price: guidance and training.
“3722. Grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards.
“3723. Streamlining awards for innovative technology projects: pilot program.
“3724. Risk-based contracting for smaller contract actions under Truth in Negotiations Act: pilot program.
Ҥ 3721. Evaluating the reasonableness of price: guidance and training
“[Reserved].
Ҥ 3722. Grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards
“[Reserved].
Ҥ 3723. Streamlining awards for innovative technology projects: pilot program
“[Reserved].
Ҥ 3724. Risk-based contracting for smaller contract actions under truth in negotiations act: pilot program
“[Reserved].”
“271. Truthful Cost or Pricing Data (Truth in Negotiations) 3701
“272. Other Provisions Relating to Cost or Pricing Data 3721”.
“CHAPTER 273— ALLOWABLE COSTS
“Subchapter Sec.
“I. General 3741
“II. Other Allowable Cost Provisions 3761
“SUBCHAPTER I— GENERAL
“3741. Definitions.
“3742. Adjustment of threshold amount of covered contract.
“3743. Effect of submission of unallowable costs.
“3744. Specific costs not allowable.
“3745. Required regulations.
“3746. Applicability of regulations to subcontractors.
“3747. Contractor certification.
“3748. Penalties for submission of cost known as not allowable.
“3749. Burden of proof on contractor.
“3750. Proceeding costs not allowable.
Ҥ 3741. Definitions
“In this subchapter:
Ҥ 3742. Adjustment of threshold amount of covered contract
Ҥ 3743. Effect of submission of unallowable costs
Ҥ 3744. Specific costs not allowable
Ҥ 3745. Required regulations
Ҥ 3746. Applicability of regulations to subcontractors
Ҥ 3747. Contractor certification
Ҥ 3748. Penalties for submission of cost known as not allowable
Ҥ 3749. Burden of proof on contractor
“§ 3750. Proceeding costs not allowable”
“(1) If the”
; and
“(1) Head of an agency determination.—Pursuant to”
“(1) Authority.—The Secretary”
“(1) When questioned costs may be resolved.—The Federal”
“(1) relates to”
“(2) results in”
; and
“(1) In general.—Except as provided in”
“(A) Maximum amount allowed.—The amount of”
“(i) the complexity of”
“(ii) generally accepted”
; and
“(iii) such other”
; and
“(A) such proceeding”
; and
“(B) the costs”
“Subchapter II— Other Allowable Cost Provisions
“Sec.
“3761. Restructuring costs.
“3762. Independent research and development costs: allowable costs.
“3763. Bid and proposal costs: allowable costs.
“3764. Excessive pass-through charges.
“3765. Institutions of higher education: reimbursement of indirect costs under Department of Defense contracts.”.
“CHAPTER 275— PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA
“Subchapter Sec.
“I. Rights in Technical Data 3771
“II. Validation of Proprietary Data Restrictions 3781
“III. Other Provisions Relating to Proprietary Contractor Data and Rights in Technical Data 3791
“SUBCHAPTER I— RIGHTS IN TECHNICAL DATA
“3771. Rights in technical data: regulations.
“3772. Rights in technical data: provisions required in contracts.
“3773. Domestic business concerns: programs for replenishment parts.
“3774. Major weapon systems and subsystems: long-term technical data needs.
“3775. Definitions.
Ҥ 3771. Rights in technical data: regulations
Ҥ 3772. Rights in technical data: provisions required in contracts
Ҥ 3773. Domestic business concerns: programs for replenishment parts
Ҥ 3774. Major weapon systems and subsystems: long-term technical data needs
“§ 3775. Definitions”
“275. Proprietary Contractor Data and Rights in Technical Data 3771”.
“(1) In general.—The Secretary of”
; and
“(A) any right of the”
; and
“(B) the right of a contractor”
“(A) In general.—Except as provided in paragraphs (6) and (7),”
; and
“(A) Notwithstanding paragraphs (2) and (5)”
“(1) shall specify”
“(2) shall specify”
; and
“(A) to revise”
; and
“(B) to deliver”
“(A) to be”
; and
“(B) to not”
“(1) The Secretary of Defense shall require”
“(A) assess the long-term”
; and
“(B) establish”
; and
“(A) the development”
; and
“(B) competition for”
“(1) The Secretary”
“SUBCHAPTER II— VALIDATION OF PROPRIETARY DATA RESTRICTIONS
“3781. Technical data: contractor justification for restrictions; review of restrictions.
