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PLAW-116publ283.pdf

Wireless Emergency Alerts (WEA) Handset Displays and False Alert Reporting

NDAA2021

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PUBLIC LAW 116–283—JAN. 1, 2021

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WILLIAM M. (MAC) THORNBERRY
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2021

★ (Star Print)

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134 STAT. 3388

PUBLIC LAW 116–283—JAN. 1, 2021

Public Law 116–283
116th Congress
An Act
Jan. 1, 2021
[H.R. 6395]

William M. (Mac)
Thornberry
National Defense
Authorization
Act for Fiscal
Year 2021.

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

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into eight divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—National Artificial Intelligence Initiative
Act of 2020
(6) Division F—Anti-Money Laundering
(7) Division G—Elijah E. Cummings Coast Guard
Authorization Act of 2020
(8) Division H—Other Matters
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Short title.
Organization of Act into divisions; table of contents.
Congressional defense committees.
Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.

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Subtitle B—Army Programs
Sec. 111. Modifications to requirement for an interim cruise missile defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual Augmentation
System.
Sec. 113. Assessment of investment and sustainment for procurement of cannon
tubes.
Subtitle C—Navy Programs
Sec. 121. Limitation on alteration of the Navy fleet mix.

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PUBLIC LAW 116–283—JAN. 1, 2021
Sec.
Sec.
Sec.
Sec.
Sec.

122.
123.
124.
125.
126.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.
135.
136.
137.
138.

134 STAT. 3389

Limitations on Navy medium and large unmanned surface vessels.
Fighter force structure acquisition strategy.
Procurement authorities for certain amphibious shipbuilding programs.
Land-based test program for the FFG(X) Frigate program.
Treatment in future budgets of the President of systems added by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy waterborne security barriers.
Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure
full spectrum electromagnetic superiority.

Sec. 139.
Sec. 140.
Sec. 141.
Sec. 142.
Sec.
Sec.
Sec.
Sec.

143.
144.
145.
146.

Sec. 147.

Subtitle D—Air Force Programs
Minimum operational squadron level.
Modification of force structure objectives for bomber aircraft.
Minimum bomber aircraft force level.
Required minimum inventory of tactical airlift aircraft.
Inventory requirements for air refueling tanker aircraft.
Authority to use F–35A fighter aircraft AT–1 through AT–6.
F–35 aircraft gun system ammunition.
Extension of limitation on availability of funds for retirement of RC–135
aircraft.
Modification to limitation on retirement of U–2 and RQ–4 aircraft.
Modification of limitation on availability of funds for retirement of E–8
JSTARS aircraft.
Limitation on divestment of F–15C aircraft within the European theater.
Modernization plan for airborne intelligence, surveillance, and reconnaissance.
RC–26B manned intelligence, surveillance, and reconnaissance aircraft.
Prohibition on funding for Close Air Support Integration Group.
Required solution for KC–46 aircraft remote visual system limitations.
Analysis of moving target indicator requirements and Advanced Battle
Management System capabilities.
Study on measures to assess cost-per-effect for key mission areas.

Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air
Force.
Sec. 152. Transfer of responsibilities and functions relating to electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for F–35 aircraft program.
Sec. 159. Documentation relating to the F–35 aircraft program.
Sec. 160. F–35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information System for the
F–35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F–35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned aircraft
systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command.
Sec. 166. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat aircraft locator
beacons.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of requirements relating to certain cooperative research and
development agreements.

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134 STAT. 3390

PUBLIC LAW 116–283—JAN. 1, 2021

Sec. 212. Disclosure requirements for recipients of Department of Defense research
and development funds.
Sec. 213. Modification of national security innovation activities and pilot program
on strengthening the defense industrial and innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas supportive of
the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science research activities.
Sec. 221. Accountability measures relating to the Advanced Battle Management
System.
Sec. 222. Activities to improve fielding of Air Force hypersonic capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the Department of
Defense.
Sec. 225. Demonstration project on use of certain technologies for fifth-generation
wireless networking services.
Sec. 226. Research, development, and deployment of technologies to support water
sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C—Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research, development, and
transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence Center.
Sec. 234. Application of artificial intelligence to the defense reform pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial intelligence
technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D—Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for Transformation
(SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical talent and
expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering, and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best practices for
technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced technologies.
Sec. 249. Part-time and term employment of university faculty and students in the
Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity activities.
Sec. 251. Coordination of scholarship and employment programs of the Department
of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality talent in
the Department of Defense.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

261.
262.
263.
264.
265.
266.
267.

Subtitle E—Sustainable Chemistry
National coordinating entity for sustainable chemistry.
Strategic plan for sustainable chemistry.
Agency activities in support of sustainable chemistry.
Partnerships in sustainable chemistry.
Prioritization.
Rule of construction.
Major multi-user research facility project.

Subtitle F—Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational Test and
Evaluation.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3391

Sec. 272. Modification to Test Resource Management Center strategic plan reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to include assessment of feasibility and advisability of establishing a program office for
energetics.
Sec. 274. Element in annual reports on cyber science and technology activities on
work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic testing
equipment.
Sec. 278. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of Defense.
Sec. 280. Reports on F–35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems for Low-Cost
Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the United
States to recruit and retain researchers in national security-related and
defense-related fields.
TITLE III—OPERATION AND MAINTENANCE

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Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of
mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration projects of National Guard.
Sec. 315. Modification of authority to carry out military installation resilience
projects.
Sec. 316. Energy resilience and energy security measures on military installations.
Sec. 317. Modification to availability of energy cost savings for Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills of aqueous
film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary flows, spills,
or discharges of pollution or debris from the Tijuana River on personnel,
activities, and installations of Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement Fund of
the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red Hill Bulk
Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy for Rhine
Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions levels.
Sec. 329. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting agent.
Sec. 331. Survey of technologies for Department of Defense application in phasing
out the use of fluorinated aqueous film-forming foam.
Sec. 332. Interagency body on research related to per- and polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-forming foam.

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PUBLIC LAW 116–283—JAN. 1, 2021

Sec. 335. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs with respect to need and wildfire risk.
Subtitle C—Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot maintenance budget
report.
Sec. 344. Clarification of limitation on length of overseas forward deployment of
currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure Optimization
Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon systems.
Sec. 348. Repeal of statutory requirement for notification to Director of Defense Logistics Agency three years prior to implementing changes to any uniform or uniform component.
Sec.
Sec.
Sec.
Sec.

351.
352.
353.
354.

Sec.
Sec.
Sec.
Sec.
Sec.

361.
362.
363.
364.
365.

Sec. 366.
Sec. 367.
Sec. 368.
Sec. 369.
Sec. 370.

Subtitle D—Munitions Safety and Oversight
Chair of Department of Defense explosive safety board.
Explosive Ordnance Disposal Defense Program.
Assessment of resilience of Department of Defense munitions enterprise.
Report on safety waivers and mishaps in Department of Defense munitions enterprise.
Subtitle E—Other Matters
Pilot program for temporary issuance of maternity-related uniform items.
Servicewomen’s Commemorative Partnerships.
Biodefense analysis and budget submission.
Update of National Biodefense Implementation Plan.
Plans and reports on emergency response training for military installations.
Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations.
Adjustment in availability of appropriations for unusual cost overruns
and for changes in scope of work.
Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist
attacks on installations of Department of Defense.
Clarification of food ingredient requirements for food or beverages provided by the Department of Defense.
Commission on the naming of items of the Department of Defense that
commemorate the Confederate States of America or any person who
served voluntarily with the Confederate States of America.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum levels.
Sec. 403. Modification of the authorized number and accounting method for senior
enlisted personnel.
Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for Reserves on active duty in support of the Reserves.
End strengths for military technicians (dual status).
Maximum number of reserve personnel authorized to be on active duty
for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths for nontemporary military technicians (dual status) and end strengths for temporary military technicians (dual status).
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Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.

Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.

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134 STAT. 3393

TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths of general and flag officers on active duty.
Sec. 502. Temporary expansion of availability of enhanced constructive service
credit in a particular career field upon original appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of higher
placement on promotion list of officers of particular merit.
Sec. 505. Special selection review boards for review of promotion of officers subject
to adverse information identified after recommendation for promotion
and related matters.
Sec. 506. Number of opportunities for consideration for promotion under alternative
promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired grade of
commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy officers designated for engineering duty, aeronautical engineering duty, and special
duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral–21 program.
Subtitle B—Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in high-demand, low-density assignments during war or national emergency.
Sec. 512. Expansion of Junior Reserve Officers’ Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve Officers’ Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the reserve components.
Sec. 515. Modification of education loan repayment program for members of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency travel or duty restrictions in computations of entitlement to and amounts of retired pay
for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who perform
certain service in response to the COVID–19 emergency.
Sec. 518. Direct employment pilot program for certain members of the reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and CSPI programs at Historically Black Colleges and Universities and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to the
COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States responding to
major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by the National Guard.
Sec. 519D. Study and report on ROTC recruitment.

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Subtitle C—General Service Authorities and Correction of Military Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records furnished to
promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on sexual
orientation.
Subtitle D—Prevention and Response To Sexual Assault, Harassment, and Related
Misconduct
Sec. 531. Modification of time required for expedited decisions in connection with
applications for change of station or unit transfer of members who are
victims of sexual assault or related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct.

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Sec. 534. Additional matters for 2021 report of the Defense Advisory Committee for
the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among duties
of Defense Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged victims and
alleged perpetrators in incidents of sexual assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for discharging the sexual harassment policies and programs of the Department.
Sec. 539C. Reports on status of investigations of alleged sex-related offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and Sexual
Assault Prevention and Response Victim Advocates to perform duties.
Sec. 539E. Briefing on Special Victims’ Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code of Military
Justice regarding certain post-trial motions, filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal Background Check
System.
Sec. 545. Removal of personally identifying and other information of certain persons from investigative reports, the Department of Defense Central
Index of Investigations, and other records and databases.
Sec. 546. Briefing on mental health support for vicarious trauma for certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on implementation by
the Armed Forces of recent GAO recommendations and statutory requirements on assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 548. Legal assistance for veterans and surviving spouses and dependents.
Sec. 549. Clarification of termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness or die while in
military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and response to incidents of child abuse, adult crimes against children, and serious harmful behavior between children and youth involving military dependents
on military installations.
Sec. 549C. Independent analysis and recommendations on domestic violence in the
Armed Forces.

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Subtitle F—Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related matters.
Sec. 552. National emergency exception for timing requirements with respect to
certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in Department of
Defense; supremacist, extremist, or criminal gang activity in the Armed
Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for members of
the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain units of the
Armed Forces.
Sec. 558. Comptroller General of the United States report on equal opportunity at
the military service academies.
Subtitle G—Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.

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Sec. 563. Feasibility study on establishment of service medal for radiation-exposed
veterans.
Sec. 564. Expressing support for the designation of Silver Star Service Banner Day.
Subtitle H—Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United States Air
Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military service academies.
Sec. 576. Report on potential improvements to certain military educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line programs of
the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications to civilian
occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service officers.

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Subtitle I—Military Family Readiness and Dependents’ Education
Sec. 581. Family readiness: definitions; communication strategy; review; report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and immediate
family members.
Sec. 584. Responsibility for allocation of certain funds for military child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement Account
program.
Sec. 587. Improvements to partner criteria of the Military Spouse Employment
Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of the Armed
Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at domestic dependent
elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of the
Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students with special needs.
Sec. 589H. Studies and reports on the performance of the Department of Defense
Education Activity.
Subtitle J—Other Matters and Reports
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of Defense
STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance Disposal
Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special purpose adjunct
to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the assessment
of the effectiveness of activities of the Federal Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of other
Armed Forces when members of the Armed Force of the deceased are
unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on members
of the Armed Forces and best practices to prevent future financial hardships.

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Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the Comprehensive Review of Special Operations Forces Culture and Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II veterans
on national security, foreign policy, and economic and humanitarian interests of the United States.
TITLE VI—MILITARY COMPENSATION
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity leave
taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive basic
allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and transportation
allowances.
Sec. 605. Expansion of travel and transportation allowances to include fares and
tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the Space Force.
Subtitle B—Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Increase in special and incentive pays for officers in health professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the uniformed
services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship required for
family separation allowance for members of the uniformed services.
Subtitle C—Disability Pay, Retired Pay, and Family and Survivor Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves while on
duty.
Sec. 622. Restatement and clarification of authority to reimburse members for
spouse relicensing costs pursuant to a permanent change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child care services
and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of the Armed
Forces whose spouse agrees to provide family home day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by military
spouses.
Sec. 629. Report on implications of expansion of authority to provide financial assistance to civilian providers of child care services or youth program
services for survivors of members of the Armed Forces who die in the
line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for surviving
remarried spouses with dependent children of members of the Armed
Forces who die while on active duty or certain reserve duty.
Subtitle D—Defense Resale Matters
Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the defense resale system.
Subtitle E—Other Personnel Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government lodging
program.
Sec. 643. Operation of Stars and Stripes.

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TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency medical treatment provided at military medical treatment facilities.

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Sec. 703. Authority for Secretary of Defense to manage provider type referral and
supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care Health
Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the reserve
components.
Sec. 706. Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program.
Subtitle B—Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical supplies in national security strategy for national technology and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the Health
Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services University of the
Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the Health
Sciences from certain Paperwork Reduction Act requirements.
Sec. 717. Modification to limitation on the realignment or reduction of military
medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or realignment of
military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to electronic
health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in postdeployment
health reassessments.

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Subtitle C—Matters Relating to COVID–19
Sec. 731. COVID–19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the National Guard
serving under orders in response to the coronavirus (COVID–19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with COVID–19.
Sec. 735. Health assessments of veterans diagnosed with pandemic diseases to determine exposure to open burn pits and toxic airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health services to members of the Armed Forces during the COVID–19 pandemic.
Subtitle D—Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical treatment at
military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among military
aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of the Armed
Forces stationed at remote installations outside the contiguous United
States.
Sec. 753. Study on medevac helicopters and ambulances at certain military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental health
conditions among members of the Armed Forces and their dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the National
Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across Armed Forces.

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Sec. 757. Study on force mix options and service models to enhance readiness of
medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of Defense.
Subtitle E—Mental Health Services From Department of Veterans Affairs for
Members of Reserve Components
Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces.
Sec. 763. Provision of mental health services from Department of Veterans Affairs
to members of reserve components of the Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health programs
of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by Department of
Veterans Affairs to members of the Armed Forces.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Report on acquisition risk assessment and mitigation as part of Adaptive
Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major defense acquisition
program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier acquisition program.
Sec. 806. Definition of material weakness for contractor business systems.
Sec. 807. Space system acquisition and the adaptive acquisition framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial Intelligence
Center.
Sec. 809. Assessments of the process for developing capability requirements for Department of Defense acquisition programs.

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Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition programs
and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of Defense
contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign ownership, control, or
influence of Department of Defense contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for employing
or subcontracting with members of the Selected Reserve.
Subtitle C—Provisions Relating to Software and Technology
Sec. 831. Contract authority for development and demonstration of initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and acquisition.
Sec. 836. Digital modernization of analytical and decision-support processes for
managing and overseeing Department of Defense acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual property, technology, and other data and information.

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Sec. 838. Comptroller General report on implementation of software acquisition reforms.
Sec. 839. Comptroller General report on intellectual property acquisition and licensing.
Subtitle D—Industrial Base Matters
Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition processes to ensure
integrity of industrial base and inclusion of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal products.
Sec. 845. Miscellaneous limitations on the procurement of goods other than United
States goods.
Sec. 846. Improving implementation of policy pertaining to the national technology
and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to eliminating
the gaps and vulnerabilities in the national technology and industrial
base.
Sec. 848. Supply of strategic and critical materials for the Department of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing and industrial
capacity.
Sec. 850. Implementation of recommendations for assessing and strengthening the
manufacturing and defense industrial base and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.
Subtitle E—Small Business Matters
Sec. 861. Initiatives to support small businesses in the national technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and controlled
by veterans or service-disabled veterans to the Small Business Administration.
Sec. 863. Employment size standard requirements for small business concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small Business
Innovation Research Program and the Small Business Technology
Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged Business Utilization.
Sec. 871. Category management training.

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Subtitle F—Other Matters
Sec. 881. Review of and report on overdue acquisition and cross-servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that require nondisclosure agreements relating to waste, fraud, or abuse.
Sec. 884. Program management improvement officers and program management
policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency contract
and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation base.
Sec. 890. Identification of certain contracts relating to construction or maintenance
of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under certain contracts during the COVID–19 national emergency.

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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Repeal of position of Chief Management Officer of the Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the Office of the
Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to identify,
task, and manage Congressional reporting requirements.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative content delivery
methods within the Defense Media Activity.
Subtitle C—Space Force Matters
Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title 10, United
States Code.
Sec. 924. Amendments to other provisions of title 10, United States Code.
Sec. 925. Amendments to provisions of law relating to pay and allowances.
Sec. 926. Amendments to provisions of law relating to veterans’ benefits.
Sec. 927. Amendments to other provisions of the United States Code and other
laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members in pay
grades E–8 and E–9.
Sec. 930. Limitation on transfer of military installations to the jurisdiction of the
Space Force.
Sec. 931. Organization of the Space Force.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation Plan to
fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the Department of
Defense of unqualified audit opinions on the financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of officers providing reports of unfunded priorities.

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Subtitle B—Counterdrug Activities
Sec. 1011. Quarterly reports on Department of Defense support provided to other
United States agencies for counterdrug activities and activities to
counter transnational organized crime.
Subtitle C—Naval Vessels
Sec. 1021. Limitation on availability of certain funds without naval vessels plan
and certification.
Sec. 1022. Limitations on use of funds in National Defense Sealift Fund for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally funded
contracts to provide full funding for Columbia class submarines.
Sec. 1024. Preference for United States vessels in transporting supplies by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in foreign shipyards.

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Sec. 1026. Biennial report on shipbuilder training and the defense industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of funds for retirement of certain legacy maritime mine countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for certain Navy
mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding industrial base
workforce.
Sec. 1030. Limitation on naval force structure changes.
Subtitle D—Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine activities
that support operational preparation of the environment.
Sec. 1053. Sale or donation of excess Department of Defense personal property for
law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft carriers before
first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership Program.
Sec. 1056. Modification and technical correction to Department of Defense authority to provide assistance along the southern land border of the United
States.
Sec. 1057. Limitation on use of funds for retirement of A–10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States equipment
or additional forces in host countries with at-risk vendors in 5G or 6G
networks.
Sec. 1059. Public availability of Department of Defense legislative proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific in the
Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher education
hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel, active duty
members of the Armed Forces, and National Guard personnel in support
of Federal authorities to respond to civil disturbances.
Sec.
Sec.
Sec.
Sec.

1071.
1072.
1073.
1074.

Sec. 1075.
Sec. 1076.
Sec. 1077.
Sec. 1078.

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Sec. 1079.

Subtitle F—Studies and Reports
FFRDC study of explosive ordnance disposal agencies.
Study on force structure for Marine Corps aviation.
Report on joint training range exercises for the Pacific region.
Reports on threats to United States forces from small unmanned aircraft
systems worldwide.
Under Secretary of Defense (Comptroller) reports on improving the
budget justification and related materials of the Department of Defense.
Quarterly briefings on Joint All Domain Command and Control effort.
Report on civilian casualty resourcing and authorities.
Comptroller General Review of Department of Defense efforts to prevent
resale of goods manufactured by forced labor in commissaries and exchanges.
Comptroller General report on Department of Defense processes for responding to congressional reporting requirements.

Subtitle G—Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on military
installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties resulting
from United States military operations.

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Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086. Duties of Secretary under uniformed and overseas citizens absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of National
Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring requirements for
certain military training.
Sec. 1091. Personal protective equipment matters.
TITLE XI—CIVILIAN PERSONNEL MATTERS

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Subtitle A—General Provisions
Sec. 1101. Department of Defense policy on unclassified workspaces and job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in connection
with transfer ceremonies of certain civilian employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian employees
working overseas.
Sec. 1106. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed Forces to
positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project for the
Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers’ compensation payments and
other payments for Federal Government personnel under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual leave for
Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent and
Trademark Office.
Sec. 1113. Extension of rate of overtime pay authority for Department of the Navy
employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.
Sec. 1114. Enhanced pay authority for certain acquisition and technology positions
in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology positions in
the science and technology reinvention laboratories of the Department
of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of Defense
personnel to include installation military housing office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of executive qualifications by qualification certification review board of office of personnel
management for initial appointments to senior executive service positions in department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal, State, and
local income taxes incurred during travel, transportation, and relocation.
Subtitle B—Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020
Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity Commission.

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Sec. 1137. Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of surface
transportation services.
Sec. 1203. Participation in programs relating to coordination or exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational centers of excellence.
Sec. 1207. Modification and extension of support of special operations for irregular
warfare.
Sec. 1208. Extension of authority to transfer excess high mobility multipurpose
wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense Freedom
of Navigation Report.
Sec. 1210. Extension and modification of authority to support border security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization activities
in national security interest of the United States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military education and
training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of 2017.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Extension and modification of support for reconciliation activities led by
the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders’ Emergency Response Program.
Sec. 1215. Limitation on use of funds to reduce deployment to Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process of cultural
objects.
Sec. 1217. Congressional oversight of United States talks with Taliban officials and
Afghanistan’s comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in Afghanistan.
Sec. 1220. Report on Operation Freedom’s Sentinel.

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Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of support to certain organizations.
Sec. 1225. Report and budget details regarding Operation Spartan Shield.
Subtitle D—Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the United
States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty of the Russian
Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving the Russian Federation.

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Sec. 1235. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1236. Report on capability and capacity requirements of military forces of
Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign election
interference.
Subtitle E—Matters Relating to Europe and NATO
Sec. 1241. Determination and imposition of sanctions with respect to Turkey’s acquisition of the S–400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to construction of Nord
Stream 2 or TurkStream pipeline projects.
Sec. 1243. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty Organization.
Sec. 1245. Limitation on United States force structure reductions in Germany.
Sec. 1246. Report on United States military force posture in Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the North Atlantic
Treaty Organization.

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Subtitle F—Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial export of certain covered munitions items to the Hong Kong Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese personnel
missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam, Thailand, and
Indonesia.
Sec. 1257. Report on the costs most directly associated with the stationing of the
Armed Forces in Japan.
Sec. 1258. Limitation on use of funds to reduce the total number of members of the
Armed Forces serving on active duty who are deployed to South Korea.
Sec. 1259. Implementation of GAO recommendations on preparedness of United
States forces to counter North Korean chemical and biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense technological and
industrial bases of China and other foreign adversaries.
Sec. 1260D. Extension of annual report on military and security developments involving the People’s Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of China along
the border with India and its growing territorial claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from engaging
in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in the United
States.
Sec. 1260I. Report on directed use of fishing fleets.
Subtitle G—Sudan Democratic Transition, Accountability, and Fiscal Transparency
Act of 2020
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights, and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against humanity, and
genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and intelligence
services.

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Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led government in
Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of 2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in Sudan
Act.
Subtitle
Sec. 1271.
Sec. 1272.
Sec. 1273.
Sec. 1274.
Sec. 1275.

Sec.
Sec.
Sec.

H—United States Israel Security Assistance Authorization Act of 2020
Short title.
Sense of Congress on United States-Israel relationship.
Security assistance for Israel.
Extension of war reserves stockpile authority.
Rules governing the transfer of precision-guided munitions to Israel
above the annual restriction.
1276. Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements.
1277. United States Agency for International Development memoranda of understanding to enhance cooperation with Israel.
1278. Cooperative projects among the United States, Israel, and developing
countries.
1279. Joint cooperative program related to innovation and high-tech for the
Middle East region.
1280. Cooperation on directed energy capabilities.
1280A. Other matters of cooperation.
1280B. Appropriate congressional committees defined.

Sec.
Sec.
Sec.
Sec.
Sec.

1281.
1282.
1283.
1284.
1285.

Sec.
Sec.
Sec.
Sec.

Subtitle I—Global Child Thrive Act of 2020
Short title.
Sense of Congress.
Assistance to improve early childhood outcomes globally.
Special advisor for assistance to orphans and vulnerable children.
Rule of construction.

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Subtitle J—Matters Relating to Africa and the Middle East
Sec. 1291. Briefing and report relating to reduction in the total number of United
States Armed Forces deployed to United States Africa Command area
of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the Armed Forces
participating in the Multinational Force and Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United States
and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian harm in
Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in Yemen.
Sec. 1296. Report on United States military support of the Saudi-led coalition in
Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to United
States medical institutions.
Subtitle K—Other Matters
Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic of the
Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national security academic researchers from undue influence and other security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect to denying the strategic goals of a competitor against a covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the People’s
Republic of China, the Russian Federation, and the United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ‘‘Principles Related
to the Protection of Medical Care Provided by Impartial Humanitarian
Organizations During Armed Conflicts’’.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation within the
United States-Israel Defense Acquisition Advisory Group.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1299N.
1299O.
1299P.
1299Q.
1299R.
1299S.

Payment of passport fees for certain individuals.
Resumption of Peace Corps operations.
Establishment of the Open Technology Fund.
United States Agency for Global Media.
Leveraging information on foreign traffickers.
Rule of construction relating to use of military force.

TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat reduction funds.
TITLE XIV—OTHER AUTHORIZATIONS
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.

Subtitle A—Military Programs
Working capital funds.
Chemical agents and munitions destruction, defense.
Drug interdiction and counter-drug activities, defense-wide.
Defense Inspector General.
Defense health program.

Subtitle B—Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces Retirement
Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home facilities by nationally recognized accrediting organization.
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois.
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1501.
1502.
1503.
1504.
1505.
1506.
1507.
1508.
1509.
1510.

Subtitle A—Authorization of Appropriations
Purpose.
Overseas contingency operations.
Procurement.
Research, development, test, and evaluation.
Operation and maintenance.
Military personnel.
Working capital funds.
Drug interdiction and counter-drug activities, defense-wide.
Defense Inspector General.
Defense Health Program.

Subtitle B—Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C—Other Matters
Sec. 1521. Afghanistan Security Forces Fund.

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TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Space Development Agency development requirements and transfer to
Space Force.
Sec. 1602. Personnel management authority for Space Development Agency for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national technology
and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space Command.
Sec. 1605. Clarification of authority for procurement of commercial satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.

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Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for multi-global
navigation satellite system receiver development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Safety of navigation mission of the National Geospatial-Intelligence
Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information facilities.
Subtitle C—Nuclear Forces
Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons Council; limitation on availability of funds relating to such updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic missiles of the
United States.
Subtitle D—Missile Defense Programs
Sec. 1641. Alignment of the Missile Defense Agency within the Department of Defense.
Sec. 1642. Extension of prohibition relating to missile defense information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs to military
departments.
Sec. 1644. Extension of requirement for Comptroller General review and assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking space sensor
payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered homeland
missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1650. Report on defense of Guam from integrated air and missile threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.
Subtitle E—Matters Relating to Certain Commercial Terrestrial Operations
Sec. 1661. Prohibition on availability of funds for certain purposes relating to the
Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating commercial terrestrial communication networks that cause harmful interference with
the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications Commission
Order 20–48.
Sec. 1664. Estimate of damages from Federal Communications Commission Order
20–48.

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Subtitle F—Other Matters
Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on missile systems
and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and Nuclear Posture Review.
TITLE XVII—CYBERSPACE-RELATED MATTERS
Sec. 1701. Modification of mission of Cyber Command and assignment of cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for sensitive military
cyber operations.

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Sec. 1703. Modification of requirements for quarterly Department of Defense cyber
operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of operationally critical
contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture review.
Sec. 1707. Modification of authority to use operation and maintenance funds for
cyber operations-peculiar capability development projects.
Sec. 1708. Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United States
Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic Cybersecurity Program and the evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity architectures
and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure protection of
the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to National
Guards of other States of cybersecurity technical assistance in training,
preparation, and response to cyber incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and exemptions to
policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction policies and
processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of Network Address
Translation in Department of Defense networks.
Sec. 1735. Integration of Department of Defense user activity monitoring and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture plan.
Sec. 1737. Assessment on defense industrial base participation in a threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial supply
chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity Maturity Model
Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional cybersecurity training
center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control system.
Sec. 1748. Requirements for review of and limitations on the Joint Regional Security Stacks activity.

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Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national security
systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for artificial intelligence professionals and other data science and software development personnel.
Sec. 1752. National Cyber Director.
TITLE XVIII—TRANSFER AND REORGANIZATION OF DEFENSE
ACQUISITION STATUTES
Sec. 1801. Transfer and reorganization of defense acquisition statutes.
Sec.
Sec.
Sec.
Sec.
Sec.

1806.
1807.
1808.
1809.
1810.

Subtitle A—Definitions
Definitions.
General matters.
Defense acquisition system.
Budgeting and appropriations.
Operational contract support.

Subtitle B—Acquisition Planning
Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation generally.
Subtitle C—Contracting Methods and Contract Types
Awarding of contracts.
Specific types of contracts.
Other matters relating to awarding of contracts.
Undefinitized contractual actions.
Task and delivery order contracts.
Acquisition of commercial products and commercial services.
Multiyear contracts.
Simplified acquisition procedures.
Rapid acquisition procedures.
Contracts for long-term lease or charter of vessels, aircraft, and combat
vehicles.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1816.
1817.
1818.
1819.
1820.
1821.
1822.
1823.
1824.
1825.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1831.
1832.
1833.
1834.
1835.
1836.
1837.
1838.

Subtitle D—General Contracting Provisions
Cost or pricing data.
Allowable costs.
Proprietary contractor data and rights in technical data.
Contract financing.
Contractor audits and accounting.
Claims and disputes.
Foreign acquisitions.
Socioeconomic programs.

Sec.
Sec.
Sec.
Sec.
Sec.

1841.
1842.
1843.
1844.
1845.

Subtitle E—Research and Engineering
Research and engineering generally.
Innovation.
Department of Defense laboratories.
Research and development centers and facilities.
Test and evaluation.

Subtitle F—Major Systems, Major Defense Acquisition Programs, and Weapon
Systems Development
Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status–selected acquisition reports.
Sec. 1850. Cost growth—unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.

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Subtitle G—Other Special Categories of Contracting
Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.
Subtitle H—Contract Management
Sec. 1861. Contract administration.

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Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1866.
1867.
1868.
1869.
1870.
1871.
1872.
1873.

Subtitle I—Defense Industrial Base
Defense industrial base generally.
Policies and planning.
Development, application, and support of dual-use technologies.
Manufacturing technology.
Other technology base policies and programs.
Small business programs.
Procurement technical assistance cooperative agreement program.
Loan guarantee programs.

Subtitle J—Other Matters
Sec. 1876. Recodification of certain title 10 provisions relating to contract financing
for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy procurement
production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date.
Sec.
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.
2105.

TITLE XXI—ARMY MILITARY CONSTRUCTION
Authorized Army construction and land acquisition projects.
Family housing.
Authorization of appropriations, Army.
Limitation on military construction project at Kwajalein Atoll.
Modification of authority to carry out fiscal year 2017 project at Camp
Walker, Korea.

TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing units.
Sec. 2203. Authorization of appropriations, Navy.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2301.
2302.
2303.
2304.
2305.
2306.
2307.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Authorized Air Force construction and land acquisition projects.
Family housing and improvements to military family housing units.
Authorization of appropriations, Air Force.
Modification of authority to carry out certain fiscal year 2018 project.
Modification of authority to carry out certain fiscal year 2019 projects.
Modification of authority to carry out certain fiscal year 2020 projects.
Technical corrections related to authority to carry out certain fiscal year
2020 family housing projects.

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.

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TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

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Sec. 2503. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020 project in Alabama.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and closure
(BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the Secretary of the
Army in Umatilla, Oregon.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program Changes
Sec. 2801. Modification and clarification of construction authority in the event of a
declaration of war or national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar thresholds
applicable to unspecified minor military construction authorities.
Sec. 2803. Modification of reporting requirements regarding certain military construction projects and military family housing projects, contracts, and
agreements.
Sec. 2804. Consideration of energy security and energy resilience in life-cycle cost
for military construction.
Sec. 2805. Congressional project authorization required for military construction
projects for energy resilience, energy security, and energy conservation.
Sec. 2806. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects in certain areas outside the
United States.
Sec. 2807. Responsibility of Navy for military construction requirements for certain
Fleet Readiness Centers.

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Subtitle B—Military Family Housing Reforms
Sec. 2811. Modifications and technical corrections related to military housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family Housing
Improvement Fund.
Sec. 2814. Availability of information regarding assessment of performance metrics
for contracts for provision or management of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement recommendations relating to military family housing contained in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of military housing
impacted by presence of mold.
Sec. 2818. Expansion of uniform code of basic standards for privatized military
housing and hazard and habitability inspection and assessment requirements to Government-owned and Government-controlled military family
housing.

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Subtitle C—Real Property and Facilities Administration
Sec. 2821. Acceptance of property by military service academies, professional military education schools, and military museums subject to naming-rights
condition.
Sec. 2822. Codification of reporting requirements regarding United States overseas
military enduring locations and contingency locations.
Sec. 2823. Promotion of energy resilience and energy security in privatized utility
systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the military departments regarding entering into longer-term contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military installation energy
resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense infrastructure
supporting critical missions.
Sec. 2827. Improving water management and security on military installations.
Sec. 2828. Prohibition relating to closure or return to host nation of existing military installations, infrastructure, or real property in Europe.
Subtitle D—Land Conveyances
Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial Reserve Ordnance Plant, Sunnyvale, California.
Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System receiving
station, Modoc County, California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support Activity Panama
City, Florida, parcel.
Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County, North
Carolina.
Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee.
Subtitle E—Military Land Withdrawals
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and reservation.
Sec. 2844. Establishment of interagency committees on joint use of certain land
withdrawn from appropriation under public land laws.
Subtitle F—Asia-Pacific and Indo-Pacific Issues
Sec. 2851. Change to biennial reporting requirement for Interagency Coordination
Group of Inspectors General for Guam Realignment.
Sec. 2852. Additional exception to restriction on development of public infrastructure in connection with realignment of Marine Corps forces in Asia-Pacific region.
Sec. 2853. Development of master plan for infrastructure to support rotational
Armed Forces in Australia.
Sec. 2854. Bulk fuel management in United States Indo-Pacific Command Area of
Responsibility.

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Subtitle G—Authorized Pilot Programs
Sec. 2861. Pilot program to authorize use of cost savings realized from intergovernmental services agreements for installation-support services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of land exchange authority.
Sec. 2863. Pilot program to support combatant command military construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a microgrid
configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction projects for
child development centers at military installations.
Sec. 2866. Department of the Army pilot program for development and use of online real estate inventory tool.
Subtitle H—Miscellaneous Studies and Reports
Sec. 2871. Reports regarding decision-making process used to locate or relocate
major headquarters and certain military units and weapon systems.

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Sec. 2872. Report on effect of noise restrictions on military installations and operations and development and implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected aircraft shelters in Europe and status of United States air base resiliency in Europe.
Subtitle I—Other Matters
Sec. 2881. Military construction infrastructure and weapon system synchronization
for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in making basing decisions associated with certain military units and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military communities of
dangerous dogs kept as pets.
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition projects.
Sec. 2903. Authorization of appropriations.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.

Subtitle A—National Security Programs and Authorizations
National Nuclear Security Administration.
Defense environmental cleanup.
Other defense activities.
Nuclear energy.

Subtitle B—Nuclear Weapons Stockpile Matters
Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components, subsystems, and materials.
Sec. 3114. Plutonium pit production.
Subtitle C—Defense Environmental Cleanup Matters
Sec. 3121. Public statement of environmental liabilities for facilities undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense environmental
cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital asset projects
or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation.

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Subtitle D—Safeguards and Security Matters
Sec. 3131. Reporting on penetrations of networks of contractors and subcontractors.
Subtitle E—Personnel Matters
Sec. 3141. Extension of authority for appointment of certain scientific, engineering,
and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department of Energy
in definition of public safety officer for purposes of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials couriers.
Sec. 3144. Transportation and moving expenses for immediate family of deceased
nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of National Nuclear
Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing.

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Subtitle F—Budget and Financial Management Matters
Sec. 3151. Reports on financial balances for atomic energy defense activities.
Subtitle G—Administrative Matters
Sec. 3161. Modifications to enhanced procurement authority to manage supply
chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead costs of
amounts specified for laboratory-directed research and development.
Subtitle H—Other Matters
Sec. 3171. Independent study on potential environmental effects of nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National Nuclear
Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities Safety
Board.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME MATTERS
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Improvements to process for waiving navigation and vessel-inspection
laws and approving foreign vessel charters for passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.
Subtitle B—Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C—Other Matters
Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime industry in national security.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

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TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

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TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
DIVISION E—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF
2020
Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE LI—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
5101. National Artificial Intelligence Initiative.
5102. National Artificial Intelligence Initiative Office.
5103. Coordination by Interagency Committee.
5104. National Artificial Intelligence Advisory Committee.
5105. National Academies artificial intelligence impact study on workforce.
5106. National AI Research Resource Task Force.

TITLE LII—NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
TITLE LIII—DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial intelligence
center.
TITLE LIV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
TITLE LV—DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE
RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research program.
DIVISION F—ANTI-MONEY LAUNDERING
Sec. 6001. Short title.
Sec. 6002. Purposes.
Sec. 6003. Definitions.

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TITLE LXI—STRENGTHENING TREASURY FINANCIAL INTELLIGENCE,
ANTI-MONEY LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring authority.
Sec. 6106. Treasury Attache´ program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law enforcement and
financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and assessment
of Bank Secrecy Act application to dealers in arts.
Sec. 6111. Increasing technical assistance for international cooperation.
Sec. 6112. International coordination.
TITLE LXII—MODERNIZING THE ANTI-MONEY LAUNDERING AND
COUNTERING THE FINANCING OF TERRORISM SYSTEM
Sec. 6201. Annual reporting requirements.

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Sec. 6202. Additional considerations for suspicious activity reporting requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports thresholds
review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.
TITLE LXIII—IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING
THE FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND
PROCESSES
Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.
TITLE LXIV—ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION
REPORTING REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
TITLE LXV—MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of the securities
laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the People’s Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.

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DIVISION G—ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT
OF 2020
Sec. 8001. Short title.
Sec. 8002. Definition of Commandant.
TITLE LVXXXI—AUTHORIZATIONS
Sec. 8101. Authorizations of appropriations.

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Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional National Security
Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.
TITLE LVXXXII—COAST GUARD
Subtitle A—Military Personnel Matters
Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical skills.
Sec. 8206. Employment assistance.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8211.
8212.
8213.
8214.
8215.
8216.
8217.
8218.
8219.
8220.
8221.
8222.
8223.
8224.
8225.

Subtitle B—Organization and Management Matters
Congressional affairs; Director.
Limitations on claims.
Renewal of temporary early retirement authority.
Major acquisitions; operation and sustainment costs.
Support of women serving in the Coast Guard.
Disposition of infrastructure related to E–LORAN.
Positions of importance and responsibility.
Research projects; transactions other than contracts and grants.
Acquisition workforce authorities.
Vessel conversion, alteration, and repair projects.
Modification of acquisition process and procedures.
Establishment and purpose of Fund; definition.
Payments from Fund.
Determination of contributions to Fund.
Payments into Fund.

Subtitle C—Access to Child Care for Coast Guard Families
Report on child care and school-age care assistance for qualified families.
Review of family support services website and online tracking system.
Study and survey on Coast Guard child care needs.
Pilot program to expand access to child care.
Improvements to Coast Guard-owned family housing.
Briefing on transfer of family child care provider qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and family child
care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8231.
8232.
8233.
8234.
8235.
8236.

Sec.
Sec.
Sec.
Sec.
Sec.

8240.
8241.
8242.
8243.
8244.

Sec. 8245.

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Sec. 8246.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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8247.
8248.
8249.
8250.
8251.
8252.

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Subtitle D—Reports
Modifications of certain reporting requirements.
Report on cybersecurity workforce.
Report on navigation and bridge resource management.
Report on helicopter life-cycle support and recapitalization.
Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States.
Study and report on Coast Guard interdiction of illicit drugs in transit
zones.
Report on liability limits set in section 1004 of the Oil Pollution Act of
1990.
Report on Coast Guard defense readiness resources allocation.
Report on the feasibility of liquefied natural gas fueled vessels.
Coast Guard authorities study.
Report on effects of climate change on Coast Guard.
Shore infrastructure.
Coast Guard housing; status and authorities briefing.

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Sec. 8253. Physical access control system report.
Sec. 8254. Study on Certificate of Compliance inspection program with respect to
vessels that carry bulk liquefied gases as cargo and liquefied natural
gas tank vessels.
Sec. 8255. Comptroller General of the United States review and report on Coast
Guard’s International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on marine
inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on access to
health care by members of Coast Guard and dependents.
Sec. 8260. Comptroller General of the United States study and report on medical
staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and national security cutters.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8271.
8272.
8273.
8274.
8275.
8276.
8277.
8278.

Subtitle E—Coast Guard Academy Improvement Act
Short title.
Coast Guard Academy study.
Annual report.
Assessment of Coast Guard Academy admission processes.
Coast Guard Academy minority outreach team program.
Coast Guard college student pre-commissioning initiative.
Annual board of visitors.
Homeland Security rotational cybersecurity research program at Coast
Guard Academy.

Subtitle F—Other Matters
Sec. 8281. Strategy on leadership of Coast Guard.
Sec. 8282. Expedited transfer in cases of sexual assault; dependents of members of
the Coast Guard.
Sec. 8283. Access to resources during creosote-related building closures at Coast
Guard Base Seattle, Washington.
Sec. 8284. Southern resident orca conservation and enforcement.
Sec. 8285. Sense of Congress and report on implementation of policy on issuance
of warrants and subpoenas and whistleblower protections by agents of
the Coast Guard Investigative Service.
Sec. 8286. Inspector General report on access to Equal Opportunity Advisors and
Equal Employment Opportunity Specialists.
Sec. 8287. Insider Threat Program.

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TITLE LVXXXIII—MARITIME
Sec.
Sec.
Sec.
Sec.

8301.
8302.
8303.
8304.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8311.
8312.
8313.
8314.
8315.
8316.
8317.

Sec.
Sec.
Sec.
Sec.
Sec.

8318.
8319.
8320.
8321.
8322.

Subtitle A—Navigation
Electronic charts; equivalency.
Subrogated claims.
Loan provisions under Oil Pollution Act of 1990.
Oil pollution research and development program.
Subtitle B—Shipping
Passenger vessel security and safety requirements; application.
Small passenger vessels and uninspected passenger vessels.
Non-operating individual.
Conforming amendments: training; public safety personnel.
Maritime transportation assessment.
Engine cut-off switches; use requirement.
Authority to waive operator of self-propelled uninspected passenger vessel requirements.
Exemptions and equivalents.
Renewal of merchant mariner licenses and documents.
Certificate extensions.
Vessel safety standards.
Medical standards.

Subtitle C—Advisory Committees
Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.

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Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan Region
from Global Maritime Distress and Safety System requirements of Federal Communications Commission.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8341.
8342.
8343.
8344.
8345.
8346.

Subtitle D—Ports
Port, harbor, and coastal facility security.
Aiming laser pointer at vessel.
Safety of special activities.
Security plans; reviews.
Vessel traffic service.
Transportation work identification card pilot program.
TITLE LVXXXIV—MISCELLANEOUS

Sec.
Sec.
Sec.
Sec.
Sec.

8401.
8402.
8403.
8404.
8405.

Subtitle A—Navigation and Shipping
Coastwise trade.
Towing vessels operating outside boundary line.
Sense of Congress regarding the maritime industry of the United States.
Cargo preference study.
Towing vessel inspection fees review.

Subtitle B—Maritime Domain Awareness
Unmanned maritime systems and satellite vessel tracking technologies.
Unmanned aircraft systems testing.
Land-based unmanned aircraft system program of Coast Guard.
Prohibition on operation or procurement of foreign-made unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime domain
awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems devices to mark
fishing equipment.
Sec.
Sec.
Sec.
Sec.

8411.
8412.
8413.
8414.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8421.
8422.
8423.
8424.
8425.
8426.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8431.
8432.
8433.
8434.
8435.
8436.

Sec. 8437.
Sec. 8438.
Sec. 8439.

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Sec. 8440.
Sec. 8441.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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Subtitle C—Arctic
Coast Guard Arctic prioritization.
Arctic PARS Native engagement.
Voting requirement.
Report on the Arctic capabilities of the Armed Forces.
Report on Arctic search and rescue.
Arctic Shipping Federal Advisory Committee.
Subtitle D—Other Matters
Plan for wing-in-ground demonstration plan.
Northern Michigan oil spill response planning.
Documentation of LNG tankers.
Replacement vessel.
Educational vessel.
Waters deemed not navigable waters of the United States for certain
purposes.
Anchorages.
Comptroller General of the United States study and report on vertical
evacuation for tsunamis at Coast Guard Stations in Washington and Oregon.
Authority to enter into agreements with National Coast Guard Museum
Association.
Video equipment; access and retention of records.
Regulations for covered small passenger vessels.