“3782. Technical data: challenges to contractor restrictions.
“3783. Technical data: time for contractors to submit justifications.
“3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense.
“3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition.
“3786. Use or release restriction: definition.
Ҥ 3781. Technical data: contractor justification for restrictions; review of restrictions
Ҥ 3782. Technical data: challenges to contractor restrictions
Ҥ 3783. Technical data: time for contractors to submit justifications
Ҥ 3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense
Ҥ 3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition
“§ 3786. Use or release restriction: definition”
“(1) The Secretary”
“(1) A challenge”
“(1) Upon failure”
; and
“(1) If, upon final”
; and
“SUBCHAPTER III— OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA
“3791. Management of intellectual property matters within the Department of Defense.
“3792. Technical data rights: non-FAR agreements.
“3793. Copyrights, patents, designs, etc.; acquisition.
“3794. Release of technical data under Freedom of Information Act: recovery of costs.
Ҥ 3791. Management of intellectual property matters within the department of defense
“(b) Cadre of Intellectual Property Experts.—For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see section 1707 of this title.”
“CHAPTER 277— CONTRACT FINANCING
“3801. Authority of agency.
“3802. Payment.
“3803. Security for advance payments.
“3804. Conditions for progress payments.
“3805. Payments for commercial products and commercial services.
“3806. Action in case of fraud.
“3807. Vesting of title in the United States.
Ҥ 3801. Authority of agency
Ҥ 3802. Payment
Ҥ 3803. Security for advance payments
Ҥ 3804. Conditions for progress payments
Ҥ 3805. Payments for commercial products and commercial services
Ҥ 3806. Action in case of fraud
“§ 3807. Vesting of title in the United States”
“(1) Prime contractors.—For a prime”
“(1) In order to”
; and
“CHAPTER 279— CONTRACTOR AUDITS AND ACCOUNTING
“3841. Examination of records of contractor.
“3842. Performance of incurred cost audits.
“3843. Contractor internal audit reports: Department of Defense access to, use of, and safeguards and protections for.
“3844. Contractor business systems.
“3845. Contractor inventory accounting systems: standards.
“3846. Defense Contract Audit Agency: legal resources and expertise.
“3847. Defense Contract Audit Agency: annual report.
“3848. Defense audit agencies: Small Business Ombudsmen.
“§ 3841. Examination of records of contractor”
“(1) The head of”
“(1) Authority to require the production of records.—The Director of”
“(1) In general.—Except as”
“§ 3848. Defense audit agencies: Small Business Ombudsmen”
Ҥ 3843. Contractor internal audit reports: Department of Defense access to, use of, and safeguards and protections for
“[Reserved.]
Ҥ 3844. Contractor business systems
“[Reserved.]”
; and
Ҥ 3846. Defense Contract Audit Agency: legal resources and expertise
“[Reserved.]”
“CHAPTER 281— CLAIMS AND DISPUTES
“Sec.
“3861. Research and development contracts: indemnification provisions.
“3862. Requests for equitable adjustment or other relief: certification.
“3863. Retention of amounts collected from contractor during the pendency of contract dispute.”.
“§ 3861. Research and development contracts: indemnification provisions”
“CHAPTER 283— FOREIGN ACQUISITIONS
“Subchapter Sec.
“I. General 3881
“II. Prohibition on Contracting with the Enemy 3891
“SUBCHAPTER I— GENERAL
“Sec.
“3881. Contracts: consideration of national security objectives.”.
“Subchapter II— Prohibition on Contracting With the Enemy
“Sec.
“3891. [Reserved].
“3892. [Reserved].
“3893. [Reserved].”.
“CHAPTER 287— SOCIOECONOMIC PROGRAMS
“Sec.
“3901. Contracts: prohibition on competition between Department of Defense and small businesses.
“3902. Credit for Indian contracting in meeting certain subcontracting goals for small disadvantaged businesses.
“3903. Subcontracting plans: credit for certain purchases.
“3904. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.
“3905. Products of Federal Prison Industries: procedural requirements.”.
“Subpart E— Research and Engineering
“CHAPTER 301— RESEARCH AND ENGINEERING GENERALLY
“Sec.
“4001. Research and development projects.
“4002. Research projects: transactions other than contracts and grants.
“4003. Authority of the Department of Defense to carry out certain prototype projects.
“4004. Procurement for experimental purposes.
“4005. [Reserved].
“4006. [Reserved].
“4007. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation.
“4008. Merit-based award of grants for research and development.
“4009. Technology protection features activities.
“4010. [Reserved].
“4011. [Reserved].
“4012. [Reserved].
“4013. [Reserved].
“4014. Coordination and communication of defense research activities and technology domain awareness.
“4015. Award of grants and contracts to colleges and universities: requirement of competition.”.
“Subpart E— Research and Engineering
“301. Research and Engineering Generally
“303. Innovation
“305. Department of Defense Laboratories
“307. Research and Development Centers and Facilities
“309. Test and Evaluation”.
“(b) Defense Research Facility Defined.—In this section, the term ‘Defense research facility’ has the meaning given that term by section 4142(b) of this title.”
“CHAPTER 303— INNOVATION
“Sec.
“4061. Defense Research and Development Rapid Innovation Program.
“4062. Defense Acquisition Challenge Program.
“4063. Extramural acquisition innovation and research activities.
“4064. Joint reserve detachment of the Defense Innovation Unit.
“4065. Prizes for advanced technology achievements.
“4066. Global Research Watch Program.”.
“CHAPTER 305— DEPARTMENT OF DEFENSE LABORATORIES
“I. General Matters 4101
“II. Personnel-Related Matters 4111
“SUBCHAPTER I— GENERAL MATTERS
“Sec.
“4101. [Reserved].
“4102. [Reserved].
“4103. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.
“SUBCHAPTER II— PERSONNEL-RELATED MATTERS
“Sec.
“4111. Authorities for certain positions at science and technology reinvention laboratories.
“4112. Research and development laboratories: contracts for services of university students.”.
“CHAPTER 307— RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES
“Sec.
“4141. Contracts: acquisition, construction, or furnishing of test facilities and equipment.
“4142. Functions of Defense research facilities.
“4143. Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980.
“4144. Use of test and evaluation installations by commercial entities.
“4145. Cooperative agreements for reciprocal use of test facilities: foreign countries and international organizations.
“4146. Centers for Science, Technology, and Engineering Partnership.
“4147. Use of federally funded research and development centers.”.
| Section | Redesignated Section |
|---|---|
| 2353 | 4141 |
| 2371a | 4143 |
| 2681 | 4144 |
| 2350l | 4145 |
| 2368 | 4146 |
| 2367 | 4147 |
“§ 4142. Functions of Defense research facilities”
“CHAPTER 309— TEST AND EVALUATION
“Sec.
“4171. Operational test and evaluation of defense acquisition programs.
“4172. Major systems and munitions programs: survivability testing and lethality testing required before full-scale production.
“4173. Department of Defense Test Resource Management Center.”.
“Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development
“321. General Matters
“322. Major Systems and Major Defense Acquisition Programs Generally
“323. Life-Cycle And Sustainment
“324. Program Status—Selected Acquisition Reports
“325. Cost Growth—Unit Cost Reports (Nunn-McCurdy)
“327. Weapon Systems Development and Related Matters”.
“Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development
“CHAPTER 321— GENERAL MATTERS
“4201. Major defense acquisition programs: definition; exceptions.
“4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems.
“4203. Major subprograms.
“4204. Milestone decision authority.
“4205. Weapon systems for which procurement funding requested in budget: development and procurement schedules.
Ҥ 4201. Major defense acquisition programs: definition; exceptions
Ҥ 4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems
“§ 4204. Milestone decision authority”
“(A) an eventual”
; and
“(B) an eventual”
“(1) Authority.—The Secretary”
“(1) Authority.—The Secretary”
“(1) After designating”
“(1) certify that”
; and
“(2) identify and report”
“(1) limit outside requirements”
; and
“(2) ensure that”
“§ 4205. Weapon systems for which procurement funding requested in budget: development and procurement schedules”
“CHAPTER 322— MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY
“I. Management 4211
“II. Contracting 4231
“III. Milestones for Major Defense Acquisition Programs 4251
“IV. Additional Provisions Applicable Specifically to Major Defense Acquisition Programs 4271
“III. Contractors 4291
“SUBCHAPTER I— MANAGEMENT
“Sec.