TITLE LVXXXV—TECHNICAL, CONFORMING, AND CLARIFYING
AMENDMENTS
8501. Transfers.
8502. Additional transfers.
8503. License exemptions; repeal of obsolete provisions.
8504. Maritime transportation system.
8505. References to ‘‘persons’’ and ‘‘seamen’’.
8506. References to ‘‘himself’’ and ‘‘his’’.
8507. Miscellaneous technical corrections.
8508. Technical corrections relating to codification of Ports and Waterways
Safety Act.

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Sec.
Sec.
Sec.
Sec.
Sec.

8509.
8510.
8511.
8512.
8513.

Aids to navigation.
Transfers related to employees of Lighthouse Service.
Transfers related to surviving spouses of Lighthouse Service employees.
Repeals related to lighthouse statutes.
Common appropriation structure.

Sec.
Sec.
Sec.
Sec.
Sec.

8601.
8602.
8603.
8604.
8605.

TITLE LVXXXVI—FEDERAL MARITIME COMMISSION
Short title.
Authorization of appropriations.
Unfinished proceedings.
National Shipper Advisory Committee.
Transfer of Federal Maritime Commission provisions.
DIVISION H—OTHER MATTERS

Sec.
Sec.
Sec.
Sec.

9001.
9002.
9003.
9004.

Sec. 9005.
Sec. 9006.
Sec. 9007.

TITLE XC—HOMELAND SECURITY MATTERS
Department of Homeland Security CISA Director.
Sector risk management agencies.
Review and analysis of inland waters seaport security.
Department of Homeland Security reports on digital content forgery
technology.
GAO study of cybersecurity insurance.
Strategy to secure email.
Department of Homeland Security large-scale non-intrusive inspection
scanning plan.

TITLE XCI—VETERANS AFFAIRS MATTERS
Sec. 9101. Modification of licensure requirements for Department of Veterans Affairs health care professionals providing treatment via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD–VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on active
duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for maintenance by National Cemetery Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs handling
of disability compensation claims by certain veterans.
Sec. 9109. Additional diseases associated with exposure to certain herbicide agents
for which there is a presumption of service connection for veterans who
served in the Republic of Vietnam.
Sec.
Sec.
Sec.
Sec.

9201.
9202.
9203.
9204.

TITLE XCII—COMMUNICATIONS MATTERS
Reliable emergency alert distribution improvement.
Wireless supply chain innovation and multilateral security.
Spectrum information technology modernization efforts.
Internet of Things.

TITLE XCIII—INTELLIGENCE MATTERS
Sec. 9301. Requirement for facilitation of establishment of social media data and
threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that individually or collectively affect national security, financial security, or both.
TITLE XCIV—SCIENCE, SPACE, AND TECHNOLOGY MATTERS

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Subtitle A—Cybersecurity Matters
Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving cybersecurity
workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics and Space
Administration.
Sec. 9407. National cybersecurity challenges.
Subtitle B—Other Matters
Sec. 9411. Established Program to Stimulate Competitive Research.

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134 STAT. 3421

Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension Partnership Centers.
TITLE XCV—NATURAL RESOURCES MATTERS
Sec. 9501. Transfer of funds for Oklahoma City national memorial endowment
fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on the outer Continental Shelf.
TITLE XCVI—OVERSIGHT AND REFORM MATTERS
Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.
TITLE XCVII—FINANCIAL SERVICES MATTERS
Subtitle A—Kleptocracy Asset Recovery Rewards Act
Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards Pilot
Program.
Sec.
Sec.
Sec.
Sec.

9711.
9712.
9713.
9714.

Subtitle B—Combating Russian Money Laundering
Short title.
Statement of policy.
Sense of Congress.
Determination with respect to primary money laundering concern of
Russian illicit finance.

Sec.
Sec.
Sec.
Sec.

9721.
9722.
9723.
9724.

Subtitle C—Other Matters
Certified notice at completion of an assessment.
Ensuring Chinese debt transparency.
Accountability for World Bank Loans to China.
Fairness for Taiwan nationals regarding employment at international financial institutions.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE XCIX—CREATING HELPFUL INCENTIVES TO PRODUCE
SEMICONDUCTORS FOR AMERICA
9901. Definitions.
9902. Semiconductor incentives.
9903. Department of Defense.
9904. Department of Commerce study on status of microelectronics technologies in the United States industrial base.
9905. Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains.
9906. Advanced microelectronics research and development.
9907. Prohibition relating to foreign entities of concern.
9908. Defense Production Act of 1950 efforts.

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TITLE C—OTHER MATTERS
Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for educational
purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds to certain
entities that have violated intellectual property rights of United States
entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an area affected
by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.

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SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

10 USC 101 note.

In this Act, the term ‘‘congressional defense committees’’ has
the meaning given that term in section 101(a)(16) of title 10, United
States Code.

Definition.

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SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first
on the conference report or amendment between the Houses.

DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Modifications to requirement for an interim cruise missile defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual Augmentation
System.
Sec. 113. Assessment of investment and sustainment for procurement of cannon
tubes.
Subtitle C—Navy Programs
Limitation on alteration of the Navy fleet mix.
Limitations on Navy medium and large unmanned surface vessels.
Fighter force structure acquisition strategy.
Procurement authorities for certain amphibious shipbuilding programs.
Land-based test program for the FFG(X) Frigate program.
Treatment in future budgets of the President of systems added by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy waterborne security barriers.
Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure
full spectrum electromagnetic superiority.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

121.
122.
123.
124.
125.
126.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.
135.
136.
137.
138.

Sec. 139.
Sec. 140.
Sec. 141.
Sec. 142.
Sec.
Sec.
Sec.
Sec.

143.
144.
145.
146.

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Sec. 147.

Subtitle D—Air Force Programs
Minimum operational squadron level.
Modification of force structure objectives for bomber aircraft.
Minimum bomber aircraft force level.
Required minimum inventory of tactical airlift aircraft.
Inventory requirements for air refueling tanker aircraft.
Authority to use F–35A fighter aircraft AT–1 through AT–6.
F–35 aircraft gun system ammunition.
Extension of limitation on availability of funds for retirement of RC–135
aircraft.
Modification to limitation on retirement of U–2 and RQ–4 aircraft.
Modification of limitation on availability of funds for retirement of E–8
JSTARS aircraft.
Limitation on divestment of F–15C aircraft within the European theater.
Modernization plan for airborne intelligence, surveillance, and reconnaissance.
RC–26B manned intelligence, surveillance, and reconnaissance aircraft.
Prohibition on funding for Close Air Support Integration Group.
Required solution for KC–46 aircraft remote visual system limitations.
Analysis of moving target indicator requirements and Advanced Battle
Management System capabilities.
Study on measures to assess cost-per-effect for key mission areas.

Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air
Force.

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Sec. 152. Transfer of responsibilities and functions relating to electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for F–35 aircraft program.
Sec. 159. Documentation relating to the F–35 aircraft program.
Sec. 160. F–35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information System for the
F–35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F–35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned aircraft
systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command.
Sec. 166. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat aircraft locator
beacons.

Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for procurement for the Army, the Navy and the Marine
Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.

Subtitle B—Army Programs

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SEC. 111. MODIFICATIONS TO REQUIREMENT FOR AN INTERIM CRUISE
MISSILE DEFENSE CAPABILITY.

(a) PLAN.—Not later than January 15, 2021, the Secretary
of the Army shall submit to the congressional defense committees
the plan, including a timeline, to operationally deploy or forward
station the interim cruise missile defense capability procured pursuant to section 112 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1660) in an operational theater or theaters.
(b) MODIFICATION OF WAIVER.—Paragraph (4) of section 112(b)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (132 Stat. 1661) is amended to read as follows:
‘‘(4) WAIVER.—The Secretary of the Army may waive the
deadlines specified in paragraph (1):
‘‘(A) For the deadline specified in paragraph (1)(A),
if the Secretary determines that sufficient funds have not
been appropriated to enable the Secretary to meet such
deadline.
‘‘(B) For the deadline specified in paragraph (1)(B),
if the Secretary submits to the congressional defense
committees a certification that—
‘‘(i) allocating resources toward procurement of an
integrated enduring capability would provide robust
tiered and layered protection to the joint force; or

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Deadline.
Timeline.

Determination.

Certification.

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‘‘(ii) additional time is required to complete testing,
training, and preparation for operational capability.’’.

SEC. 112. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED
VISUAL AUGMENTATION SYSTEM.

Strategy.
Cost estimate.

Deadline.

(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than August 15, 2021, but
after completion of operational testing of the Integrated Visual
Augmentation System (IVAS), the Secretary of the Army shall
submit to the congressional defense committees a report on
the Integrated Visual Augmentation System.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) The acquisition strategy for the Integrated Visual
Augmentation System, including an estimate of the average
production unit cost, a schedule for full-rate production,
and an identification of any hardware and software changes
in the System as a result of operational testing.
(B) A description of the technology levels required for
full-rate production of the System.
(C) A description of operational suitability and soldier
acceptability for the production-representative model
System.
(b) ASSESSMENT REQUIRED.—Not later than 30 days after the
submittal of the report required by subsection (a), the Director
of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the matters described
pursuant to subparagraphs (B) and (C) of subsection (a)(2).
(c) LIMITATION ON USE OF FUNDS.—Of the funds authorized
to be appropriated by this Act or otherwise made available for
fiscal year 2021 for procurement of the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended
until the date on which the Secretary submits to the congressional
defense committees the report required by subsection (a).
SEC. 113. ASSESSMENT OF INVESTMENT AND SUSTAINMENT FOR
PROCUREMENT OF CANNON TUBES.

Reports.

(a) ASSESSMENT REQUIRED.—The Secretary of the Army shall
conduct an assessment of the development, production, procurement, and modernization of the defense industrial base for cannon
and large caliber weapon tubes.
(b) SUBMITTAL TO CONGRESS.—Not later than 90 days after
the date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report setting forth the
assessment conducted under subsection (a).

Subtitle C—Navy Programs

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SEC. 121. LIMITATION ON ALTERATION OF THE NAVY FLEET MIX.

(a) LIMITATION.—
(1) IN GENERAL.—The Secretary of the Navy may not
deviate from the large surface combatant requirements included
in the 2016 Navy Force Structure Assessment until the date
on which the Secretary submits to the congressional defense
committees the certification under paragraph (2) and the report
under subsection (b).

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134 STAT. 3425

(2) CERTIFICATION.—The certification referred to in paragraph (1) is a certification, in writing, that the Navy can
mitigate the reduction in multi-mission large surface combatant
requirements, including anti-air and ballistic missile defense
capabilities, due to having a reduced number of DDG–51
Destroyers with the advanced AN/SPY–6 radar in the next
three decades.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report that includes—
(1) a description of likely detrimental impacts to the large
surface combatant industrial base, and a plan to mitigate such
impacts, if the fiscal year 2021 future-years defense program
is implemented as proposed;
(2) a review of the benefits to the Navy fleet of the new
AN/SPY–6 radar to be deployed aboard Flight III variant DDG–
51 Destroyers, which are currently under construction, as well
as an analysis of impacts to the warfighting capabilities of
the fleet should the number of such destroyers be reduced;
and
(3) a plan to fully implement section 131 of the National
Defense Authorization for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1237), including subsystem prototyping efforts
and funding by fiscal year.

Mitigation plan.

Review.
Analysis.

Implementation
plan.

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SEC. 122. LIMITATIONS ON NAVY MEDIUM AND LARGE UNMANNED
SURFACE VESSELS.

(a) MILESTONE B APPROVAL REQUIREMENTS.—Milestone B
approval may not be granted for a covered program unless such
program accomplishes prior to and incorporates into such
approval—
(1) qualification by the Senior Technical Authority of—
(A) at least one representative main propulsion system,
including the fuel and lube oil systems; and
(B) at least one representative electrical generation
and distribution system;
(2) final results of test programs of engineering development models or prototypes showing that critical systems designated pursuant to subparagraph (C) of section 8669b(c)(2)
of title 10, United States Code, are demonstrated as required
by subparagraph (I) of that section; and
(3) a determination by the milestone decision authority
of the minimum number of vessels, discrete test events,
performance parameters to be tested, and schedule required
to complete initial operational test and evaluation and demonstrate operational suitability and operational effectiveness.
(b) QUALIFICATION REQUIRES OPERATIONAL DEMONSTRATION.—
The qualification required in subsection (a)(1) shall include a landbased operational demonstration of the systems concerned in the
vessel-representative form, fit, and function for not less than 720
continuous hours without preventative maintenance, corrective
maintenance, emergent repair, or any other form of repair or
maintenance.
(c) USE OF QUALIFIED SYSTEMS.—The Secretary of the Navy
shall require that covered programs use only main propulsion systems and electrical generation and distribution systems that are
qualified under subsection (a)(1).

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Requirement.

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PUBLIC LAW 116–283—JAN. 1, 2021
(d) LIMITATION ON CONTRACT AWARD OR FUNDING.—
(1) IN GENERAL.—The Secretary may not award a detail
design or construction contract, or obligate funds from a
procurement account, for a covered program until such program
receives Milestone B approval and the milestone decision
authority notifies the congressional defense committees, in
writing, of the actions taken to comply with the requirements
under this section.
(2) EXCEPTION.—The limitation in paragraph (1) does not
apply to advanced procurement for government-furnished
equipment.
(e) DEFINITIONS.—In this section:
(1) COVERED PROGRAM.—The term ‘‘covered program’’
means a program for—
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) MILESTONE B APPROVAL.—The term ‘‘Milestone B
approval’’ has the meaning given the term in section 2366(e)(7)
of title 10, United States Code.
(3) MILESTONE DECISION AUTHORITY.—The term ‘‘milestone
decision authority’’ means the official within the Department
of Defense designated with the overall responsibility and
authority for acquisition decisions for an acquisition program,
including authority to approve entry of the program into the
next phase of the acquisition process.
(4) SENIOR TECHNICAL AUTHORITY.—The term ‘‘Senior Technical Authority’’ has the meaning provided for in section 8669b
of title 10, United States Code.

Notification.

SEC. 123. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY.
Deadline.

Approval.

Consultation.

(a) SUBMITTAL OF STRATEGY REQUIRED.—Not later than March
1, 2021, the Secretary of the Navy shall submit to the congressional
defense committees a strategy for the Navy for tactical fighter
aircraft force structure acquisition that aligns with the stated capability and capacity requirements of the Department of the Navy
to meet the National Defense Strategy.
(b) LIMITATION ON DEVIATION FROM STRATEGY.—The Secretary
of the Navy may not deviate from the strategy submitted under
subsection (a) until—
(1) the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, approves the deviation, in
writing; and
(2) the Secretary of Defense provides the congressional
defense committees the approval of the deviation, together with
a justification for the deviation.

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SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.

(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—In fiscal year 2021, the
Secretary of the Navy may enter into one or more contracts
for the procurement of three San Antonio-class amphibious
ships and one America-class amphibious ship.
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CONTRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
such programs.

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134 STAT. 3427

(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for such
programs:
(1) The use of such a contract is consistent with the projected force structure requirements of the Department of the
Navy for amphibious ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary will request funding
for the contract at the level required to avoid contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts for advance
procurement associated with a vessel or vessels for which authorization to enter into a contract is provided under subsection (a), and
for systems and subsystems associated with such vessels in economic order quantities when cost savings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year is subject to the availability of appropriations for
that purpose for such fiscal year.

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Deadline.

Cost estimates.

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(e) MILESTONE DECISION AUTHORITY DEFINED.—In this section.
the term ‘‘milestone decision authority’’ has the meaning given
the term in section 2366a(d) of title 10, United States Code.
SEC. 125. LAND-BASED TEST PROGRAM FOR THE FFG(X) FRIGATE PROGRAM.

(a) TEST PROGRAM FOR ENGINEERING PLANT REQUIRED.—Prior
to the delivery date of the lead ship in the FFG(X) Frigate class
of vessels, the Secretary of the Navy shall commence a land-based
test program for the engineering plant of such class of vessels.
(b) ADMINISTRATION.—The test program required by subsection
(a) shall be administered by the Senior Technical Authority for
the FFG(X) Frigate class of vessels.
(c) ELEMENTS.—The test program required by subsection (a)
shall include, at a minimum, testing of the following equipment
in vessel-representative form:
(1) Main Reduction Gear.
(2) Electrical Propulsion Motors.
(3) Other propulsion drive train components.
(4) Main propulsion system.
(5) Auxiliary propulsion unit.
(6) Electrical generation system,
(7) Shipboard control systems.
(8) Power control modules,
(d) TEST OBJECTIVES.—The test program required by subsection
(a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations
for the FFG(X) Frigate class of vessels:
(1) Test of the full propulsion drive train.
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the Hull,
Mechanical and Electrical equipment, Combat System, and
auxiliary equipment.
(e) COMPLETION DATE.—The Secretary shall complete the test
program required by subsection (a) by not later than the date
on which the lead ship in the FFG(X) Frigate class of vessels
is scheduled to be available for tasking by operational military
commanders.
(f) DEFINITIONS.—In this section:
(1) DELIVERY DATE.—The term ‘‘delivery date’’ has the
meaning provided for in section 8671 of title 10, United States
Code.
(2) SENIOR TECHNICAL AUTHORITY.—The term ‘‘Senior Technical Authority’’ has the meaning provided for in section 8669b
of title 10, United States Code.

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10 USC 221 note.

SEC. 126. TREATMENT IN FUTURE BUDGETS OF THE PRESIDENT OF
SYSTEMS ADDED BY CONGRESS.

In the event the procurement quantity for a system authorized
by Congress in a National Defense Authorization Act for a fiscal
year, and for which funds for such procurement quantity are appropriated by Congress in the Shipbuilding and Conversion, Navy
account for such fiscal year, exceeds the procurement quantity
specified in the budget of the President, as submitted to Congress
under section 1105 of title 31, United States Code, for such fiscal
year, such excess procurement quantity shall not be specified as

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134 STAT. 3429

a new procurement quantity in any budget of the President, as
so submitted, for any fiscal year after such fiscal year.
SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY WATERBORNE SECURITY BARRIERS.

Section 130(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1665), as amended by section 126 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1235), is further amended by striking ‘‘for fiscal year 2019
or fiscal year 2020’’ and inserting ‘‘for fiscal years 2019, 2020,
or 2021’’.
SEC. 128. REPORT ON STRATEGY TO USE ALQ–249 NEXT GENERATION
JAMMER TO ENSURE FULL SPECTRUM ELECTROMAGNETIC SUPERIORITY.

(a) REPORT.—Not later than July 30, 2021, the Secretary of
the Navy, in consultation with the Vice Chairman of the Joint
Chiefs, shall submit to the congressional defense committees a
report with a strategy to ensure full spectrum electromagnetic
superiority using the ALQ–249 Next Generation Jammer.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following elements:
(1) A description of the current procurement strategy for
the ALQ–249, and the analysis of its capability to meet the
radio frequency (RF) ranges required in highly contested and
denied environment conflicts.
(2) An assessment of the compatibility and ability of the
ALQ–249 to synchronize non-kinetic fires using other Joint
Electronic Warfare (EW) platforms.
(3) A future model of an interlinked/interdependent electronic warfare menu of options for commanders at tactical,
operational, and strategic levels.

Consultation.

Analysis.

Assessment.

Subtitle D—Air Force Programs

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SEC. 131. MINIMUM OPERATIONAL SQUADRON LEVEL.

(a) POLICY ON AIR FORCE AVIATION FORCE STRUCTURE.—As
soon as practicable after the date of the enactment of this Act
and subject to the availability of appropriations, the Secretary of
the Air Force shall seek to achieve the capabilities provided by
a minimum of 386 available operational squadrons, or equivalent
organizational units. In addition, the Secretary shall seek to achieve
not fewer than 3,580 combat coded aircraft within the Air Force.
(b) EXCEPTION TO POLICY.—If, based on the fielding of new
capabilities and formal force structure capability assessments supporting the most recent National Defense Strategy, the Secretary
of the Air Force, in consultation with the Chief of Staff of the
Air Force and the Chairman of the Joint Chiefs of Staff, makes
a determination that a modification to the quantity of operational
squadrons or combat-coded aircraft in subsection (a) is necessary,
the Secretary shall submit a report at the earliest opportunity
to the congressional defense committees describing the modifications
of the revised force structure and how the quantity of combat
coded aircraft and operational squadrons developed supports a moderate operational risk force structure in support of the National
Defense Strategy.

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Consultation.
Determination.
Reports.

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(c) EXPIRATION OF POLICY.—The policy in subsection (a) shall
expire on September 30, 2025.
(d) MODERATE OPERATIONAL RISK DEFINED.—In this section,
the term ‘‘moderate operational risk’’ shall be construed as defined
in the most recent publication of the Chairman of the Joint Chiefs
of Staff Manual 3105.01 titled ‘‘Joint Risk Analysis’’.
SEC. 132. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR
BOMBER AIRCRAFT.

10 USC 9062
note.
Time period.

Determination.

(a) MINIMUM LEVEL FOR ALL BOMBER AIRCRAFT.—
(1) IN GENERAL.—During the period beginning on the date
of the enactment of this Act and ending on October 1, 2025,
the Secretary of the Air Force shall, except as provided in
paragraph (2), maintain not less than 92 bomber aircraft based
on the Primary Mission Aircraft Inventory (PMAI) of the Air
Force.
(2) EXCEPTION.—The Secretary may reduce the number
of aircraft required by the Primary Mission Aircraft Inventory
below the number specified in paragraph (1) if the Secretary
determines, on a case-by-case basis, that a bomber aircraft
is no longer to be so required because such aircraft is no
longer mission capable due to mishap or other damage, or
being uneconomical to repair.
(b) REPEAL OF MINIMUM B–1 INVENTORY REQUIREMENT.—Section 9062 of title 10, United States Code, is amended by striking
subsection (h).
(c) PRESERVATION OF CERTAIN B–1 AIRCRAFT AND MAINTENANCE
PERSONNEL.—Until the date on which the Secretary determines
that the B–21 bomber aircraft has attained initial operating capability, the Secretary—
(1) shall preserve four B–1 aircraft that are retired pursuant to subsection (a), in a manner that ensures the components
and parts of each such aircraft are maintained in reclaimable
condition that is consistent with type 2000 recallable storage,
or better; and
(2) may not reduce the number of billets assigned to
maintenance of B–1 aircraft in effect on January 1, 2020.
SEC. 133. MINIMUM BOMBER AIRCRAFT FORCE LEVEL.