“4211. Acquisition strategy.
“4212. Risk management and mitigation.
“4213. [Reserved].
“4214. Baseline description.
“4215. [Reserved].
“4216. [Reserved].
“4217. [Reserved].
“4218. [Reserved].
“SUBCHAPTER II— CONTRACTING
“Sec.
“4231. Major systems: determination of quantity for low-rate initial production.
“4232. Use of lowest price technically acceptable source selection process: prohibition.
“4233. [Reserved].
“4234. [Reserved].
“4235. [Reserved].
“4236. Negotiation of price for technical data before development, production, or sustainment of major weapon systems.
“SUBCHAPTER III— MILESTONES FOR MAJOR DEFENSE ACQUISITION PROGRAMS
“Sec.
“4251. Major defense acquisition programs: determination required before Milestone A approval.
“4252. Major defense acquisition programs: certification required before Milestone B approval.
“4253. Major defense acquisition programs: submissions to Congress on Milestone C.
“4254. [Reserved].
“SUBCHAPTER IV— ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR DEFENSE ACQUISITION PROGRAMS
“Sec.
“4271. Program cost, fielding, and performance goals in planning major defense acquisition programs.
“4272. Independent technical risk assessments.
“4273. Performance assessments and root cause analyses.
“4274. Acquisition-related functions of chiefs: adherence to requirements in major defense acquisition programs.
“4275. [Reserved].
“4276. [Reserved].
“SUBCHAPTER V— CONTRACTORS
“Sec.
“4291. [Reserved].
“4292. Contracts: limitations on lead system integrators.
“4293. Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States.”.
“§ 4231. Major systems: determination of quantity for low-rate initial production”
“§ 4274. Acquisition-related functions of chiefs of the armed forces: adherence to requirements in major defense acquisition programs”
“(d) Program Capability Document Defined.—In this section, the term ‘program capability document’ has the meaning provided that term in section 4401(b)(5) of this title.”
“CHAPTER 323— LIFE-CYCLE AND SUSTAINMENT
“Sec.
“4321. Development of major defense acquisition programs: sustainment of system to be replaced.
“4322. [Reserved].
“4323. Sustainment reviews.
“4324. Major systems: life-cycle management and product support.
“4325. Major weapon systems: assessment, management, and control of operating and support costs.
“4326. [Reserved].
“4327. [Reserved].
“4328. Weapon system design: sustainment factors.”.
“§ 4325. Major weapon systems: assessment, management, and control of operating and support costs”
“§ 4328. Weapon system design: sustainment factors”
“CHAPTER 324— PROGRAM STATUS–SELECTED ACQUISITION REPORTS
“4350. Selected acquisition reports: termination.
“4351. Selected acquisition reports: definitions.
“4352. Selected acquisition reports: requirement for quarterly reports.
“4353. Selected acquisition reports for 1st quarter of a fiscal year: comprehensive annual report.
“4354. Selected acquisition reports for 2d, 3d, and 4th quarters.
“4355. Selected acquisition reports: quarterly SAR report content.
“4356. Selected acquisition reports: time for submission to Congress; form of report.
“4357. Selected acquisition reports: termination of requirements with respect to a program or subprogram.
“4358. Selected acquisition reports: when total program reporting begins; limited reports before approval to proceed to system development and demonstration.
Ҥ 4350. Selected acquisition reports: termination
Ҥ 4351. Selected acquisition reports: definitions
Ҥ 4352. Selected acquisition reports: requirement for quarterly reports
Ҥ 4353. Selected acquisition reports for 1st quarter of a fiscal year: comprehensive annual report
Ҥ 4354. Selected acquisition reports for 2d, 3d, and 4th quarters
Ҥ 4355. Selected acquisition reports: quarterly SAR report content
Ҥ 4356. Selected acquisition reports: time for submission to Congress; form of report
Ҥ 4357. Selected acquisition reports: termination of requirements with respect to a program or subprogram
“§ 4358. Selected acquisition reports: when total program reporting begins; limited reports before approval to proceed to system development and demonstration”
“(1) The Secretary”
“(A) current major defense acquisition programs; and
“(B) any program that is estimated by the Secretary of Defense to require—
“(i) an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars); or
“(ii) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars).”