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Reports.
Recommendations.

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(a) IN GENERAL.—Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense
committees a report with recommendations for the bomber aircraft
force structure that enables the Air Force to meet the requirements
of its long-range strike mission under the National Defense
Strategy.
(b) ELEMENTS.—The report required by subsection (a) shall
include each of the following elements:
(1) The bomber force structure necessary to meet the
requirements of the long-range strike mission of the Air Force
under the National Defense Strategy, including—
(A) the total minimum number of bomber aircraft;
and
(B) the minimum number of primary mission aircraft.
(2) The penetrating bomber force structure necessary to
meet the requirements of the long-range strike mission of the
Air Force in contested or denied environments under the
National Defense Strategy, including—

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(A) the total minimum number of penetrating bomber
aircraft; and
(B) the minimum number of primary mission penetrating bomber aircraft.
(3) A roadmap outlining how the Air Force plans to reach
the force structure identified under paragraphs (1) and (2),
including an established goal date for achieving the minimum
number of bomber aircraft.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) PUBLICATION.—The Secretary shall make available to the
public the unclassified form of the report submitted under subsection (a).
(e) BOMBER AIRCRAFT DEFINED.—In this section, the term
‘‘bomber aircraft’’ includes penetrating bombers in addition to B–
52H aircraft.

Classified
information.
Public
information.

SEC. 134. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.

(a) IN GENERAL.—The Secretary of the Air Force shall maintain—
(1) a total primary mission aircraft inventory of 230 aircraft; and
(2) a total tactical airlift aircraft inventory of not less
than 287 aircraft.
(b) EXCEPTION.—The Secretary of the Air Force may reduce
the number of C-130 aircraft in the Air Force below the minimum
number specified in subsection (a) if the Secretary of the Air Force
determines, on a case-by-case basis, that an aircraft is no longer
mission capable because of a mishap or other damage.
(c) SAVINGS CLAUSE.—During fiscal year 2021, the Secretary
of the Air Force is prohibited from reducing the total tactical airlift
aircraft inventory entirely from the National Guard.
(d) SUNSET.—This section shall not apply after October 1, 2021.

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SEC. 135. INVENTORY REQUIREMENTS FOR AIR REFUELING TANKER
AIRCRAFT.

Determination.

Time periods.

(a) IN GENERAL.—During the period beginning on the date
of the enactment of this Act and ending on October 1, 2025, the
Secretary of the Air Force shall maintain not less than 412 tanker
aircraft based on Primary Mission Aircraft Inventory (PMAI) of
the Air Force.
(b) MINIMUM INVENTORY REQUIREMENTS FOR KC–10A AIRCRAFT.—Except as provided in subsection (e)(1):
(1) FISCAL YEAR 2021.—During the period beginning on the
date of the enactment of this Act and ending on October 1,
2021, the Secretary of the Air Force shall maintain a minimum
of 50 KC–10A aircraft designated as primary mission aircraft
inventory.
(2) FISCAL YEAR 2022.—During the period beginning on
October 1, 2021, and ending on October 1, 2022, the Secretary
of the Air Force shall maintain a minimum of 38 KC–10A
aircraft designated as primary mission aircraft inventory.
(3) FISCAL YEAR 2023.—During the period beginning on
October 1, 2022, and ending on October 1, 2023, the Secretary
of the Air Force shall maintain a minimum of 26 KC–10A
aircraft designated as primary mission aircraft inventory.

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134 STAT. 3432

Determination.

Determination.

Certification.
Deadline.

PUBLIC LAW 116–283—JAN. 1, 2021

(c) PROHIBITION ON RETIREMENT OF KC–135 AIRCRAFT.—Except
as provided in subsection (e), during the period beginning on the
date of the enactment of this Act and ending on October 1, 2023,
the Secretary of the Air Force may not retire, or prepare to retire,
any KC–135 aircraft.
(d) KC–135 AIRCRAFT FLEET MANAGEMENT.—None of the funds
authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or
expended to reduce the number of KC–135 aircraft designated as
primary mission aircraft inventory.
(e) EXCEPTIONS.—
(1) KC–10A AIRCRAFT.—The requirement in subsection (b)
shall not apply to an aircraft otherwise required to be maintained by that subsection if the the Secretary of the Air Force
determines, on a case-by-case basis, that such aircraft is no
longer mission capable due to mishap or other damage, or
being uneconomical to repair.
(2) KC–135 AIRCRAFT.—The requirement in subsection (c)
shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force—
(A) at any time during the period beginning on the
date of the enactment of this Act and ending on October
1, 2023, determines, on a case-by-case basis, that such
aircraft is no longer mission capable due to mishap or
other damage, or being uneconomical to repair; or
(B) during fiscal year 2023, certifies in writing to the
congressional defense committees, not later than 30 days
before the date of divestment of such aircraft, that the
Air Force can meet combatant command tanker aircraft
requirements by leveraging Air National Guard and Air
Force Reserve capacity with increased Military Personnel
Appropriation (MPA) Man-day Tours to the reserve force.
(f) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—In this
section, the term ‘‘primary mission aircraft inventory’’ has the
meaning given that term in section 9062(i)(2)(B) of title 10, United
States Code.
SEC.

Approval.

Deadline.
Records.

136.

AUTHORITY TO
THROUGH AT–6.

USE

F–35A

FIGHTER

AIRCRAFT

AT–1

(a) IN GENERAL.—Subject to written approval by the Secretary
of Defense to the Secretary of the Air Force, the Secretary of
the Air Force is authorized to utilize, modify, and operate the
six F–35A aircraft designated as AT–1 through AT–6 that are
possessed by the United Government and currently reside in longterm storage at Edwards Air Force Base, California.
(b) NOTICE ON APPROVAL.—Not later than 15 days after the
Secretary of Defense provides written approval to the Secretary
of the Air Force as described in subsection (a), the Secretary of
Defense shall provide a copy of the written approval to the congressional defense committees.
SEC. 137. F–35 AIRCRAFT GUN SYSTEM AMMUNITION.

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Consultation.

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The Director of the F–35 Joint Program Office shall, in consultation with the Secretary of the Air Force, take appropriate actions
to ensure that any 25mm ammunition fielded for use by F–35A
aircraft—
(1) provides effective full-spectrum target engagement capability; and

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(2) meets the required operational employment probability
of kill specifications for the F–35A aircraft.
SEC. 138. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS
FOR RETIREMENT OF RC–135 AIRCRAFT.

Section 148(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1243) is amended
by inserting ‘‘, or for fiscal year 2021,’’ after ‘‘for fiscal year 2020’’.
SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U–2 AND
RQ–4 AIRCRAFT.

Section 136 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1317) is amended by
striking subsection (b) and inserting the following new subsection
(b):
‘‘(b) WAIVER.—The Secretary of Defense may waive a certification requirement under paragraphs (1) or (2) of subsection (a)
with respect to U–2 aircraft or RQ–4 aircraft if the Secretary—
‘‘(1) with respect to the requirement under paragraph (1)
of that subsection—
‘‘(A) determines, after analyzing sufficient and relevant
data, that a greater capability is worth increased operating
and sustainment costs; and
‘‘(B) provides to the appropriate committees of Congress
a certification on such determination and supporting analysis; and
‘‘(2) with respect to the requirement under paragraph (2)
of that subsection—
‘‘(A) determines, after analyzing sufficient and relevant
data, that a loss in capacity and capability will not prevent
the combatant commands from accomplishing their missions at acceptable levels of risk; and
‘‘(B) provides to the appropriate committees of Congress
a certification of such determination and supporting analysis.’’.

Determinations.
Analyses.
Certifications.

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SEC. 140. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS
FOR RETIREMENT OF E–8 JSTARS AIRCRAFT.

Section 147 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669)
is amended—
(1) in subsection (a), by striking ‘‘certifies to the congressional defense committees that Increment 2 of the Advanced
Battle-Management System of the Air Force has declared initial
operational capability as defined in the Capability Development
Document for the System’’ and inserting ‘‘certifies to the
congressional defense committees that—
‘‘(1) the Secretary has identified—
‘‘(A) a capability with sufficient capacity to replace
the current fleet of 16 E–8 Joint Surveillance Target Attack
Radar System aircraft in a manner that meets global
combatant command requirements; and
‘‘(B) potential global basing locations for such capability; and
‘‘(2) such replacement capability delivers capabilities that
are comparable or superior to the capabilities delivered by
such aircraft.’’; and
(2) in subsection (c)—

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134 STAT. 3434

PUBLIC LAW 116–283—JAN. 1, 2021
(A) in paragraph (3), by striking ‘‘Increment 1, 2, and
3’’; and
(B) in paragraph (4), by striking ‘‘until Increment 2
of the Advanced Battle-Management System declares initial operational capability’’ and inserting ‘‘until the
Advanced Battle Management System delivers equivalent
capability’’.

SEC. 141. LIMITATION ON DIVESTMENT OF F–15C AIRCRAFT WITHIN
THE EUROPEAN THEATER.
Time period.

Consultation.
Strategy.
Implementation
plan.

Classified
information.

(a) IN GENERAL.—The Secretary of the Air Force may not
divest any F–15C aircraft within the area of responsibility of the
United States European Command until 180 days after the report
required by subsection (b) is submitted to the congressional defense
committees.
(b) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2021, the Commander of the United States European Command shall, in
consultation with the Commander of United States Air Forces
Europe, submit to the congressional defense committees a
report that describes the strategy, force structure construct
and capacity, and strategy implementation plan to replace the
capability and capacity provided by the F–15C aircraft in the
area of responsibility of the United States European Command
in a manner that maintains an inherent and equal or better
air superiority capability and capacity to that provided by the
F–15C aircraft in that area of responsibility.
(2) FORM.—The report under paragraph (1) shall submitted
in unclassified form, but may contain a classified annex.
SEC. 142. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.

(a) MODERNIZATION PLAN.—
(1) IN GENERAL.—The Secretary of the Air Force shall
develop a comprehensive plan for the modernization of airborne
intelligence, surveillance, and reconnaissance, which shall—
(A) ensure the alignment between requirements, both
current and future, and Air Force budget submissions to
meet such requirements; and
(B) inform the preparation of future defense program
and budget requests by the Secretary, and the consideration
of such requests by Congress.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include the following:
(A) An assessment of all airborne intelligence, surveillance, and reconnaissance missions, both current missions
and future missions anticipated to be necessary to support
the national defense strategy.
(B) An analysis of platforms, capabilities, and capacities necessary to fulfill such current and future missions.
(C) The anticipated life-cycle budget associated with
each platform, capability, and capacity requirement for both
current and anticipated future requirements.
(D) An analysis showing operational, budget, and
schedule trade-offs between sustainment of currently
fielded capabilities, modernization of currently fielded
capabilities, and development and production of new
capabilities.

Analyses.

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Assessment.

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134 STAT. 3435

(b) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than March 30, 2021, the Secretary of the Air Force shall submit to the congressional defense
committees a report that includes—
(A) the comprehensive modernization plan required by
subsection (a); and
(B) a strategy for carrying out such plan through fiscal
year 2030.
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.

Strategy.
Classified
information.

SEC. 143. RC–26B MANNED INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE AIRCRAFT.

(a) LIMITATION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage
or on backup aircraft inventory status, or prepare to retire, divest,
realign, or place in storage or on backup aircraft inventory status,
any RC–26B aircraft.
(b) EXCEPTION.—The limitation in subsection (a) shall not apply
to individual RC–26B aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of mishap or other damage.
(c) FUNDING FOR AIRCRAFT PLATFORM.—
(1) Of the amount authorized to be appropriated for fiscal
year 2021 by section 301 for operation and maintenance and
available for operation and maintenance, Air National Guard,
as specified in the funding table in section 4301, the Secretary
of the Air Force may transfer up to $18,500,000 to be used
in support of the RC–26B manned intelligence, surveillance,
and reconnaissance platform.
(2) Of the amount authorized to be appropriated for fiscal
year 2021 by section 421 and available for military personnel
for military personnel, Air National Guard, specified in the
funding table in section 4401, the Secretary of the Air Force
may transfer up to $13,000,000 to be used in support of personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.
(d) MEMORANDA OF AGREEMENT.—Notwithstanding any other
provision of law, the Secretary of Defense may enter into one
or more memoranda of agreement or cost sharing agreements with
other departments and agencies of the Federal Government under
which the RC–26B aircraft may be used to assist with the missions
and activities of such departments and agencies.

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SEC. 144. PROHIBITION ON FUNDING FOR CLOSE AIR SUPPORT
INTEGRATION GROUP.

Determination.

Transfer
authority.

Nevada.

No funds authorized to be appropriated by this Act may be
obligated or expended for the Close Air Support Integration Group
(CIG) or its subordinate units at Nellis Air Force Base, Nevada,
and the Air Force may not utilize personnel or equipment in support
of the CIG or its subordinate units.

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134 STAT. 3436

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 145. REQUIRED SOLUTION FOR KC–46 AIRCRAFT REMOTE VISUAL
SYSTEM LIMITATIONS.

Deadline.
Implementation
strategy.

The Secretary of the Air Force shall develop and implement
a complete, permanent solution to the KC–46 aircraft remote visual
system (RVS) operational limitations. Not later than February 1,
2021, the Secretary shall submit to the congressional defense
committees an implementation strategy for the solution.

Deadlines.

SEC. 146. ANALYSIS OF MOVING TARGET INDICATOR REQUIREMENTS
AND ADVANCED BATTLE MANAGEMENT SYSTEM CAPABILITIES.

Consultation.

(a) ANALYSIS.—Not later than April 1, 2021, the Secretary
of the Air Force, in consultation with the commanders of the combatant commands, shall develop an analysis of current and future
moving target indicator requirements across the combatant commands and operational and tactical level command and control
capabilities the Advanced Battle Management System (ABMS) will
require when fielded.
(b) JROC REQUIREMENTS.—
(1) IN GENERAL.—Not later than 60 days after the Secretary
of the Air Force develops the analysis under subsection (a),
the Joint Requirements Oversight Council (JROC) shall certify
that requirements for the Advanced Battle Management System
incorporate the findings of the analysis.
(2) CONGRESSIONAL NOTIFICATION.—The Joint Requirements Oversight Council shall notify the congressional defense
committees upon making the certification required under paragraph (1), and provide a briefing on the requirements and
findings described in such paragraph not later than 30 days
after such notification.

Certification.

Briefing.

SEC. 147. STUDY ON MEASURES TO ASSESS COST-PER-EFFECT FOR
KEY MISSION AREAS.

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Deadline.

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(a) IN GENERAL.—Not later than January 1, 2021, the Secretary
of the Air Force shall provide for the performance of an independent
study designed to devise new measures to assess cost-per-effect
for key mission areas of the Air Force. The study shall be conducted
by a Federally funded research and development center selected
by the Secretary for purposes of the study.
(b) SCOPE.—The study conducted pursuant to subsection (a)
shall address the following matters:
(1) Number of weapon systems required to meet a specified
mission goal.
(2) Number of personnel required to meet a specified mission goal.
(3) Associated operation and maintenance costs necessary
to facilitate respective operational constructs.
(4) Basing requirements for respective force constructs.
(5) Mission support elements required to facilitate specified
operations.
(6) Defensive measures required to facilitate viable mission
operations.
(7) Attrition due to enemy countermeasures and other loss
factors associated with respective technologies.
(8) Associated weapon effects costs compared to alternative
forms of power projection.

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134 STAT. 3437

(c) IMPLEMENTATION OF MEASURES.—The Secretary shall, as
the Secretary considers appropriate, incorporate the findings of
the study conducted pursuant to subsection (a) into the future
force development processes of the Air Force. The measures—
(1) should be domain and platform agnostic;
(2) should focus on how best to achieve mission goals in
future operations; and
(3) shall consider including cost-per-effect metrics as a key
performance parameter for any Air Force acquisition programs
that enter the Joint Capabilities Integration and Development
System (JCIDS) requirements process of the Department of
Defense.

Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF AIRCRAFT FOR THE
ARMY, NAVY, AND AIR FORCE.

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(a) IN GENERAL.—Chapter 9 of title 10, United States Code,
is amended by inserting after section 231 the following new section:
‘‘§ 231a. Budgeting for life-cycle costs of aircraft for the Army,
Navy, and Air Force: annual plan and certification
‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND CERTIFICATION.—Not later than 30 days after the date on which the President submits to Congress the budget for a fiscal year, the Secretary
of Defense shall submit to the congressional defense committees
the following:
‘‘(1) A plan for the procurement of the aircraft specified
in subsection (b) for each of the Department of the Army,
the Department of the Navy, and the Department of the Air
Force developed in accordance with this section.
‘‘(2) A certification by the Secretary that both the budget
for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section
221 of this title provide for funding of the procurement of
aircraft at a level that is sufficient for the procurement of
the aircraft provided for in the plan under paragraph (1) on
the schedule provided in the plan.
‘‘(b) COVERED AIRCRAFT.—The aircraft specified in this subsection are the aircraft as follows:
‘‘(1) Fighter aircraft.
‘‘(2) Attack aircraft.
‘‘(3) Bomber aircraft.
‘‘(4) Intertheater lift aircraft.
‘‘(5) Intratheater lift aircraft.
‘‘(6) Intelligence, surveillance, and reconnaissance aircraft.
‘‘(7) Tanker aircraft.
‘‘(8) Remotely piloted aircraft.
‘‘(9) Rotary-wing aircraft.
‘‘(10) Operational support and executive lift aircraft.
‘‘(11) Any other major support aircraft designated by the
Secretary of Defense for purposes of this section.
‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1) The annual
aircraft procurement plan developed for a fiscal year for purposes
of subsection (a) should be designed so that the aviation force

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Deadline.

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Time period.

Cost estimate.

Cost estimate.

Certification.

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Assessment.

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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.

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134 STAT. 3439

‘‘(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.’’.

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Classified
information.
Summary.
Public
information.

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134 STAT. 3440
10 USC 221 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the
item relating to section 231 the following new item:
‘‘231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force:
annual plan and certification.’’.

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Deadlines.
Time periods.
10 USC 113 note.

Analysis.

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SEC.

152.

TRANSFER OF RESPONSIBILITIES AND FUNCTIONS
RELATING TO ELECTROMAGNETIC SPECTRUM OPERATIONS.

(a) TRANSFER.—Not later than two years after the date of
the enactment of this Act and in accordance with the plan developed
pursuant to subsection (b), the Secretary of Defense shall transfer
to an appropriate entity within the Department of Defense all
the responsibilities and functions of the Commander of the United
States Strategic Command that are germane to electromagnetic
spectrum operations (EMSO), including—
(1) advocacy for joint electronic warfare capabilities;
(2) providing contingency electronic warfare support to
other combatant commands; and
(3) supporting combatant command joint training and planning related to electromagnetic spectrum operations.
(b) PLAN FOR TRANSFER OF RESPONSIBILITIES.—
(1) IN GENERAL.—Not later than 180 days before the date
of the transfer of responsibilities required by subsection (a),
the Secretary shall develop a plan to carry out the transfer.
(2) CONSIDERATIONS.—In developing the plan required by
paragraph (1), the Secretary shall consider the following:
(A) All appropriate entities having potential for designation as the receiving electromagnetic spectrum operations organization, including elements of the Joint Staff,
the functional and geographic combatant commands,
Department of Defense offices and agencies, and other
organizations, including the establishment of a new entity
for that purpose within any such entity.
(B) Whether the receiving electromagnetic spectrum
operations organization should have a unitary structure
or hybrid structure (in which operational and capability
development and direction are headed by separate
organizations).
(C) The resources required by the receiving electromagnetic spectrum operations organization to fulfill the
responsibilities and functions specified in subsection (a).
(D) The results of the evaluations carried out pursuant
to subsections (c) and (d).
(3) SUBMITTAL TO CONGRESS.—Not later than 180 days
before the date of the transfer of responsibilities required by
subsection (a), the Secretary shall submit to Congress the following:
(A) The plan developed under paragraph (1).
(B) The construct and elements of the receiving electromagnetic spectrum operations organization under the plan,
including the allocation of responsibilities among senior
officials in such organization.
(C) The analysis conducted to determine the electromagnetic spectrum operations organization, including the
input in the plan or analysis of the results of consultation

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3441

with any independent entities involved in development of
the plan.
(D) The resources required to implement the plan,
and a timeline for the receiving electromagnetic spectrum
operations organization to reach initial operational capability and full operational capability.
(c) EVALUATIONS OF ARMED FORCES.—
(1) IN GENERAL.—Not later than October 1, 2021, and
annually thereafter through 2025, the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps, and
the Chief of Space Operations shall each carry out an evaluation
of the ability of the Armed Force concerned to perform electromagnetic spectrum operations missions required by each of
the following:
(A) The Electromagnetic Spectrum Superiority
Strategy.
(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
(C) The operations and contingency plans of the
combatant commands.
(2) ELEMENTS.—Each evaluation under paragraph (1) shall
include assessment of the following:
(A) Current programs of record, including—
(i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and
(ii) the ability of electronic warfare capabilities
to disrupt adversary operations.
(B) Future programs of record, including—
(i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and
(ii) the need for automated and machine learningor artificial intelligence-assisted electronic warfare
capabilities.
(C) Order of battle.
(D) Individual and unit training.
(E) Tactics, techniques, and procedures, including—
(i) maneuver, distribution of assets, and the use
of decoys; and
(ii) integration of nonkinetic and kinetic fires.
(d) EVALUATIONS OF COMBATANT COMMANDS.—
(1) IN GENERAL.—Not later than October 1, 2021, and
annually thereafter through 2025, the Commander of the
United States European Command, the Commander of the
United States Pacific Command, and the Commander of the
United States Central Command shall each carry out an evaluation of the plans and posture of the command concerned to
execute the electromagnetic spectrum operations envisioned in
each of the following:
(A) The Electromagnetic Spectrum Superiority
Strategy.
(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
(2) ELEMENTS.—Each evaluation under paragraph (1) shall
include assessment of the following:
(A) Operation and contingency plans.

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134 STAT. 3442

PUBLIC LAW 116–283—JAN. 1, 2021

(B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells.
(C) Mission rehearsal and exercises.
(D) Force positioning, posture, and readiness.
(e) SEMIANNUAL BRIEFING.—Not less frequently than twice each
year until January 1, 2026, the Vice Chairman of the Joint Chiefs
of Staff shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the implementation of this
section by each of the Joint Staff, the Armed Forces, and the
combatant commands.
10 USC 142 note.

Coordination.

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Deadline.

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SEC. 153. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.