“(1) Authority.—The Secretary”
“(1) Information needed by congressional committees.—Each Selected”
; and
“(1) Commencement of total program reporting.—Total program reporting under this chapter”
; and
“CHAPTER 325— COST GROWTH—UNIT COST REPORTS (NUNN-MCCURDY)
“4371. Cost growth definitions; applicability of reporting requirements; constant base year dollars.
“4372. Unit cost reports: quarterly report from program manager to service acquisition executive.
“4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold.
“4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress.
“4375. Breach of significant cost growth threshold or critical cost growth threshold: required action.
“4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination.
“4377. Breach of critical cost growth threshold: actions if program not terminated.
Ҥ 4371. Cost growth definitions; applicability of reporting requirements; constant base year dollars
Ҥ 4372. Unit cost reports: quarterly report from program manager to service acquisition executive
Ҥ 4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold
Ҥ 4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress
Ҥ 4375. Breach of significant cost growth threshold or critical cost growth threshold: required action
Ҥ 4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination
“§ 4377. Breach of critical cost growth threshold: actions if program not terminated”
“(1) Requirement.—The program manager for”
; and
“(1) In general.—If, based upon”
“(1) General rule.—Except as provided in paragraph (2),”
“(1) Prohibition.—If a determination”
“(1) Limited reporting.—If a program acquisition unit cost”
“(1) Termination unless secretary submits certification and report.—After conducting”
“(1) Conditions for inapplicability.—The requirements of paragraphs (2), (3), and (5) of subsection (a)”
; and
“CHAPTER 327— WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS
“I. Modular Open System Approach in Development of Weapon Systems 4401
“II. Development, Prototyping, and Deployment of Weapon System Components or Technology 4421
“SUBCHAPTER I— MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON SYSTEMS
“Sec.
“4401. Requirement for modular open system approach in major defense acquisition programs; definitions.
“4402. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design.
“4403. Requirements relating to availability of major system interfaces and support for modular open system approach.
“SUBCHAPTER II— DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY
“Sec.
“4421. Weapon system component or technology prototype projects: display of budget information.
“4422. Weapon system component or technology prototype projects: oversight.
“4423. Requirements and limitations for weapon system component or technology prototype projects.
“4424. Mechanisms to speed deployment of successful weapon system component or technology prototypes.
“4425. Definition of weapon system component.”.
“341. Acquisition of Services Generally 4501
“343. Acquisition of Services of Contractors Performing Private Security Functions 4541”.
“CHAPTER 341— ACQUISITION OF SERVICES GENERALLY
“Sec.
“4501. Procurement of contract services: management structure.
“4502. Procurement of contract services: senior officials responsible for management of acquisition of contract services.
“4503. [Reserved].
“4504. [Reserved].
“4505. Procurement of services: tracking of purchases.
“4506. Procurement of services: data analysis and requirements validation.
“4507. Procurement of services: contracts for professional and technical services.
“4508. Contractor performance of acquisition functions closely associated with inherently governmental functions.
“4509. Contracts for advisory and assistance services: cost comparison studies.”.
Ҥ 4502. Procurement of contract services: senior officials responsible for management of acquisition of contract services
“(a) Senior Officials.—The management structure implemented pursuant to section 4501 of this title shall provide for the following:”
“(f) Contract Services.—In this section, the term ‘contract services’ has the meaning given that term in section 4502(d)(2) of this title.”
“CHAPTER 343— ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS
“I. Contractors Performing Private Security Functions in Areas of Combat Operations or Other Significant Military Operations 4541
“II. Standards and Certification for Private Security 4551
“SUBCHAPTER I— CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY OPERATIONS
“Sec.
“4541. [Reserved].
“SUBCHAPTER II— STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY CONTRACTORS
“Sec.
“4551. [Reserved].”.
“CHAPTER 345— ACQUISITION OF INFORMATION TECHNOLOGY
“Sec.
“4571. Information technology acquisition: planning and oversight processes.
“4572. [Reserved].
“4573. [Reserved].
“4574. [Reserved].
“4575. [Reserved].
“4576. Requirement for consideration of certain matters during acquisition of noncommercial computer software.”.
“§ 4571. Information technology acquisition: planning and oversight processes”
“CHAPTER 361— CONTRACT ADMINISTRATION
“Sec.
“4601. Electronic submission and processing of claims for contract payments.
“4602. Contracted property and services: prompt payment of vouchers.
“4603. Advance notification of contract performance outside the United States.”.
“CHAPTER 363— PROHIBITION AND PENALTIES
“Sec.
“4651. Expenditure of appropriations: limitation.
“4652. Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs.
“4653. Prohibition on use of funds to relieve economic dislocations.
“4654. Prohibition on doing business with certain offerors or contractors.
“4655. Prohibition of contractors limiting subcontractor sales directly to the United States.
“4656. Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors.
“4657. Prohibition on criminal history inquiries by contractors prior to conditional offer.
“4658. Debarment of persons convicted of fraudulent use of ‘Made in America’ labels.
“4659. Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel.
“4660. Prohibition on collection of political information.”.
| Section | Redesignated Section |
|---|---|
| 2207 | 4651 |
| 2249 | 4652 |
| 2392 | 4653 |
| 2393 | 4654 |
| 2402 | 4655 |
| 2408 | 4656 |
| 2339 | 4657 |
| 2410f | 4658 |
| 2410i | 4659 |
| 2335 | 4660 |
“CHAPTER 365— CONTRACTOR WORKFORCE
“Sec.
“4701. Contractor employees: protection from reprisal for disclosure of certain information.
“4702. Incentives and consideration for qualified training programs.
“4703. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers’ aides.
“4704. Defense contractors: listing of suitable employment openings with local employment service office.”.
“CHAPTER 367— OTHER ADMINISTRATIVE MATTERS
“Sec.
“4751. Determinations and decisions.
“4752. Remission of liquidated damages.
“4753. Supplies: identification of supplier and sources.
“4754. Management of purchase cards.”.
“381. Defense Industrial Base Generally 4801
“382. Policies and Planning 4811
“383. Development, Application, & Support of Dual-Use Technologies 4831
“384. Manufacturing Technology 4841
“385. Other Technology Base Policies and Programs 4851”.
“CHAPTER 381— DEFENSE INDUSTRIAL BASE GENERALLY
“Sec.
“4801. Definitions.”.
“(16) The term ‘chapter 148 legacy provision’ means any of the following provisions of this subpart: sections 4801, 4811–4819, 4831–4834, 4841–4843, 4851, 4852, 4861–4864, 4871, 4872, 4881–4884, 4891, and 4892, and chapter 389.”
“CHAPTER 382— POLICIES AND PLANNING
“Sec.
“4811. National security strategy for national technology and industrial base.
“4812. National Defense Technology and Industrial Base Council.
“4813. National defense program for analysis of the technology and industrial base.
“4814. Annual report to Congress.
“4815. Unfunded priorities of the national technology and industrial base: annual report.
“4816. National technology and industrial base: periodic defense capability assessments.
“4817. Industrial Base Fund.
“4818. Data collection authority of President.
“4819. Modernization of acquisition processes to ensure integrity of industrial base.”.
| Section | Redesignated Section |
|---|---|
| 2501 | 4811 |
| 2502 | 4812 |
| 2503 | 4813 |
| 2504 | 4814 |
| 2504a | 4815 |
| 2505 | 4816 |
| 2508 | 4817 |
| 2507 | 4818 |
| 2509 | 4819 |
“(c) Department of Defense Technology and Industrial Base Policy Guidance.—”
“CHAPTER 383— DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE TECHNOLOGIES
“Sec.
“4831. Defense dual-use critical technology program.
“4832. Encouragement of technology transfer.
“4833. Federal Defense Laboratory Diversification Program.
“4834. Overseas foreign critical technology monitoring and assessment financial assistance program.”.
| Section | Redesignated Section |
|---|---|
| 2511 | 4831 |
| 2514 | 4832 |
| 2519 | 4833 |
| 2518 | 4834 |
“CHAPTER 384— MANUFACTURING TECHNOLOGY
“Sec.