(a) CRYPTOGRAPHIC MODERNIZATION SCHEDULES REQUIRED.—
Each of the Secretaries of the military departments and the heads
of relevant Defense Agencies and Department of Defense Field
Activities shall establish and maintain a cryptographic modernization schedule that specifies, for each pertinent weapon system,
command and control system, or data link under the jurisdiction
of such Secretary or head, including those that use commercial
encryption technologies (as relevant), the following:
(1) The last year of use for applicable cryptographic algorithms.
(2) Anticipated key extension requests for systems where
cryptographic modernization is assessed to be overly burdensome and expensive or to provide limited operational utility.
(3) The funding and deployment schedule for modernized
cryptographic algorithms, keys, and equipment over the futureyears defense program submitted to Congress pursuant to section 221 of title 10, United States Code, in 2021 together
with the budget of the President for fiscal year 2022.
(b) REQUIREMENTS FOR CHIEF INFORMATION OFFICER.—The
Chief Information Officer of the Department of Defense shall—
(1) oversee the construction and implementation of the
cryptographic modernization schedules required by subsection
(a);
(2) establish and maintain an integrated cryptographic
modernization schedule for the entire Department of Defense,
collating the cryptographic modernization schedules required
under subsection (a); and
(3) in coordination with the Director of the National Security Agency and the Joint Staff Director for Command, Control,
Communications, and Computers/Cyber, use the budget certification, standard-setting, and policy-making authorities provided in section 142 of title 10, United States Code, to amend
Armed Force and Defense Agency and Field Activity plans
for key extension requests and cryptographic modernization
funding and deployment that pose unacceptable risk to military
operations.
(c) ANNUAL NOTICES.—Not later than January 1, 2022, and
not less frequently than once each year thereafter until January
1, 2026, the Chief Information Officer and the Joint Staff Director
shall jointly submit to the congressional defense committees
notification of all—
(1) delays to or planned delays of Armed Force and Defense
Agency and Field Activity funding and deployment of modernized cryptographic algorithms, keys, and equipment over the
previous year; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3443

(2) changes in plans or schedules surrounding key extension
requests and waivers, including—
(A) unscheduled or unanticipated key extension
requests; and
(B) unscheduled or unanticipated waivers and nonwaivers of scheduled or anticipated key extension requests.

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SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL
FEDERAL AVIATION REGULATION WORKING GROUP.

(a) DESIGNATION OF DOD REPRESENTATIVES.—The Secretary
of Defense shall designate the Department of Defense representatives to the Special Federal Aviation Regulation Working Group.
(b) LIMITATION ON AVAILABILITY OF FUNDS FOR OSD.—Of the
aggregate amount authorized to be appropriated by this Act for
fiscal year 2021 and available for the Office of the Secretary of
Defense, not more than 75 percent may be obligated or expended
until the later of the following:
(1) The date on which Secretary certifies, in writing, to
the appropriate committees of Congress that the Department
representatives to the Special Federal Aviation Regulation
Working Group have been designated as required by subsection
(a).
(2) The date on which the Special Federal Aviation Regulation Working Group submits to the appropriate committees
of Congress initial recommendations developed pursuant to subsection (b)(4) of section 1748 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
1847).
(c) REPORT ON FINDINGS AND RECOMMENDATIONS.—
(1) IN GENERAL.—Not later than June 30, 2021, the Special
Federal Aviation Regulation Working Group shall submit to
the appropriate committees of Congress a report setting forth
the findings and recommendations of the Working Group as
developed pursuant to subsection (b) of section 1748 of the
National Defense Authorization Act for Fiscal Year 2020.
(2) CONFORMING AMENDMENTS.—Section 1748 of the
National Defense Authorization Act for Fiscal Year 2020 is
amended—
(A) by striking subsection (d); and
(B) in subsection (e), by striking ‘‘subsection (d)’’ and
inserting ‘‘section 154(c)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021’’.
(d) CERTIFICATION IN CONNECTION WITH CONTRACTS WITH FOREIGN COMPANIES FOR AVIATION SERVICES OVERSEAS.—
(1) IN GENERAL.—Subject to paragraph (2), the Department
of Defense may not enter into a contract with a foreign company
as contracted aviation support to provide aviation services in
an overseas area unless the Secretary certifies, in writing,
to the appropriate committees of Congress each of the following:
(A) That the use of foreign companies to provide such
services in overseas areas is required for the national security of the United States.
(B) That the Department has exhausted all available
authorities to use United States companies to provide such
services in overseas areas.

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Certification.

Recommendations.

PUBL283

134 STAT. 3444

PUBLIC LAW 116–283—JAN. 1, 2021
(2) SUNSET.—The requirement in paragraph (1) shall expire
on the later of—
(A) the date on which the Special Federal Aviation
Regulation Working Group submits to the appropriate
committees of Congress the report required by subsection
(c)(1); and
(B) the date on which the Secretary fully implements
the recommendations contained in that report.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the
Senate; and
(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House
of Representatives.
(2) The term ‘‘Special Federal Aviation Regulation Working
Group’’ means the working group established pursuant to section 1748 of the National Defense Authorization Act for Fiscal
Year 2020.

SEC. 155. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT.
Deadline.

(a) CERTIFICATION ON DIRECTIVE OF IAMD RESPONSIBILITIES
AUTHORITIES.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Chairman of the Joint Chiefs of Staff and the Secretaries
of the military departments, certify that Department of Defense
Directive 5100.01 is current and accurate with respect to integrated
air and missile defense (IAMD) responsibilities and authorities
in support of joint and combined land, sea, air, space and special
forces operations, and in obtaining and maintaining air superiority
or supremacy as required.
(b) IAMD ASSESSMENT BY CHAIRMAN OF THE JOINT CHIEFS
OF STAFF.—
(1) IN GENERAL.—The Chairman of the Joint Chiefs of
Staff shall, in coordination with the Secretaries of the military
departments and the Director of the Missile Defense Agency,
conduct a comprehensive classified assessment of threats to,
and capabilities and capacities of, current and planned
integrated air and missile defense technologies and force structure to meet the requirements of the combatant commands
in support of the National Defense Strategy.
(2) ELEMENTS.—The assessment required by paragraph (1)
shall include the following:
(A) Characterization and analysis of current and
emerging threats, including the following:
(i) Cruise, hypersonic, and ballistic missiles.
(ii) Unmanned aerial systems.
(iii) Rockets and other indirect fire.
(iv) Specific and meaningfully varied examples
within each of clauses (i) through (iii).
(B) Analysis of current and planned integrated air
and missile defense capabilities to counter the threats
characterized and analyzed under subparagraph (A),
including the following:
(i) Projected timelines for development, procurement, and fielding of needed capabilities to defend
AND

Coordination.

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Analyses.

Timelines.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3445

against current and anticipated threats, based on intelligence assessments of such threats.
(ii) Projected capability and capacity gaps in
addressing the threats characterized and assessed
under subparagraph (A), including a delineation of
unfulfilled integrated air and missile defense requirements by combatant command.
(iii) Risk assessment of projected capability and
capacity gaps addressing integrated air and missile
defense requirements of the combatant commands and
the National Defense Strategy.
(iv) Opportunities for acceleration or need for incorporation of interim capabilities to address current and
projected gaps.
(v) Opportunities to leverage allied contributions
for integrated air and missile defense capabilities and
capacities to meet requirements of the combatant commands.
(C) Assessment of the integrated air and missile
defense command, control, and intelligence systems and
architecture, including the following:
(i) A description of the integrated air and missile
defense architecture, and the component counter
unmanned aerial system (C–UAS) sub-architecture of
such architecture.
(ii) Identification of the critical command and control (C2) systems.
(iii) Integration or interoperability of the command
and control systems.
(iv) Integration, interoperability, or compatibility
of the command and control systems with planned
Joint All Domain Command and Control (JADC2)
architecture.
(3) CHARACTERIZATION.—
(A) IN GENERAL.—In carrying out the assessment
required by paragraph (1), the Chairman shall clearly,
on a technical and operational basis, distinguish between
distinctly different threats in the same general class.
(B) EXAMPLE.—The Chairman shall, for example,
ensure that the assessment is not limited to a broad
characterization, such as ‘‘cruise missiles’’, since such
characterization does not sufficiently distinguish between
current cruise missiles and emerging hypersonic cruise missiles, which may require different capabilities to counter
them.
(4) INTERIM BRIEFING AND REPORT.—
(A) INTERIM BRIEFING.—Not later than 60 days after
the date of the enactment of this Act, the Chairman shall
brief the Committees on Armed Services of the Senate
and the House of Representatives on the assessment under
paragraph (1).
(B) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Chairman shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives a report on the findings of
the assessment conducted under paragraph (1).

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Risk assessment.

Assessments.

Deadline.

PUBL283

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Deadline.

Analyses.

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Timelines.

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PUBLIC LAW 116–283—JAN. 1, 2021

(c) SECRETARY OF THE MILITARY DEPARTMENT BRIEFINGS ON
RESPONSE TO IAMD ASSESSMENT.—
(1) IN GENERAL.—Not later than 90 days after the submittal
of the report required by subsection (b)(4)(B), the Secretary
of the Army, the Secretary of the Navy, and the Secretary
of the Air Force shall each brief the Committees on Armed
Services of the Senate and the House of Representatives on
the manner in which the military department under the jurisdiction of such Secretary intends to fulfill the global integrated
air and missile defense requirements of the combatant commands in accordance with Department of Defense Directive
5100.01.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include, for the military department covered by such briefing,
the following:
(A) Analysis of current and planned integrated air
and missile defense capabilities to counter the threats
characterized and analyzed under subsection (b)(2)(A),
including the following:
(i) Projected timelines and costs for development,
procurement, and fielding of planned integrated air
and missile defense capabilities.
(ii) Projected capability gaps and an assessment
of associated risk.
(iii) Opportunities for acceleration or need for
incorporation of interim capabilities to address current
and projected gaps.
(B) Analysis of current and planned capacity to meet
major contingency plan requirements and ongoing global
operations of the combatant commands, including the following:
(i) Current and planned numbers of integrated
air and missile defense systems and formations,
including associated munitions.
(ii) Capacity gaps, and an assessment of associated
risk, in addressing combatant command requirements.
(iii) Operations tempo stress on integrated air and
missile defense formations and personnel.
(iv) Plans to sustain or to increase integrated air
and missile defense personnel and formations.
(C) Assessment of proponency and the distribution of
responsibility and authority for policy and program planning, budgeting, and execution within the military department for integrated air and missile defense and counterunmanned aerial systems, including the following:
(i) A description of the current proponency structure.
(ii) An assessment of the adequacy of the current
proponency structure to facilitate integrated air and
missile defense and counter unmanned aerial systems
functions for the Department of Defense.
(D) Assessment of the feasibility and advisability of
establishing one or more centers of excellence for integrated
air and missile defense, counter unmanned aerial systems,
or both for purposes of planing, organizing, and managing
the military department and joint force efforts to achieve

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134 STAT. 3447

a functional capability and capacity to meet the requirements of the combatant commands.
SEC. 156. JOINT STRATEGY FOR AIR BASE DEFENSE AGAINST MISSILE
THREATS.

(a) STRATEGY REQUIRED.—The Chief of Staff of the Air Force
and the Chief of Staff of the Army shall jointly develop and carry
out a strategy to address the defense of air bases and prepositioned
sites outside the continental United States against current and
emerging missile threats, as validated by the Defense Intelligence
Agency.
(b) CERTIFICATION AND STRATEGY.—Not later than June 1, 2021,
the Chief of Staff of the Air Force and the Chief of Staff of the
Army shall jointly submit to the congressional defense committees
the following:
(1) A certification that the defense of air bases and
prepositioned sites outside the continental United States
against threats described in subsection (a) is being addressed
jointly.
(2) The strategy developed pursuant to subsection (a).
SEC. 157. JOINT ALL DOMAIN COMMAND AND CONTROL REQUIREMENTS.

10 USC 2859
note.

Deadline.

Deadlines.

(a) VALIDATION OF REQUIREMENTS BY JOINT REQUIREMENTS
OVERSIGHT COUNCIL.—Not later than April 1, 2021, the Joint
Requirements Oversight Council (JROC) shall validate requirements for Joint All Domain Command and Control (JADC2).
(b) AIR FORCE CERTIFICATION.—Immediately after the validation of requirements pursuant to subsection (a), the Chief of Staff
of the Air Force shall submit to the congressional defense committees a certification that the current Joint All Domain Command
and Control effort, including programmatic and architecture efforts,
being led by the Air Force will meet the requirements validated
by the Joint Requirements Oversight Council.
(c) CERTIFICATION BY OTHER ARMED FORCES.— Not later than
July 1, 2021, the chief of staff of each Armed Force other than
the Air Force shall submit to the congressional defense committees
a certification whether the efforts of such Armed Force on multidomain command and control are compatible with Joint All Domain
Command and Control architecture.
(d) BUDGETING.—The Secretary of Defense shall incorporate
the expected costs for full development and implementation of Joint
All Domain Command and Control across the Department of
Defense in fiscal year 2022 in the budget of the President for
fiscal year 2022 as submitted to Congress under section 1105 of
title 31, United States Code.
SEC. 158. EXPANSION OF ECONOMIC ORDER QUANTITY CONTRACTING
AUTHORITY FOR F–35 AIRCRAFT PROGRAM.

Section 161(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1246) is amended
by striking ‘‘$574,000,000’’ and inserting ‘‘$1,035,793,000’’.

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SEC. 159. DOCUMENTATION RELATING TO THE F–35 AIRCRAFT PROGRAM.

The Secretary of Defense shall submit to the congressional
defense committees, not later than 15 days following Milestone
C approval for the F–35 aircraft program pursuant to section 2366c

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Certification.

Cost analysis.

Reports.

Cost estimate.

Plan.

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Plan.

Reports.

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PUBLIC LAW 116–283—JAN. 1, 2021

of title 10, United States Code, or entering into a contract for
the full-rate production of F–35 aircraft, the documentation with
respect to the F–35 aircraft program as follows:
(1) A certification by the Under Secretary of Defense for
Acquisition and Sustainment that—
(A) all alternative supply contractors for parts, required
for the airframe and propulsion prime contractors of the
F–35 aircraft program as a result of the removal of the
Republic of Turkey from the program, have been identified,
and all related undefinitized contract actions have been
definitized (as described in section 7401 of part 217 of
the Defense Federal Acquisition Regulation Supplement);
(B) the parts produced by each such contractor have
been qualified and certified as meeting applicable technical
design and use specifications; and
(C) each such contractor has reached the required rate
of production to meet supply requirements for parts under
the program.
(2) A cost analysis, prepared by the joint program office
for the F–35 aircraft program, that assesses and defines—
(A) the manner in which the full integration of Block
4 and Technical Refresh 3 capabilities for each lot of Block
4 production aircraft beginning after lot 14 will affect the
average procurement unit cost of United States variants
of the F–35A, F–35B, and F–35C aircraft; and
(B) the manner in which the establishment of alternate
sources of production and sustainment of supply and repair
parts due to the removal of the Republic of Turkey from
the program will affect such unit cost.
(3) All reports required by section 167 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1250).
(4) An independent cost estimate, prepared by Director
of Cost Assessment and Program Evaluation, that defines, for
each phase of the F–35 aircraft program, the cost to develop,
procure, integrate, and retrofit F–35 aircraft with all Block
4 capability requirements that are specified in the most recent
Block 4 capabilities development document.
(5) A plan to correct or mitigate any deficiency in the
F–35 aircraft, identified as of the date of enactment of this
Act that—
(A) may cause death, severe injury or occupational
illness, or major loss or damage to equipment or a system,
and for which there is no identified workaround (commonly
known as a ‘‘category 1A deficiency’’); or
(B) critically restricts combat readiness capabilities or
results in the inability to attain adequate performance
to accomplish mission requirements (commonly known as
a ‘‘category 1B deficiency’’).
(6) A software and hardware capability, upgrade, and aircraft modification plan for the F–35 aircraft that defines the
cost and schedule for retrofitting F–35 aircraft that currently
have Technical Refresh 2 capabilities installed to ensure
compatibility with Block 4 and Technical Refresh 3 capabilities.
(7) The following reports for the F–35 aircraft program,
as prepared by the Director of Operational Test and Evaluation:

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134 STAT. 3449

(A) A report on the results of the realistic survivability
testing of the F–35 aircraft, as described in section 2366(d)
of title 10, United States Code.
(B) A report on the results of the initial operational
test and evaluation conducted for program, as described
in section 2399(b)(2) of such title.
(8) A mitigation strategy and implementation plan to
address each critical deficiency in the F–35 aircraft autonomic
logistics information system that has been identified as of the
date of enactment of this Act.
(9) A certification that the F–35A aircraft meets required
mission reliability performance using an average sortie duration
of 2 hours and 30 minutes.
(10) A certification that the Secretary has developed and
validated a fully integrated and realistic schedule for the
development, production and integration of Block 4 Technical
Refresh 3 capabilities for the F–35 aircraft, that includes a
strategy for resolving all software technical debt that has
accumulated within the F–35 operational flight program source
code during development, production, and integration of Technical Refresh 1 and Technical Refresh 2 capabilities.
(11) The following:
(A) A complete list of hardware modifications that will
be required to integrate Block 4 capabilities into lot 16
and lot 17 production F–35 aircraft.
(B) An estimate of the costs of any engineering changes
required as a result of such modifications.
(C) A comparison of those engineering changes and
costs with the engineering changes and costs for lot 15
production F–35 aircraft.
SEC. 160. F–35 AIRCRAFT MUNITIONS.

Subject to the availability of appropriations, the Secretary of
the Air Force and the Secretary of the Navy shall, in coordination
with the Director of the F–35 Joint Program Office, certify for
use by the Armed Forces under the jurisdiction of such Secretary
munitions for F–35 aircraft that are qualified on F–35 partner
aircraft of North Atlantic Treaty Organization (NATO) member
nations as of the date of the enactment of this Act.

Mitigation
strategy.
Implementation
plan.
Certification.

Certification.

List.

Cost estimate.

Coordination.
Certification.

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SEC. 161. REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS
INFORMATION SYSTEM FOR THE F–35 FIGHTER AIRCRAFT.

(a) IN GENERAL.—Not later than March 1, 2021, the Under
Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Director of the F–35 Aircraft Joint Program
Office, submit to the congressional defense committees the following:
(1) A report describing a program-wide process for measuring, collecting, and tracking information on the manner in
which the F–35 Autonomic Logistics Information System (ALIS)
is affecting the performance of the F–35 aircraft fleet, including
its effects on aircraft availability and mission capability and
effectiveness rates.
(2) A strategy and implementation plan for the F–35 Operational Data Integrated Network (ODIN) system that is being
developed to replace the F–35 Autonomic Logistics Information
System, including an identification and assessment of goals,
key risks or uncertainties, system performance metrics, and

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Consultation.

Reports.

Implementation
plan.
Assessment.

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PUBLIC LAW 116–283—JAN. 1, 2021

costs of designing, procuring, and fielding the F–35 Operational
Data Integrated Network system.
(b) UPDATES.—In each quarterly briefing required by section
155 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public 115–232; 132 Stat. 1672) for a calendar
quarter beginning on or after January 1, 2022, the Under Secretary
and the Director shall include an update containing current
information on the following:
(1) The manner in which the F–35 Autonomic Logistics
Information System is affecting fleet performance of the F–
35 aircraft fleet.
(2) The progress being made to develop, procure, and field
the F–35 Operational Data Integrated Network system.
SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F–
35 AIRCRAFT.

Consultation.

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List.

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During the quarterly briefing required by section 155 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232; 132 Stat. 1672) covering a quarter
in which mission systems production software for the F–35 aircraft
was released to units operating such aircraft under the F–35 aircraft
continuous capability development and delivery program, the Under
Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Director of Operational Test and Evaluation,
brief the congressional defense committees with the following with
respect to the missions systems production software for the F–
35 aircraft:
(1) An explanation of the types and methods of regression
testing that were completed for the production release of the
software concerned to ensure compatibility and proper
functionality with—
(A) the fire control radar system of each variant of
the F–35 aircraft; and
(B) all weapons certified for carriage and employment
on each variant of the F–35 aircraft.
(2) An identification of any entities that conducted regression testing of such software, including any development facilities of the Federal Government or contractors that conducted
such testing.
(3) A list of deficiencies identified during regression testing
of such software, or by operational units, after fielding of such
software, and an explanation of—
(A) any software modifications, including quick-reaction capability, that were completed to resolve or mitigate
such deficiencies;
(B) with respect to any deficiencies that were not
resolved or mitigated, whether the deficiencies will be corrected in later releases of the software; and
(C) any effects resulting from such deficiencies,
including—
(i) any effects on the cost and schedule for delivery
of the software; and
(ii) in cases in which the deficiencies resulted in
additional, unplanned, software releases, any effects
on the ongoing testing of software capability releases.

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PUBLIC LAW 116–283—JAN. 1, 2021
SEC.

163.

PROHIBITION ON USE
OVERWATCH PROGRAM.

OF

FUNDS

FOR

THE

134 STAT. 3451
ARMED

None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense may
be used to, and the Department may not—
(1) procure armed overwatch aircraft for the United States
Special Operations Command in fiscal year 2021; or
(2) procure armed overwatch aircraft for the Air Force
in fiscal years 2021 through 2023.
SEC. 164. ACCELERATION OF DEVELOPMENT AND FIELDING OF
COUNTER UNMANNED AIRCRAFT SYSTEMS ACROSS THE
JOINT FORCE.

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(a) IMMEDIATE OBJECTIVE FOR EXECUTIVE
SUAS.—The Executive Agent of the Joint Counter

AGENT FOR C–
Small Unmanned
Aircraft Systems (C–sUAS) Office, as designated by the Under
Secretary of Defense for Acquisition and Sustainment, shall
prioritize the objective of developing and executing a plan to
develop, test, and begin production of a counter unmanned aircraft
system that can be fielded as early as fiscal year 2021 to meet
immediate operational needs in countering Group 1, 2, and 3
unmanned aircraft systems and, to the extent practical, has the
potential to counter other, larger unmanned aircraft systems.
(b) DEVELOPMENT AND FIELDING OF C–SUAS SYSTEMS IN FISCAL
YEAR 2021.—In carrying out subsection (a), the Executive Agent
shall consider the selection of counter unmanned aircraft systems
with specific emphasis on systems that—
(1) have undergone successful realistic operational tests
or assessments, or have been or are currently deployed;
(2) will meet the operational requirements of deployed
forces facing current and anticipated unmanned aircraft system
(UAS) threats, including effectiveness against unmanned aircraft systems that are not remotely piloted or are not reliant
on a command link;
(3) use autonomous and semi-autonomous systems and
processes;
(4) are affordable, with low operating and sustainment
costs;
(5) build, to the extent practicable, upon systems that were
selected for fielding in fiscal year 2021;
(6) reduce or accelerate the timeline for initial operational
capability and full operational capability of the counter
unmanned aircraft system prioritized by subsection (a);
(7) enable the flexible and continuous integration of different types of sensors and mitigation solutions based on the
different demands of particular military installations and
deployed forces, physical geographies, and threat profiles; and
(8) are or include systems or component parts that are
commercial items, as required by section 3307 of title 41, United
States Code, including a common command and control system.
(c) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Executive Agent shall brief the congressional defense committees on the following:
(1) The selection process for counter unmanned aircraft
system capabilities prioritized by this section.
(2) The plan prioritized by subsection (a).
(d) OVERSIGHT.—The Executive Agent shall—

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134 STAT. 3452

PUBLIC LAW 116–283—JAN. 1, 2021
(1) oversee the execution of all counter unmanned aircraft
systems being developed by the military departments as of
the day before the date of the enactment of this Act; and
(2) ensure that the plan prioritized by subsection (a) guides
future programmatic and funding decisions for activities
relating to counter unmanned aircraft systems, including any
cancellation of such activities.