“4841. Manufacturing Technology Program.
“4842. Joint Defense Manufacturing Technology Panel.
“4843. Armament retooling and manufacturing.”.
“§ 4842. Joint Defense Manufacturing Technology Panel”
“CHAPTER 385— OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS
“I. Defense Trade Reciprocity and Offset Policy 4851
“II. Limitations on Procurement of Certain Items from Foreign Sources 4861
“III. Limitations on Procurement from Certain Foreign Sources 4871
“IV. Defense Industrial Reserve and Industrial Mobilization 4881
“V. Other Matters 4891
“SUBCHAPTER I— DEFENSE TRADE RECIPROCITY AND OFFSET POLICY
“Sec.
“4851. Defense memoranda of understanding and related agreements.
“4852. Offset policy; notification.”.
“SUBCHAPTER II— LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM FOREIGN SOURCES
“Sec.
“4861. Determinations of public interest under chapter 83 of title 41.
“4862. Requirement to buy certain articles from American sources; exceptions.
“4863. Requirement to buy strategic materials critical to national security from American sources; exceptions.
“4864. Miscellaneous limitations on the procurement of goods other than United States goods.”.
“SUBCHAPTER III— LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN SOURCES
“Sec.
“4871. Acquisition of sensitive materials from non-allied foreign nations: prohibition.
“4872. Award of certain contracts to entities controlled by a foreign government: prohibition.”.
“§ 4871. Acquisition of sensitive materials from non-allied foreign nations: prohibition”
“SUBCHAPTER IV— DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION
“Sec.
“4881. Defense Industrial Reserve.
“4882. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations.
“4883. Industrial mobilization: plants; lists.
“4884. Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness.”.
“SUBCHAPTER V— OTHER MATTERS
“Sec.
“4891. Improved national defense control of technology diversions overseas.
“4892. Availability of samples, drawings, information, equipment, materials, and certain services.”.
“CHAPTER 387— SMALL BUSINESS PROGRAMS
“I. General 4901
“SUBCHAPTER I— GENERAL
“Sec.
“4901. Department of Defense small business strategy.”.
“CHAPTER 388— PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM
“4951. Purposes; definitions; regulations.
“4952. Cooperative agreements.
“4953. Funding.
“4954. Distribution.
“4955. Subcontractor information.
“4956. Authority to provide certain types of technical assistance.
“4957. Advancing small business growth.
“4958. [Reserved].
“4959. Administrative and other costs.
“§ 4951. Purposes; definitions; regulations”
“CHAPTER 389— LOAN GUARANTEE PROGRAMS
“Subchapter Sec.
“I. Defense Export Loan Guarantees 4971
“II. Critical Infrastructure Protection Loan Guarantees 4981”.
“387. Small Business Programs 4901
“388. Procurement Technical Assistance Cooperative Agreement Program 4951
“389. Loan Guarantee Programs 4971”.
“§ 8684a. Repair, maintenance, or overhaul of naval vessels: rate for progress payments”
; and
“§ 8688a. Construction and conversion of naval vessels: liens”
; and
“8684a. Repair, maintenance, or overhaul of naval vessels: rate for progress payments.”;
“8688a. Construction and conversion of naval vessels: liens.”.
“§ 1707. Cadre of intellectual property experts”
“(1) shall establish”
; and
“(2) shall determine”
“(1) In order to”
“8751. Notification of Navy procurement production disruptions.”.
“2922i. Multiyear contracts: purchase of electricity from renewable energy sources.”.
“PART IV— SERVICE, SUPPLY, AND PROPERTY”
.
“Part IV— Service, Supply, and Property”.
“PART 141— MISCELLANEOUS PROVISIONS RELATING TO PROPERTY”
.
“141. Miscellaneous Provisions Relating to Property 2381”.
“2385. Arms and ammunition: immunity from taxation.
“2387. Contract working dogs: requirement to transfer animals to 341st Training Squadron after service life.
“2388. Security clearances for facilities of certain companies.
“2389. Ensuring safety regarding insensitive munitions.
“2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense.
“2391. Military base reuse studies and community planning assistance.
“2396. Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, public utility services, and pay and supplies of armed forces of friendly foreign countries.”.