SEC. 165. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE ACQUISITION ROADMAP FOR THE UNITED STATES
SPECIAL OPERATIONS COMMAND.
Deadline.

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Analysis.

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(a) IN GENERAL.—Not later than December 1, 2021, the Assistant Secretary of Defense for Special Operations and Low-Intensity
Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense
committees an acquisition roadmap to meet the manned and
unmanned airborne intelligence, surveillance, and reconnaissance
requirements of United States Special Operations Forces.
(b) ELEMENTS.—The roadmap required under subsection (a)
shall include the following:
(1) A description of the current platform requirements for
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities to support United States Special
Operations Forces.
(2) An analysis of the remaining service life of existing
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities currently operated by United States
Special Operations Forces.
(3) An identification of any current or anticipated gaps
for special operations-peculiar manned and unmanned airborne
intelligence, surveillance, and reconnaissance capabilities.
(4) A description of anticipated manned and unmanned
intelligence, surveillance, and reconnaissance platform requirements of the United States Special Operations Forces, including
range, payload, endurance, ability to operate in contested
environments, and other requirements, as appropriate.
(5) A description of the manner in which the anticipated
requirements described in paragraph (4) are in alignment with
the National Defense Strategy and meet the challenge of strategic competition and nation state intelligence collection
requirements.
(6) An explanation of the anticipated mix of manned and
unmanned aircraft, number of platforms, and associated aircrew
and maintainers for support of United States Special Operations Forces.
(7) An explanation of the extent to which service-provided
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities will be required in support of United
States Special Operations Forces, and the manner in which
such capabilities will supplement and integrate with the organic
capabilities possessed by United States Special Operations
Forces.
(8) Any other matters the Assistant Secretary and the
Commander jointly consider appropriate.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3453

SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT OPERATED BY UNITED STATES SPECIAL OPERATIONS COMMAND.

(a) PROHIBITION.—No funds authorized to be appropriated by
this Act may be used to divest any manned intelligence, surveillance, and reconnaissance aircraft operated by the United States
Special Operations Command, and the Department of Defense may
not divest any manned intelligence, surveillance, and reconnaissance aircraft operated by the United States Special Operations
Command in fiscal year 2021.
(b) EXCEPTION.—The prohibition in subsection (a) does not apply
to any divestment of aircraft described in that subsection that
is ongoing as of the date of the enactment of this Act.
SEC. 167. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION SEAT AIRCRAFT LOCATOR BEACONS.

(a) NOTIFICATION.—Not later than 180 days after the date
of the enactment of this Act, and on a semi-annual basis thereafter
until the date specified in subsection (b), the Under Secretary
of Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a written notification that
describes, with respect to the period covered by the notification—
(1) the efforts of the service acquisition executives of the
Department of the Air Force and the Department of the Navy
to replace ejection seat aircraft locator beacons that are—
(A) installed on covered aircraft; and
(B) inoperable in water or in wet conditions; and
(2) the funding allocated for such efforts.
(b) DATE SPECIFIED.—The date specified in this subsection is
the earlier of—
(1) the date on which the Under Secretary of Defense
for Acquisition and Sustainment determines that all ejection
seat aircraft locator beacons installed on covered aircraft are
operable in water and wet conditions; or
(2) the date that is 5 years after the date of the enactment
of this Act.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered aircraft’’ means aircraft of the Air
Force, the Navy, and the Marine Corps that are equipped
with ejection seats.
(2) The term ‘‘service acquisition executive of the Department of the Air Force’’ does not include the Service Acquisition
Executive of the Department of the Air Force for Space Systems
and Programs described in section 957 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
10 U.S.C. 9016 note).

Deadline.
Time period.

Determination.

TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION

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Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of requirements relating to certain cooperative research and
development agreements.

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134 STAT. 3454

PUBLIC LAW 116–283—JAN. 1, 2021

Sec. 212. Disclosure requirements for recipients of Department of Defense research
and development funds.
Sec. 213. Modification of national security innovation activities and pilot program
on strengthening the defense industrial and innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas supportive of
the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science research activities.
Sec. 221. Accountability measures relating to the Advanced Battle Management
System.
Sec. 222. Activities to improve fielding of Air Force hypersonic capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the Department of
Defense.
Sec. 225. Demonstration project on use of certain technologies for fifth-generation
wireless networking services.
Sec. 226. Research, development, and deployment of technologies to support water
sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C—Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research, development, and
transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence Center.
Sec. 234. Application of artificial intelligence to the defense reform pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial intelligence
technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D—Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for Transformation
(SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical talent and
expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering, and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best practices for
technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced technologies.
Sec. 249. Part-time and term employment of university faculty and students in the
Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity activities.
Sec. 251. Coordination of scholarship and employment programs of the Department
of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality talent in
the Department of Defense.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

261.
262.
263.
264.
265.
266.
267.

Subtitle E—Sustainable Chemistry
National coordinating entity for sustainable chemistry.
Strategic plan for sustainable chemistry.
Agency activities in support of sustainable chemistry.
Partnerships in sustainable chemistry.
Prioritization.
Rule of construction.
Major multi-user research facility project.

Subtitle F—Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational Test and
Evaluation.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3455

Sec. 272. Modification to Test Resource Management Center strategic plan reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to include assessment of feasibility and advisability of establishing a program office for
energetics.
Sec. 274. Element in annual reports on cyber science and technology activities on
work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic testing
equipment.
Sec. 278. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of Defense.
Sec. 280. Reports on F–35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems for Low-Cost
Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the United
States to recruit and retain researchers in national security-related and
defense-related fields.

Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in
section 4201.

Subtitle B—Program Requirements,
Restrictions, and Limitations

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SEC. 211. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN
COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.

Section 2350a of title 10, United States Code, is amended—
(1) in subsection (b)(2), by striking ‘‘and the Under Secretary’’ and inserting ‘‘or the Under Secretary’’; and
(2) in subsection (c)—
(A) by striking ‘‘Each cooperative’’ and inserting ‘‘(1)
Except as provided in paragraph (2), each cooperative’’;
and
(B) by adding at the end the following new paragraphs:
‘‘(2) A cooperative research and development project may be
entered into under this section under which costs are shared
between the participants on an unequal basis if the Secretary
of Defense, or an official specified in subsection (b)(2) to whom
the Secretary delegates authority under this paragraph, makes
a written determination that unequal cost sharing provides strategic
value to the United States or another participant in the project.
‘‘(3) For purposes of this subsection, the term ‘cost’ means
the total value of cash and non-cash contributions.’’.

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Definition.

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SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT
FUNDS.

(a) DISCLOSURE REQUIREMENTS.—
(1) IN GENERAL.—Chapter 139 of title 10, United States
Code, is amended by adding at the end the following new
section:
10 USC 2374b.

10 USC 2351
prec.

‘‘§ 2374b. Disclosure requirements for recipients of research
and development funds
‘‘(a) IN GENERAL.—Except as provided in subsections (b) and
(c), an individual or entity (including a State or local government)
that uses funds received from the Department of Defense to carry
out research or development activities shall include, in any public
document pertaining to such activities, a clear statement indicating
the dollar amount of the funds received from the Department for
such activities.
‘‘(b) EXCEPTION.—The disclosure requirement under subsection
(a) shall not apply to a public document consisting of fewer than
280 characters.
‘‘(c) WAIVER.—The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis.
‘‘(d) PUBLIC DOCUMENT DEFINED.—In this section, the term
‘public document’ means any document or other written statement
made available for public reference or use, regardless of whether
such document or statement is made available in hard copy or
electronic format.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘2374b. Disclosure requirements for recipients of research and development funds.’’.

10 USC 2374b
note.

(b) EFFECTIVE DATE AND APPLICABILITY.—The
made by subsection (a) shall take effect on October
shall apply with respect to funds for research and
that are awarded by the Department of Defense on
date.

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SEC.

213.

amendments
1, 2021, and
development
or after that

MODIFICATION OF NATIONAL SECURITY INNOVATION
ACTIVITIES AND PILOT PROGRAM ON STRENGTHENING
THE DEFENSE INDUSTRIAL AND INNOVATION BASE.

(a) NATIONAL SECURITY INNOVATION ACTIVITIES.—Section 230
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is
amended—
(1) by striking subsection (h);
(2) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively;
(3) by inserting after subsection (d) the following new subsection:
‘‘(e) ADVISORY ASSISTANCE.—
‘‘(1) IN GENERAL.—The Under Secretary shall establish a
mechanism to seek advice from existing Federal advisory
committees on matters relating to—
‘‘(A) the implementation and prioritization of activities
established under subsection (a); and

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134 STAT. 3457

‘‘(B) determining how such activities may be used to
support the overall technology strategy of the Department
of Defense.
‘‘(2) EXISTING FEDERAL ADVISORY COMMITTEES DEFINED.—
In this subsection, the term ‘existing Federal advisory committee’ means an advisory committee that—
‘‘(A) is established pursuant to a provision of Federal
law other than this section; and
‘‘(B) has responsibilities relevant to the activities established under subsection (a), as determined by the Under
Secretary.’’; and
(4) in paragraph (1) of subsection (g) (as so redesignated)
by striking ‘‘strengthening manufacturing in the defense industrial base’’ and inserting ‘‘strengthening the defense industrial
and innovation base’’.
(b) PLAN.—Not later than April 1, 2021, the Under Secretary
of Defense for Research and Engineering shall submit to the
congressional defense committees a plan that describes—
(1) the mechanism the Under Secretary will use to seek
advice from existing Federal advisory committees as required
under section 230(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. 2358 note) (as added by subsection (a) of this section);
and
(2) the expected roles and responsibilities of such committees with respect to advising the Under Secretary on the activities established under section 230 of such Act.
(c) PILOT PROGRAM ON DEFENSE INDUSTRIAL AND INNOVATION
BASE.—Section 1711 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2505 note)
is amended—
(1) in the section heading, by striking ‘‘MANUFACTURING
IN THE DEFENSE INDUSTRIAL BASE’’ and inserting ‘‘THE
DEFENSE INDUSTRIAL AND INNOVATION BASE’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting
‘‘and the defense innovation base’’ after ‘‘industrial base’’;
(B) in paragraph (1), by inserting ‘‘development, prototyping, and manufacturing’’ before ‘‘production’’; and
(C) in paragraph (2), by striking ‘‘manufacturing and
production’’ and inserting ‘‘development, prototyping, and
manufacturing’’;
(3) in subsection (b)—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) Section 230 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. 2358 note).’’;
(4) in subsection (c)—
(A) in paragraph (1), by striking ‘‘manufacturing and
production’’ and inserting ‘‘development, prototyping, and
manufacturing’’;
(B) in paragraph (3), by striking ‘‘manufacturing and
production’’;

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PUBLIC LAW 116–283—JAN. 1, 2021
(C) in paragraph (4), by striking ‘‘manufacturers’’ and
inserting ‘‘companies’’; and
(D) in paragraph (5), by striking ‘‘manufacturers’’ and
inserting ‘‘companies’’;
(5) in subsection (d), by striking ‘‘the date that is four
years after the date of the enactment of this Act’’ and inserting
‘‘December 31, 2026’’; and
(6) in subsection (e), by striking ‘‘January 31, 2022’’ and
inserting ‘‘January 31, 2027’’.

SEC. 214. UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE
AND TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.

List.

Contracts.

Section 234 of the John S. McCain National Defense Authorization Act for Fiscal year 2019 (Public Law 115–232; 10 U.S.C. 2358
note) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection (e):
‘‘(e) USE OF QUANTUM COMPUTING CAPABILITIES.—The Secretary of each military department shall—
‘‘(1) develop and annually update a list of technical problems and research challenges which are likely to be addressable
by quantum computers available for use within in the next
one to three years, with a priority for technical problems and
challenges where quantum computing systems have performance advantages over traditional computing systems, in order
to enhance the capabilities of such quantum computers and
support the addressing of relevant technical problems and
research challenges; and
‘‘(2) establish programs and enter into agreements with
appropriate medium and small businesses with functional
quantum computing capabilities to provide such private sector
capabilities to government, industry, and academic researchers
working on relevant technical problems and research activities.’’.
SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY WORKING GROUP.

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Deadline.

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Section 219 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended—
(1) in subsection (c)—
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4);
and
(2) by adding at the end the following new subsection:
‘‘(d) DIRECTED ENERGY WORKING GROUP.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of the National Defense Authorization Act
for fiscal year 2021, the Secretary of Defense shall establish
a working group to be known as the ‘Directed Energy Working
Group’.
‘‘(2) RESPONSIBILITIES.—The Directed Energy Working
Group shall—
‘‘(A) analyze and evaluate the current and planned
directed energy programs of each of the military departments;
‘‘(B) make recommendations to the Secretary of
Defense—

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134 STAT. 3459

‘‘(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.’’.

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Deadline.
Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 216. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT
OF THE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.

Reports.

10 USC 2358
note.

(a) IN GENERAL.—Section 233 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10
U.S.C. 2358 note) is amended—
(1) in subsection (e), by striking ‘‘2022’’ and inserting
‘‘2027’’; and
(2) in subsection (f)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—Not later than one year after the date
of the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, the Secretary
of Defense shall submit to the congressional defense committees
a report on the status of the pilot program.’’; and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(F) With respect to any military department not
participating in the pilot program, an explanation for such
nonparticipation, including identification of—
‘‘(i) any issues that may be preventing such participation; and
‘‘(ii) any offices or other elements of the Department of Defense that may be responsible for the delay
in participation.’’.
(b) TECHNICAL AMENDMENT.—Effective as of December 23,
2016, and as if included therein as enacted, section 233(c)(2)(C)(ii)
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking
‘‘Assistant Secretary of the Army for Acquisition, Technology, and
Logistics’’ and inserting ‘‘Assistant Secretary of the Army for
Acquisition, Logistics, and Technology’’.
(c) EXTENSION OF PILOT PROGRAM TO IMPROVE INCENTIVES FOR
TECHNOLOGY TRANSFER FROM DEPARTMENT OF DEFENSE LABORATORIES.—Subsection (e) of section 233 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10
U.S.C. 2514 note) is amended to read as follows:
‘‘(e) SUNSET.—The pilot program under this section shall terminate on September 30, 2025.’’.
SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECHNOLOGY AREAS SUPPORTIVE OF THE NATIONAL DEFENSE
STRATEGY.

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10 USC 4001
note.

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(a) DESIGNATION OF SENIOR OFFICIALS.—The Under Secretary
of Defense for Research and Engineering shall—
(1) identify technology areas that the Under Secretary considers critical for the support of the National Defense Strategy;
and
(2) for each such technology area, designate a senior official
of the Department of Defense to coordinate research and
engineering activities in that area.
(b) DUTIES.—The duties of each senior official designated under
subsection (a) shall include, with respect to the technology area
overseen by such official—
(1) developing and continuously updating research and
technology development roadmaps, funding strategies, and technology transition strategies to ensure—

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134 STAT. 3461

(A) the effective and efficient development of new
capabilities in the area; and
(B) the operational use of appropriate technologies;
(2) conducting annual assessments of workforce, infrastructure, and industrial base capabilities and capacity to support—
(A) the roadmaps developed under paragraph (1); and
(B) the goals of the National Defense Strategy;
(3) reviewing the relevant research and engineering
budgets of appropriate organizations within the Department
of Defense, including the Armed Forces, and advising the Under
Secretary on—
(A) the consistency of the budgets with the roadmaps
developed under paragraph (1);
(B) any technical and programmatic risks to the
achievement of the research and technology development
goals of the National Defense Strategy;
(C) programs, projects, and activities that demonstrate—
(i) unwanted or inefficient duplication, including
duplication with activities of other government agencies and the commercial sector;
(ii) lack of appropriate coordination with other
organizations; or
(iii) inappropriate alignment with organizational
missions and capabilities;
(4) coordinating the research and engineering activities
of the Department with appropriate international, interagency,
and private sector organizations; and
(5) tasking appropriate intelligence agencies of the Department to develop a direct comparison between the capabilities
of the United States in the technology area concerned and
the capabilities of adversaries of the United States in that
area.
(c) ANNUAL REPORTS.—
(1) IN GENERAL.—Not later than December 1, 2021, and
not later than December 1 of each year thereafter through
December 1, 2025, the Under Secretary shall submit to the
congressional defense committees a report on research and
engineering activities and on the status of the technology areas
identified under subsection (a)(1), including a description of
any programs, projects, or activities in such areas, that have,
in the year preceding the date of the report—
(A) achieved significant technical progress;
(B) transitioned from the research and development
phase to formal acquisition programs;
(C) transitioned from the research and development
phase into operational use; or
(D) been transferred from the Department of Defense
to private sector organizations for further commercial
development or commercial sales.
(2) FORM.—Each report under paragraph (1) shall submitted in unclassified form that can be made available to
the public, but may include a classified annex.
(d) COORDINATION OF RESEARCH AND ENGINEERING ACTIVITIES.—The Service Acquisition Executive for each military department and the Director of the Defense Advanced Research Projects
Agency shall each identify senior officials to ensure coordination

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information.

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134 STAT. 3462

PUBLIC LAW 116–283—JAN. 1, 2021

of appropriate research and engineering activities with each of
the senior officials designated under subsection (a).
(e) CONFORMING AMENDMENTS.—Section 218 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109–364; 10 U.S.C. 2358 note) is amended—
(1) in subsection (a) by striking the second sentence and
inserting ‘‘The Office shall carry out the program and activities
described in subsections (b) and (c) and shall have such other
responsibilities relating to hypersonics as the Secretary shall
specify’’;
(2) by striking subsections (b), (e) and (f);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b)(1), as so redesignated, by striking
‘‘provide the Office with’’ and all that follows through the period
at the end and inserting ‘‘provide the Office with foundational
and applied hypersonic research, development, and workforce
support in areas that the Office determines to be relevant
for the Department of Defense.’’;
(5) in subsection (c), as so redesignated—
(A) in the matter preceding paragraph (1), by striking
‘‘In carrying out the program required by subsection (b),
the Office’’ and inserting ‘‘The Office’’;
(B) by amending paragraph (1) to read as follows:
‘‘(1) Expedite testing, evaluation, and acquisition of
hypersonic technologies to meet the stated needs of the
warfighter, including flight testing, ground-based-testing, and
underwater launch testing.’’;
(C) by striking paragraphs (2) and (3);
(D) by redesignating paragraphs (4), (5), (6), and (7)
as paragraphs (2), (3), (4), and (6), respectively;
(E) by amending paragraph (2), as so redesignated,
to read as follows:
‘‘(2) Ensure prototyping demonstration programs on
hypersonic systems integrate advanced technologies to speed
the maturation and deployment of future hypersonic systems.’’;
(F) by amending paragraph (3), as so redesignated,
to read as follows:
‘‘(3) Ensure that any demonstration program on hypersonic
systems is carried out only if determined to be consistent with
the roadmap for the relevant critical technology area supportive
of the National Defense Strategy, as developed by the senior
official with responsibility for such area under section 217
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021.’’;
(G) by amending paragraph (4), as so redesignated,
to read as follows:
‘‘(4) Develop strategies and roadmaps for hypersonic technologies to enable the transition of such technologies to future
operational capabilities for the warfighter.’’;
(H) by inserting after paragraph (4), as so redesignated,
the following:
‘‘(5) Develop and implement a strategy for enhancing the
current and future hypersonics workforce.’’; and
(I) by amending paragraph (6), as so redesignated,
to read as follows:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3463

‘‘(6) Coordinate with relevant stakeholders and agencies
to support the technological advantage of the United States
in developing hypersonic systems.’’.
SEC. 218. EXECUTIVE AGENT FOR AUTONOMY.

(a) IN GENERAL.—Not later than February 1, 2022, the Secretary of the Navy shall designate an existing program executive
officer from within the Department of the Navy to serve as the
acquisition executive agent for autonomy who shall be the official
within the Department with primary responsibility for the acquisition of autonomous technology. The officer designated as acquisition
executive agent for autonomy shall carry out the responsibilities
of such position in addition to the responsibilities otherwise assigned
to such officer as a program executive officer.
(b) PROGRAM EXECUTIVE OFFICER DEFINED.—In this section,
the term ‘‘program executive officer’’ has the meaning given that
term in section 1737(a)(4) of title 10, United States Code.

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SEC. 219. NATIONAL SECURITY INNOVATION PARTNERSHIPS.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish
an activity—
(1) to support partnerships between the Department of
Defense and academic institutions, private sector firms in
defense and commercial sectors, commercial accelerators and
incubators, commercial innovation hubs, public sector organizations, and nonprofit entities with missions relating to national
security innovation;
(2) to expand the national security innovation base,
including through engagement with academia, defense industry,
commercial industry, government organizations, and the venture capital community;
(3) to accelerate the transition of technologies and services
into acquisition programs and operational use;
(4) to work in coordination with the Under Secretary of
Defense for Personnel and Readiness, other organizations
within the Office of the Secretary, and the Armed Forces to
create new pathways and models of national security service
that facilitate employment within the Department;
(5) to facilitate engagement with entities described in paragraph (1) for the purpose of developing solutions to national
security and defense problems articulated by entities within
the Department, including through programs such as the
Hacking for Defense program;
(6) to establish physical locations throughout the United
States to support partnerships with academic, government, and
private sector industry partners; and
(7) to enhance the capabilities of the Department in market
research, industrial and technology base awareness, source
selection, partnerships with private sector capital, and access
to commercial technologies.
(b) AUTHORITIES.—In addition to the authorities provided under
this section, in carrying out this section, the Secretary of Defense
may use the following authorities:
(1) Section 1599g of title 10, United States Code, relating
to public-private talent exchanges.
(2) Section 2368 of title 10, United States Code, relating
to Centers for Science, Technology, and Engineering Partnerships.

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10 USC 8013
note.
Deadline.
Designation.

10 USC 4811
note.

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134 STAT. 3464

(3) Section 2374a of title 10, United States Code, relating
to prizes for advanced technology achievements.
(4) Section 2474 of title 10, United States Code, relating
to Centers of Industrial and Technical Excellence.
(5) Section 2521 of title 10, United States Code, relating
to the Manufacturing Technology Program.
(6) Subchapter VI of chapter 33 of title 5, United States
Code, relating to assignments to and from States.
(7) Chapter 47 of title 5, United States Code, relating
to personnel research programs and demonstration projects.
(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title
31, United States Code, relating to cooperative research and
development agreements.
(9) Such other authorities as the Secretary considers appropriate.
(c) IMPLEMENTATION.—
(1) SUPPORT FROM OTHER DEPARTMENT OF DEFENSE
ORGANIZATIONS.—The Secretary of Defense may direct other
organizations and elements of the Department of Defense to
provide personnel, resources, and other support to the activity
established under this section, as the Secretary determines
appropriate.
(2) IMPLEMENTATION PLAN.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
plan for implementing the activity established under this
section.
(B) ELEMENTS.—The plan required under subparagraph (A) shall include the following:
(i) Plans that describe any support that will be
provided for the activity by other organizations and
elements of the Department of Defense under paragraph (1).
(ii) Plans for the implementation of the activity,
including plans for—
(I) future funding and administrative support
of the activity;
(II) integration of the activity into the
programming, planning, budgeting, and execution
process of the Department of Defense;
(III) integration of the activity with the other
programs and initiatives within the Department
that have missions relating to innovation and outreach to the academic and the private sector ;
and
(IV) performance indicators by which the
activity will be assessed and evaluated.
(iii) A description of any additional authorities the
Secretary may require to effectively carry out the
responsibilities under this section.

Deadline.

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10 USC 4001
note.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 220. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMATION SCIENCE RESEARCH ACTIVITIES.

(a) ESTABLISHMENT.—The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3465

shall carry out a program of research and development in social
science, management science, and information science.
(b) PURPOSES.—The purposes of the program under subsection
(a) are as follows:
(1) To ensure that the Department of Defense has access
to innovation and expertise in social science, management
science, and information science to enable the Department to
improve the effectiveness, efficiency, and agility of the Department’s operational and management activities.
(2) To develop and manage a portfolio of research initiatives
in fundamental and applied social science, management science,
and information science that is stable, consistent, and balanced
across relevant disciplines.
(3) To enhance cooperation and collaboration on research
and development in the fields of social science, management
science, and information science between the Department of
Defense and appropriate private sector and international entities that are involved in research and development in such
fields.
(4) To accelerate the development of a research community
and industry to support Department of Defense missions in
the fields of social science, management science, and information science, including the development of facilities, a workforce,
infrastructure, and partnerships in support of such missions.
(5) To coordinate all research and development within the
Department of Defense in the fields of social science, management science, and information science.
(6) To collect, synthesize, and disseminate critical information on research and development in the fields of social science,
management science, and information science.
(7) To assess and appropriately share, with other departments and agencies of the Federal Government and appropriate
entities in the private sector—
(A) challenges within the Department of Defense that
may be addressed through the application of advances in
social science, management science, and information
science; and
(B) datasets related to such challenges.
(8) To support the identification of organizational and
institutional barriers to the implementation of management
and organizational enhancements and best practices.
(9) To accelerate efforts—
(A) to transition, and deploy within the Department
of Defense, technologies and concepts derived from research
and development in the fields of social science, management
science, and information science; and
(B) to establish policies, procedures, and standards
for measuring the success of such efforts.
(10) To integrate knowledge from cross-disciplinary
research on—
(A) how factors relating to social science, management
science, and information science affect the global security
environment; and
(B) best practices for management in the public and
private sectors.
(11) To apply principles, tools, and methods from social
science, management science, and information science—

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Consultation.
Plans.

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PUBLIC LAW 116–283—JAN. 1, 2021

(A) to ensure the Department of Defense is more agile,
efficient, and effective in organizational management and
in deterring and countering current and emerging threats;
and
(B) to support the National Defense Strategy.
(c) ADMINISTRATION.—The Under Secretary of Defense for
Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a).
(d) ACTIVITIES.—The Under Secretary of Defense for Research
and Engineering, in consultation with the Under Secretary of
Defense for Policy, the Secretaries of the military departments,
and the heads of relevant Defense Agencies, shall—
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program, including—
(A) optimization of analysis of national security data
sets;
(B) development of innovative defense-related management activities;
(C) improving the operational use of social science,
management science, and information science innovations
by military commanders and civilian leaders;
(D) improving understanding of the fundamental social,
cultural, and behavioral forces that shape the strategic
interests of the United States; and
(E) developing a Department of Defense workforce
capable of developing and leveraging innovations and best
practices in the fields of social science, management
science, and information science to support defense missions;
(2) develop a coordinated and integrated research and
investment plan for meeting near-term, mid-term, and longterm national security, defense-related, and Departmental
management challenges that—
(A) includes definitive milestones;
(B) provides for achieving specific technical goals;
(C) establishes pathways to address the operational
and management missions of the Department through—
(i) the evaluation of innovations and advances in
social science, management science, and information
science for potential implementation within the Department; and
(ii) implementation of such innovations and
advances within the Department, as appropriate; and
(C) builds upon the investments of the Department,
other departments and agencies of the Federal Government, and the commercial sector in the fields of social
science, management science, and information science;
(3) develop plans for—
(A) the development of the Department’s workforce
in social science, management science, and information
science; and
(B) improving awareness of—
(i) the fields of social science, management science,
and information science;
(ii) advances and innovations in such fields; and

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(iii) and the ability of such advances and innovations to enhance the efficiency and effectiveness of
the Department; and
(4) develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under
Secretary determines necessary—
(A) to carry out the program under subsection (a);
and
(B) to transition appropriate products, services, and
innovations relating social science, management science,
and information science into use within the Department.
(e) GUIDANCE REQUIRED.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense
for Research and Engineering shall develop and issue guidance
for defense-related social science, management science, and
information science activities, including—
(A) classification and data management plans for such
activities;
(B) policies for control of personnel participating in
such activities to protect national security interests; and
(C) ensuring that research findings and innovations
in the fields of social science, management science, and
information science are incorporated into the activities and
strategic documents of the Department.
(2) UPDATES.—The Under Secretary of Defense for Research
and Engineering shall regularly update the guidance issued
under paragraph (1).
(f) DESIGNATION OF ENTITY.—The Secretary of each military
department may establish or designate an entity or activity under
the jurisdiction of such Secretary, which may include a Department
of Defense Laboratory, an academic institution, or another appropriate organization, to support interdisciplinary research and
development activities in the fields of social science, management
science, and information science, and engage with appropriate
public and private sector organizations, including academic institutions, to enhance and accelerate the research, development, and
deployment of social science, management science, and information
science within the Department.
(g) USE OF OTHER AUTHORITY.—The Secretary of Defense shall
use the authority provided under section 217 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115–
91; 10 U.S.C. 2358 note) to enhance the ability of the Department
of Defense to access technical talent and expertise at academic
institutions in support of the purposes of this section.
(h) REPORT.—
(1) IN GENERAL.—Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report on the program under subsection (a).
(2) FORM OF REPORT.—The report required under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex.

Memorandums.
Determination.

Deadline.

Plans.

Classified
information.

SEC. 221. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED
BATTLE MANAGEMENT SYSTEM.

(a) COST ASSESSMENTS.—

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Deadline.
Consultation.

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Deadline.
Time period.

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(1) INITIAL COST ESTIMATE.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Air Force, in consultation with the Director of Cost Assessment
and Program Evaluation, shall—
(A) define key technical, programmatic, and operational
characteristics for the Advanced Battle Management
System; and
(B) produce an initial cost estimate for the System
that includes—
(i) estimated costs for each product category
described in the report submitted to Congress under
section 236 the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
1281); and
(ii) a description of each cost estimating methodology used in the preparation of the estimate.
(2) REVIEW AND REPORT.—Not later than 120 days after
the completion of the estimate required under paragraph (1),
the Air Force Cost Analysis Agency shall—
(A) conduct a non-advocate cost assessment of the estimate; and
(B) submit to the congressional defense committees
and the Government Accountability Office a report on the
results of the assessment.
(b) PROGRAM UPDATE BRIEFINGS.—
(1) IN GENERAL.—Beginning not later than January 1, 2021,
and on a quarterly basis thereafter, the Secretary of the Air
Force shall provide to the congressional defense committees
a program update briefing on the Advanced Battle Management
System and all associated technologies.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include—
(A) a detailed explanation of any on-ramp exercise
of the Advanced Battle Management System conducted
during the quarter covered by the report, including an
explanation of—
(i) the objectives achieved by the exercise and any
data collected for the purposes of decision making;
(ii) identification of the portions of the exercise
that were scripted and unscripted and any technical
workarounds or substitutes used for purposes of the
exercise; and
(iii) the interim capabilities provided to combatant
commanders after the conclusion of the exercise (commonly known as ‘‘leave behind’’ capabilities) and a
plan for the sustainment or upgrade of such capabilities; and
(iv) the total cost of the exercise and a breakdown
of the costs with respect to technology, range and demonstration resources, personnel, and logistics; and
(B) such other information as the Secretary of the
Air Force determines appropriate.
(c) REPORT ON SECURITY AND RESILIENCY MEASURES.—At the
same time as the budget of the President for fiscal year 2022
is submitted to Congress pursuant to section 1105(a) of title 31,
United States Code, the Secretary of the Air Force shall submit
to the congressional defense committees a report that describes

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how the Secretary plans to ensure the security and resiliency of
the Advanced Battle Management System, including a description
of any information assurance and anti-tamper requirements for
the System.
(d) ADDITIONAL REPORT AND BRIEFINGS.—Not later than April
1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees the following:
(1) REPORT ON PLANNED CAPABILITIES.—A report on the
planned product line capabilities of the Advanced Battle
Management System, including—
(A) a description of the technologies needed to implement and achieve such product line capabilities;
(B) a timeline for the technical maturation of such
product line capabilities; and
(C) a notional schedule for fielding such product line
capabilities over the period covered by the most recent
future-years defense program submitted under section 221
of title 10, United States Code, as of the date of the report.
(2) BRIEFING ON ACQUISITION AUTHORITIES.—A briefing on
the allocation of responsibilities among the individuals and
entities responsible for acquisition for the Advanced Battle
Management System, including an explanation of how decisionmaking and governance of the acquisition process is allocated
among the Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics, the Chief Architect Integration
Office, the Air Force Warfighting Integration Capability, and
other entities within the Department of the Air Force that
are expected provide capabilities for the System.
(3) BRIEFING ON ALIGNMENT WITH COMMON MISSION CONTROL CENTER.—A briefing, which may be provided in classified
or unclassified form, that explains how, and to what extent,
the Advanced Battle Management System will be aligned and
coordinated with the Common Mission Control Center of the
Air Force.
(e) ADVANCED BATTLE MANAGEMENT SYSTEM DEFINED.—In this
section, the term ‘‘Advanced Battle Management System’’ has the
meaning given that term in section 236(c) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1281).
(f) CONFORMING REPEAL.—Section 147(g) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 132 Stat. 1670) is repealed.

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SEC.

222.

ACTIVITIES TO IMPROVE FIELDING
HYPERSONIC CAPABILITIES.

OF

AIR

FORCE

(a) IMPROVEMENT OF GROUND-BASED TEST FACILITIES.—The
Secretary of Defense shall take such actions as may be necessary
to improve ground-based test facilities used for the research,
development, test, and evaluation of hypersonic capabilities.
(b) INCREASING FLIGHT TEST RATE.—The Secretary of Defense
shall increase the rate at which hypersonic capabilities are flight
tested to expedite the maturation and fielding of such capabilities.
(c) STRATEGY AND PLAN.—Not later than 60 days after the
date of the enactment of this Act, the Chief of Staff of the Air
Force, in consultation with the Under Secretary of Defense for
Research and Engineering, shall submit to the congressional defense
committees a strategy and plan for fielding air-launched and air-

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Timeline.
Schedule.

Classified
information.

10 USC 4001
note.

Deadline.
Consultation.
Time period.

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134 STAT. 3470

Consultation.

Assessment.

42 USC 6605.

Certification.

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PUBLIC LAW 116–283—JAN. 1, 2021

breathing hypersonic weapons capabilities within the period of three
years following such date of enactment.
(d) REPORT.—In addition to the strategy and plan required
under subsection (c), not later than 60 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in consultation with the Director of
Operational Test and Evaluation, shall submit to the congressional
defense committees a report on the testing capabilities and infrastructure used for hypersonic weapons development. The report
shall include—
(1) an assessment of the sufficiency of the testing capabilities and infrastructure used for fielding hypersonic weapons;
and
(2) a description of any investments in testing capabilities
and infrastructure that may be required to support in-flight
and ground-based testing for such weapons.
SEC. 223. DISCLOSURE OF FUNDING SOURCES IN APPLICATIONS FOR
FEDERAL RESEARCH AND DEVELOPMENT AWARDS.

(a) DISCLOSURE REQUIREMENT.—Each Federal research agency
shall require, as part of any application for a research and development award from such agency—
(1) that each covered individual listed on the application—
(A) disclose the amount, type, and source of all current
and pending research support received by, or expected to
be received by, the individual as of the time of the disclosure;
(B) certify that the disclosure is current, accurate, and
complete; and
(C) agree to update such disclosure at the request
of the agency prior to the award of support and at any
subsequent time the agency determines appropriate during
the term of the award; and
(2) that any entity applying for such award certify that
each covered individual who is employed by the entity and
listed on the application has been made aware of the requirements under paragraph (1).
(b) CONSISTENCY.—The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under
section 1746(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) shall ensure
that the requirements issued by Federal research agencies under
subsection (a) are consistent.
(c) ENFORCEMENT.—
(1) REJECTION FOR VIOLATION OF LAW OR AGENCY TERMS.—
A Federal research agency may reject an application for a
research and development award if the current and pending
research support disclosed by an individual under subsection
(a) violates Federal law or agency terms and conditions.
(2) ENFORCEMENT FOR NONCOMPLIANCE.—Subject to paragraph (3), in the event that a covered individual listed on
an entity’s application for a research and development award
knowingly fails to disclose information under subsection (a),
a Federal research agency may take one or more of the following
actions:
(A) Reject the application.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3471

(B) Suspend or terminate a research and development
award made by that agency to the individual or entity.
(C) Temporarily or permanently discontinue any or
all funding from that agency for the individual or entity.
(D) Temporarily or permanently suspend or debar the
individual or entity in accordance with part 180 of title
2, Code of Federal Regulations, any successor regulation,
or any other appropriate law or regulation, from receiving
government funding.
(E) Refer the failure to disclose under subsection (a)
to the Inspector General of the agency concerned for further
investigation or to Federal law enforcement authorities
to determine whether any criminal or civil laws were violated.
(F) Place the individual or entity in the Federal
Awardee Performance and Integrity Information System
for noncompliance to alert other agencies.
(G) Take such other actions against the individual
or entity as are authorized under applicable law or regulations.
(3) SPECIAL RULE FOR ENFORCEMENT AGAINST ENTITIES.—
An enforcement action described in paragraph (2) may be taken
against an entity only in a case in which—
(A) the entity did not meet the requirements of subsection (a)(2);
(B) the entity knew that a covered individual failed
to disclose information under subsection (a)(1) and the
entity did not take steps to remedy such nondisclosure
before the application was submitted; or
(C) the head of the Federal research agency concerned
determines that—
(i) the entity is owned, controlled, or substantially
influenced by a covered individual; and
(ii) such individual knowingly failed to disclose
information under subsection (a)(1).
(4) NOTICE.—A Federal research agency that intends to
take action under paragraph (1) or (2) shall, as practicable
and in accordance with part 180 of title 2, Code of Federal
Regulations, any successor regulation, or any other appropriate
law or regulation, notify each individual or entity subject to
such action about the specific reason for the action, and shall
provide such individuals and entities with the opportunity to,
and a process by which, to contest the proposed action.
(5) EVIDENTIARY STANDARDS.—A Federal research agency
seeking suspension or debarment under paragraph (2)(D) shall
abide by the procedures and evidentiary standards set forth
in part 180 of title 2, Code of Federal Regulations, any successor
regulation, or any other appropriate law or regulation.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered individual’’ means an individual
who—
(A) contributes in a substantive, meaningful way to
the scientific development or execution of a research and
development project proposed to be carried out with a
research and development award from a Federal research
agency; and

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134 STAT. 3472

PUBLIC LAW 116–283—JAN. 1, 2021
(B) is designated as a covered individual by the Federal
research agency concerned.
(2) The term ‘‘current and pending research support’’—
(A) means all resources made available, or expected
to be made available, to an individual in support of the
individual’s research and development efforts, regardless
of—
(i) whether the source of the resource is foreign
or domestic;
(ii) whether the resource is made available through
the entity applying for a research and development
award or directly to the individual; or
(iii) whether the resource has monetary value; and
(B) includes in-kind contributions requiring a commitment of time and directly supporting the individual’s
research and development efforts, such as the provision
of office or laboratory space, equipment, supplies,
employees, or students.
(3) The term ‘‘entity’’ means an entity that has applied
for or received a research and development award from a Federal research agency.
(4) The term ‘‘Federal research agency’’ means any Federal
agency with an annual extramural research expenditure of
over $100,000,000.
(5) The term ‘‘research and development award’’ means
support provided to an individual or entity by a Federal
research agency to carry out research and development activities, which may include support in the form of a grant, contract,
cooperative agreement, or other such transaction. The term
does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the
administrative needs of a Federal research agency.

10 USC 4571
note.

SEC. 224. GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE DEPARTMENT OF DEFENSE.

Consultation.

Timeline.

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Determination.

Deadline.

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(a) TRANSITION OF 5G WIRELESS NETWORKING TO OPERATIONAL
USE.—
(1) TRANSITION PLAN REQUIRED.—The Under Secretary of
Defense for Research and Engineering, in consultation with
the cross functional team established under subsection (c), shall
develop a plan to transition fifth-generation (commonly known
as ‘‘5G’’) wireless technology to operational use within the
Department of Defense.
(2) ELEMENTS.—The transition plan under paragraph (1)
shall include the following:
(A) A timeline for the transition of responsibility for
5G wireless networking to the Chief Information Officer,
as required under subsection (b)(1).
(B) A description of the roles and responsibilities of
the organizations and elements of the Department of
Defense with respect to the acquisition, sustainment, and
operation of 5G wireless networking for the Department,
as determined by the Secretary of Defense in accordance
with subsection (d).
(3) INTERIM BRIEFING.—Not later than March 31, 2021
the Secretary of Defense shall provide to the congressional

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3473

defense committees a briefing on the status of the plan required
under paragraph (1).
(4) FINAL REPORT.—Not later than September 30, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a report that includes the plan developed
under paragraph (1).
(b) SENIOR OFFICIAL FOR 5G WIRELESS NETWORKING.—
(1) DESIGNATION OF CHIEF INFORMATION OFFICER.—Not
later than October 1, 2023, the Secretary of Defense shall
designate the Chief Information Officer as the senior official
within Department of Defense with primary responsibility for—
(A) policy, oversight, guidance, research, and coordination on matters relating to 5G wireless networking; and
(B) making proposals to the Secretary on governance,
management, and organizational policy for 5G wireless networking.
(2) ROLE OF UNDER SECRETARY OF DEFENSE FOR RESEARCH
AND ENGINEERING.—The Under Secretary of Defense for
Research and Engineering shall carry out the responsibilities
specified in paragraph (1) until the date on which the Secretary
of Defense designates the Chief Information Officer as the
senior official responsible for 5G wireless networking under
such paragraph.
(c) CROSS-FUNCTIONAL TEAM FOR 5G WIRELESS NETWORKING.—
(1) ESTABLISHMENT.—Using the authority provided under
section 911(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note),
the Secretary of Defense shall establish a cross-functional team
for 5G wireless networking.
(2) DUTIES.—The duties of the cross-functional team established under paragraph (1) shall be—
(A) to assist the Secretary of Defense in determining
the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the
acquisition, sustainment, and operation of 5G wireless networking, as required under subsection (d);
(B) to assist the senior official responsible for 5G wireless networking in carrying out the responsibilities
assigned to such official under subsection (b);
(C) to oversee the implementation of the strategy developed under section 254 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
2223a note) for harnessing 5G wireless networking technologies, coordinated across all relevant elements of the
Department;
(D) to advance the adoption of commercially available,
next-generation wireless communication technologies,
capabilities, security, and applications by the Department
and the defense industrial base; and
(E) to support public-private partnerships between the
Department and industry on matters relating to 5G wireless networking;
(F) to coordinate research and development,
implementation and acquisition activities, warfighting concept development, spectrum policy, industrial policy and

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Deadline.

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134 STAT. 3474

Effective date.

Deadline.

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Analysis.

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PUBLIC LAW 116–283—JAN. 1, 2021

commercial outreach and partnership relating to 5G wireless networking in the Department, and interagency and
international engagement;
(G) to integrate the Department’s 5G wireless networking programs and policies with major initiatives, programs, and policies of the Department relating to secure
microelectronics and command and control; and
(H) to oversee, coordinate, execute, and lead initiatives
to advance 5G wireless network technologies and associated
applications developed for the Department.
(3) TEAM LEADER.—The Under Secretary of Defense for
Research and Engineering shall lead the cross-functional team
established under paragraph (1) until the date on which the
Secretary of Defense designates the Chief Information Officer
as the senior official responsible for 5G wireless networking
as required under subsection (b)(1). Beginning on the date
of such designation, the Chief Information Officer shall lead
the cross functional team.
(d) DETERMINATION OF ORGANIZATIONAL ROLES AND RESPONSIBILITIES.—The Secretary of Defense, acting through the crossfunctional team established under subsection (c), shall determine
the roles and responsibilities of the organizations and elements
of the Department of Defense with respect to the acquisition,
sustainment, and operation of 5G wireless networking for the
Department, including the roles and responsibilities of the Office
of the Secretary of Defense, the intelligence components of the
Department, Defense Agencies and Department of Defense Field
Activities, the Armed Forces, combatant commands, and the Joint
Staff.
(e) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a briefing on the progress
of the Secretary in—
(1) establishing the cross-functional team under subsection
(c); and
(2) determining the roles and responsibilities of the
organizations and elements of the Department of Defense with
respect to 5G wireless networking as required under subsection
(d).
(f) 5G PROCUREMENT DECISIONS.—Each Secretary of a military
department shall be responsible for decisions relating to the
procurement of 5G wireless technology for that department.
(g) TELECOMMUNICATIONS SECURITY PROGRAM.—
(1) PROGRAM REQUIRED.—The Secretary of Defense shall
carry out a program to identify and mitigate vulnerabilities
in the 5G telecommunications infrastructure of the Department
of Defense.
(2) ELEMENTS.—In carrying out the program under paragraph (1), the Secretary shall—
(A) develop a capability to communicate clearly and
authoritatively about threats by foreign adversaries;
(B) conduct independent red-team security analysis of
systems, subsystems, devices, and components of the
Department of Defense including no-knowledge testing and
testing with limited or full knowledge of expected
functionalities;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3475

(C) verify the integrity of personnel who are tasked
with design fabrication, integration, configuration, storage,
test, and documentation of noncommercial 5G technology
to be used by the Department;
(D) verify the efficacy of the physical security measures
used at Department locations where system design, fabrication, integration, configuration, storage, test, and documentation of 5G technology occurs;
(E) direct the Chief Information Officer to assess, using
existing government evaluation models and schema where
applicable, 5G core service providers whose services will
be used by the Department through the Department’s
provisional authorization process; and
(F) direct the Defense Information Systems Agency
and the United States Cyber Command to develop a capability for continuous, independent monitoring of noncommercial, government-transiting packet streams for 5G
data on frequencies assigned to the Department to validate
the availability, confidentiality, and integrity of the Department’s communications systems.
(3) IMPLEMENTATION PLAN.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a plan for the implementation of
the program under paragraph (1).
(4) REPORT.—Not later than 270 days after submitting
the plan under paragraph (3), the Secretary of Defense shall
submit to Congress a report that includes—
(A) a comprehensive assessment of the findings and
conclusions of the program under paragraph (1);
(B) recommendations on how to mitigate vulnerabilities
in the telecommunications infrastructure of the Department of Defense; and
(C) an explanation of how the Department plans to
implement such recommendations.
(h) RULE OF CONSTRUCTION.—
(1) IN GENERAL.—Nothing in this section shall be construed
as providing the Chief Information Officer immediate responsibility for the activities of the Department of Defense in fifthgeneration wireless networking experimentation and science
and technology development.
(2) PURVIEW OF EXPERIMENTATION AND SCIENCE AND TECHNOLOGY DEVELOPMENT.—The activities described in paragraph
(1) shall remain within the purview of the Under Secretary
of Defense for Research and Engineering, but shall inform
and be informed by the activities of the cross-functional team
established pursuant to subsection (c).

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SEC. 225. DEMONSTRATION PROJECT ON USE OF CERTAIN TECHNOLOGIES FOR FIFTH-GENERATION WIRELESS NETWORKING SERVICES.

Assessment.

Deadline.

Assessment.
Recommendations.

10 USC 4571
note.

(a) DEMONSTRATION PROJECT.—The Secretary of Defense shall
carry out a demonstration project to evaluate the maturity, performance, and cost of covered technologies to provide additional options
for providers of fifth-generation wireless network services.
(b) LOCATION.—The Secretary of Defense shall carry out the
demonstration project under subsection (a) in at least one location

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134 STAT. 3476

PUBLIC LAW 116–283—JAN. 1, 2021

where the Secretary plans to deploy a fifth-generation wireless
network.
(c) COORDINATION.—The Secretary shall carry out the demonstration project under subsection (a) in coordination with at least
one major wireless network service provider based in the United
States.
(d) COVERED TECHNOLOGIES DEFINED.—In this section, the term
‘‘covered technologies’’ means—
(1) a disaggregated or virtualized radio access network
and core in which components can be provided by different
vendors and interoperate through open protocols and interfaces,
including those protocols and interfaces utilizing the Open
Radio Access Network (commonly known as ‘‘Open RAN’’ or
‘‘oRAN’’) approach; and
(2) one or more massive multiple-input, multiple-output
radio arrays, provided by one or more companies based in
the United States, that have the potential to compete favorably
with radios produced by foreign companies in terms of cost,
performance, and efficiency.

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10 USC 4001
note.

SEC. 226. RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF TECHNOLOGIES TO SUPPORT WATER SUSTAINMENT.

(a) IN GENERAL.—The Secretary of Defense shall research,
develop, and deploy advanced water harvesting technologies to support and improve water sustainment within the Department of
Defense and in geographic regions where the Department operates.
(b) REQUIRED ACTIVITIES.—In carrying out subsection (a), the
Secretary shall—
(1) develop advanced water harvesting systems that reduce
weight and logistics support needs compared to conventional
water supply systems, including—
(A) modular water harvesting systems that are easily
transportable; and
(B) trailer mounted water harvesting systems that
reduce resupply needs;
(2) develop and implement storage requirements for water
harvesting systems at forward operating bases; and
(3) establish cross functional teams to identify geographic
regions where the deployment of water harvesting systems
could reduce conflict and potentially eliminate the need for
the presence of the Armed Forces.
(c) ADDITIONAL ACTIVITIES.—In addition to the activities
required under subsection (b), the Secretary shall—
(1) seek to leverage existing water harvesting techniques
and technologies and apply such techniques and technologies
to military operations carried out by the United States;
(2) consider using commercially available off-the-shelf items
(as defined in section 104 of title 41, United States Code)
and near-ready deployment technologies to achieve cost savings
and improve the self sufficiency of warfighters; and
(3) seek to enter into information sharing arrangements
with foreign militaries and other organizations that have the
proven ability to operate in water constrained areas for the
purpose of sharing lessons learned and best practices relating
to water harvesting.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3477

(d) IMPLEMENTATION.—The Secretary shall deploy technologies
developed under subsection (b)(1) for use by expeditionary forces
not later than January 1, 2025.
(e) WATER HARVESTING DEFINED.—In this section, the term
‘‘water harvesting’’, when used with respect to a system or technology, means a system or technology that is capable of creating
useable water by—
(1) harvesting water from underutilized environmental
sources, such as by capturing water from ambient humidity;
or
(2) recycling or otherwise reclaiming water that has previously been used.

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SEC.

227.

LIMITATION ON CONTRACT
UNMANNED VESSELS.

AWARDS

FOR

CERTAIN

(a) LIMITATION.—Not less than 30 days before awarding a contract using any funds from the Research, Development, Test, and
Evaluation, Navy account for the purchase of a covered vessel,
the Secretary of the Navy shall submit to the congressional defense
committees a report and certification described in subsection (c)
for such contract and covered vessel.
(b) COVERED VESSELS.—For purposes of this section, a covered
vessel is one of the following:
(1) A large unmanned surface vessel (LUSV).
(2) A medium unmanned surface vehicle (MUSV).
(c) REPORT AND CERTIFICATION DESCRIBED.—A report and certification described in this subsection regarding a contract for a
covered vessel is—
(1) a report—
(A) submitted to the congressional defense committees
not later than 60 days after the date of the completion
of an independent technical risk assessment for such covered vessel;
(B) on the findings and recommendations of the Senior
Technical Authority for the class of naval vessels that
includes the covered vessel with respect to such assessment;
and
(C) that includes such assessment; and
(2) a certification, submitted to the congressional defense
committees with the report described in paragraph (1), that
certifies that—
(A) the Secretary has determined, in conjunction with
the Senior Technical Authority for the class of naval vessels
that includes the covered vessel, that the critical mission,
hull, mechanical, and electrical subsystems of the covered
vessel—
(i) have been demonstrated in vessel-representative form, fit, and function; and
(ii) have achieved performance levels equal to or
greater than applicable Department of Defense
threshold requirements for such class of vessels or
have maturation plans in place to achieve such
performance levels prior to transition to a program
of record, including a detailed description of such
achieved performance or maturation plans; and
(B) such contract is necessary to meet Department
research, development, test, and evaluation objectives for

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Reports.
Certification.

Risk assessment.

Recommendations.

Determination.

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Effective date.

Compliance.

Determination.

Deadline.

Cost estimates.

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Cost estimates.

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PUBLIC LAW 116–283—JAN. 1, 2021
such covered vessel that cannot otherwise be met through
further land-based subsystem prototyping or other demonstration approaches.
(d) LIMITATION ON WEAPON INTEGRATION.—
(1) IN GENERAL.—The Secretary may not integrate any
offensive weapon system into a covered vessel until the date
that is 30 days after the date on which the Secretary of the
Defense certifies to the congressional defense committees that
such covered vessel—
(A) will comply with applicable laws, including the
law of armed conflict, with a detailed explanation of how
such compliance will be achieved; and
(B) has been determined to be the most appropriate
surface vessel to meet applicable offensive military requirements.
(2) COMPLETION OF ANALYSIS OF ALTERNATIVES REQUIRED.—
A determination under paragraph (1)(B) shall be made only
after the completion of an analysis of alternatives that—
(A) is described in subsection (e)(1); and
(B) supports such determination.
(e) SUBMITTAL OF ANALYSIS OF ALTERNATIVES TO CONGRESS.—
(1) ANALYSIS OF ALTERNATIVES REQUIRED.—Not later than
one year after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense committees
an analysis of alternatives regarding covered vessels with an
integrated offensive weapon system and the most appropriate
surface vessels to meet applicable offensive military requirements.
(2) CONTENTS.—The analysis submitted under paragraph
(1) shall include, at a minimum, the following elements:
(A) Identification of capability needs applicable to such
covered vessels, including offensive strike capability and
capacity from the Mark–41 vertical launch system.
(B) Projected threats.
(C) Projected operational environments.
(D) Projected operational concepts.
(E) Projected operational requirements.
(F) Status quo (baseline) and surface vessel alternatives able to meet the capability needs identified in
subparagraph (A), including—
(i) modified naval vessel designs, including
amphibious ships, expeditionary fast transports, and
expeditionary sea bases;
(ii) modified commercial vessel designs, including
container ships and bulk carriers;
(iii) new naval vessel designs; and
(iv) new commercial vessel designs.
(G) Vessel design, performance, and measures of
effectiveness of the baseline and each alternative, including
a description of critical mission, hull, mechanical, and electrical subsystems.
(H) Estimated research, development, test, and evaluation cost of baseline and each alternative.
(I) Estimated lead vessel and average follow-on vessel
procurement costs of baseline and each alternative.
(J) Life-cycle costs of baseline and each alternative.

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134 STAT. 3479

(K) Life-cycle cost per baseline vessel and each alternative vessel.
(L) Life-cycle cost per specified quantity of baseline
vessels and alternative vessels.
(M) Technology readiness assessment of baseline and
each alternative.
(N) Analysis of alternatives, including relative cost and
capability performance of baseline and alternative vessels.
(O) Trade-off analysis.
(P) Sensitivity analysis.
(Q) Conclusions and recommendations, which if the
Secretary of Defense deems it appropriate, shall include
the determination required under subsection (d)(1)(B).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘critical mission, hull, mechanical, and electrical subsystems’’, with respect to a covered vessel, includes
the following subsystems:
(A) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance.
(B) Autonomous vessel navigation, vessel control, contact management, and contact avoidance.
(C) Communications security, including cryptopgraphy,
encryption, and decryption.
(D) Main engines, including the lube oil, fuel oil, and
other supporting systems.
(E) Electrical generation and distribution, including
supporting systems.
(F) Military payloads.
(G) Any other subsystem identified as critical by the
Senior Technical Authority for the class of naval vessels
that includes the covered vessel.
(2) The term ‘‘Senior Technical Authority’’ means, with
respect to a class of naval vessels, the Senior Technical
Authority designated for that class of naval vessels under section 8669b of title 10, United States Code.

Assessment.

Recommendations.

Subtitle C—Artificial Intelligence and
Emerging Technology

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SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTELLIGENCE CENTER.

Section 260(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1293) is amended
by adding at the end the following new paragraphs:
‘‘(11) The results of an assessment, conducted biannually,
on the efforts of the Center and the Department of Defense
to develop or contribute to the development of standards for
artificial intelligence, including—
‘‘(A) a description of such efforts;
‘‘(B) an evaluation of the need to incorporate standards
for artificial intelligence into the strategies and doctrine
of the Department and a description of any efforts undertaken to further the development and adoption of such
standards;
‘‘(C) an explanation of any collaboration on artificial
intelligence standards development with—

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Assessments.
Time period.

Evaluation.

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134 STAT. 3480

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(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.’’.

Time periods.

Time period.
Updates.
Consultation.
Assessment.

Analysis.

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SEC.

232.

MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE
RESEARCH, DEVELOPMENT, AND TRANSITION ACTIVITIES.

Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
2358 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘acquire,’’ before
‘‘develop’’; and
(B) by amending paragraph (2) to read as follows:
‘‘(2) EMPHASIS.—The set of activities established under
paragraph (1) shall include—
‘‘(A) acquisition and development of mature artificial
intelligence technologies in support of defense missions;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3481

‘‘(B) applying artificial intelligence and machine
learning solutions to operational problems by directly delivering artificial intelligence capabilities to the Armed Forces
and other organizations and elements of the Department
of Defense;
‘‘(C) accelerating the development, testing, and fielding
of new artificial intelligence and artificial intelligenceenabling capabilities; and
‘‘(D) coordinating and deconflicting activities involving
artificial intelligence and artificial intelligence-enabled
capabilities within the Department.’’;
(2) by striking subsection (e);
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new subsection:
‘‘(c) ORGANIZATION AND ROLES.—
‘‘(1) ASSIGNMENT OF ROLES AND RESPONSIBILITIES.—
‘‘(A) IN GENERAL.—In addition to designating an official
under subsection (b), the Secretary of Defense shall assign
to appropriate officials within the Department of Defense
roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements
for, and operational use of artificial intelligence technologies.
‘‘(B) APPROPRIATE OFFICIALS.—The officials assigned
roles and responsibilities under subparagraph (A) shall
include—
‘‘(i) the Under Secretary of Defense for Research
and Engineering;
‘‘(ii) the Under Secretary of Defense for Acquisition
and Sustainment;
‘‘(iii) the Director of the Joint Artificial Intelligence
Center;
‘‘(iv) one or more officials in each military department;
‘‘(v) officials of appropriate Defense Agencies; and
‘‘(vi) such other officials as the Secretary of Defense
determines appropriate.
‘‘(2) ROLE OF DIRECTOR OF THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—
‘‘(A) DIRECT REPORT TO DEPUTY SECRETARY OF
DEFENSE.—During the covered period, the Director of the
Joint Artificial Intelligence Center shall report directly to
the Deputy Secretary of Defense without intervening
authority.
‘‘(B) CONTINUATION.—The Director of the Joint Artificial Intelligence Center shall continue to report to the
Deputy Secretary of Defense as described in subparagraph
(A) after the expiration of the covered period if, not later
than 30 days before such period expires, the Deputy Secretary—
‘‘(i) determines that the Director should continue
to report to Deputy Secretary without intervening
authority; and
‘‘(ii) transmits notice of such determination to the
congressional defense committees.

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Deadline.

Determination.

Notice.

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Deadline.
Regulations.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(C) COVERED PERIOD DEFINED.—In this paragraph, the
term ‘covered period’ means the period of two years beginning on the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021.’’;
(5) in subsection (d), as so redesignated—
(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘acquire,’’ before ‘‘develop’’;
(B) in the heading of paragraph (2), by striking
‘‘DEVELOPMENT’’ and inserting ‘‘ACQUISITION, DEVELOPMENT’’; and
(C) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘To the degree practicable, the designated official’’ and inserting ‘‘The official designated under subsection (b)’’;
(ii) in subparagraph (A), by striking ‘‘development’’
and inserting ‘‘acquisition’’;
(iii) by redesignating subparagraphs (H) and (I)
as subparagraphs (J) and (K), respectively; and
(iv) by inserting after subparagraph (G), the following new subparagraphs:
‘‘(H) develop standard data formats for the Department
that—
‘‘(i) aid in defining the relative maturity of
datasets; and
‘‘(ii) inform best practices for cost and schedule
computation, data collection strategies aligned to mission outcomes, and dataset maintenance practices;
‘‘(I) establish data and model usage agreements and
collaborative partnership agreements for artificial intelligence product development with each organization and
element of the Department, including each of the Armed
Forces;’’;
(6) in subsection (e), as so redesignated—
(A) by striking ‘‘The Secretary shall’’ and inserting
‘‘Not later than 180 days after the date of the enactment
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, the Secretary of
Defense shall issue regulations to’’;
(B) by striking ‘‘the coordination described in subsection (b) and the duties set forth in subsection (c)’’ and
inserting ‘‘the duties set forth in subsection (d)’’; and
(C) by adding at the end the following new sentence:
‘‘At a minimum, such access shall ensure that the Director
of the Joint Artificial Intelligence Center has the ability
to discover, access, share, and appropriately reuse data
and models of the Armed Forces and other organizations
and elements of the Department of Defense, build and
maintain artificial intelligence capabilities for the Department, and execute the duties assigned to the Director by
the Secretary.’’; and
(7) by adding at the end the following new subsection:
‘‘(h) JOINT ARTIFICIAL INTELLIGENCE CENTER DEFINED.—In this
section, term ‘Joint Artificial Intelligence Center’ means the Joint
Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3483

dated June 27, 2018, and titled ‘Establishment of the Joint Artificial
Intelligence Center’, or any successor to such Center.’’.
SEC. 233. BOARD OF ADVISORS FOR THE JOINT ARTIFICIAL INTELLIGENCE CENTER.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a board of advisors for the Joint Artificial Intelligence Center.
(b) DUTIES.—The duties of the board of advisors shall include
the following:
(1) Provide independent strategic advice and technical
expertise to the Secretary and the Director on matters relating
to the development and use of artificial intelligence by the
Department of Defense.
(2) Evaluate and advise the Secretary and the Director
on ethical matters relating to the development and use of
artificial intelligence by the Department.
(3) Conduct long-term and long-range studies on matters
relating to artificial intelligence, as required.
(4) Evaluate and provide recommendations to the Secretary
and the Director regarding the Department’s development of
a robust workforce proficient in artificial intelligence.
(5) Assist the Secretary and the Director in developing
strategic level guidance on artificial intelligence-related hardware procurement, supply-chain matters, and other technical
matters relating to artificial intelligence.
(c) MEMBERSHIP.—The board of advisors shall be composed
of appropriate experts from academic or private sector organizations
outside the Department of Defense, who shall be appointed by
the Secretary.
(d) CHAIRPERSON.—The chairperson of the board of advisors
shall be selected by the Secretary.
(e) MEETINGS.—The board of advisors shall meet not less than
once each fiscal quarter and may meet at other times at the call
of the chairperson or a majority of its members.
(f) REPORTS.—Not later than September 30 of each year through
September 30, 2024, the board of advisors shall submit to the
congressional defense committees a report that summarizes the
activities of the board over the preceding year.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘artificial intelligence’’ has the meaning given
that term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 10 U.S.C. 2358 note).
(2) The term ‘‘Director’’ means the Director of the Joint
Artificial Intelligence Center.
(3) The term ‘‘Joint Artificial Intelligence Center’’ means
the Joint Artificial Intelligence Center of the Department of
Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled ‘‘Establishment of the Joint Artificial Intelligence Center’’, or any successor to such Center.
(4) The term ‘‘Secretary’’ means the Secretary of Defense.

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SEC. 234. APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE
DEFENSE REFORM PILLAR OF THE NATIONAL DEFENSE
STRATEGY.

10 USC 4001
note.

Appointments.

Time period.

Time period.

10 USC 113 note.

(a) IDENTIFICATION OF USE CASES.—The Secretary of Defense,
acting through such officers and employees of the Department of

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134 STAT. 3484

Coordination.

Deadline.

PUBLIC LAW 116–283—JAN. 1, 2021

Defense as the Secretary considers appropriate, including the chief
data officers and chief management officers of the military departments, shall identify a set of no fewer than five use cases of
the application of existing artificial intelligence enabled systems
to support improved management of enterprise acquisition, personnel, audit, or financial management functions, or other appropriate management functions, that are consistent with reform
efforts that support the National Defense Strategy.
(b) PROTOTYPING ACTIVITIES ALIGNED TO USE CASES.—The Secretary, acting through the Under Secretary of Defense for Research
and Engineering and in coordination with the Director of the Joint
Artificial Intelligence Center and such other officers and employees
as the Secretary considers appropriate, shall pilot technology
development and prototyping activities that leverage commercially
available technologies and systems to demonstrate new artificial
intelligence enabled capabilities to support the use cases identified
under subsection (a).
(c) BRIEFING.—Not later than October 1, 2021, the Secretary
shall provide to the congressional defense committees a briefing
summarizing the activities carried out under this section.
SEC. 235. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED
ARTIFICIAL INTELLIGENCE TECHNOLOGY.

(a) ASSESSMENT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, shall
conduct an assessment to determine—
(A) whether the Department of Defense has the ability,
requisite resourcing, and sufficient expertise to ensure that
any artificial intelligence technology acquired by the
Department is ethically and responsibly developed; and
(B) how the Department can most effectively implement ethical artificial intelligence standards in acquisition
processes and supply chains.
(2) ELEMENTS.—The assessment conducted under paragraph (1) shall address the following:
(A) Whether there are personnel occupying relevant
roles within the Department of Defense who have sufficient
expertise, across multiple disciplines (including ethical,
legal, and technical expertise)—
(i) to advise on the acquisition of artificial intelligence technology; and
(ii) to ensure the acquisition of ethically and
responsibly developed artificial intelligence technology.
(B) The feasibility and advisability of retaining outside
experts as consultants to assist the Department in
strengthening capacity and filling any gaps in expertise
identified under subparagraph (A).
(C) The extent to which existing acquisition processes
encourage or require consultation with relevant experts
across multiple disciplines within the Department to ensure
that artificial intelligence technology acquired by the
Department is ethically and responsibly developed.
(D) Quantitative and qualitative standards for
assessing the extent to which experts across multiple disciplines are engaged in the acquisition of artificial intelligence technology by the department.

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Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3485

(b) BRIEFING REQUIRED.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the Secretary of Defense completes the assessment
under subsection (a), the Secretary shall provide to the congressional defense committees a briefing on the results of the assessment.
(2) ELEMENTS.—The briefing under paragraph (1) shall
include, based on the results of the assessment—
(A) an explanation of whether the Department of
Defense has personnel, in the proper roles and with sufficient expertise across multiple disciplines, to ensure the
acquisition of ethically and responsibly developed artificial
intelligence technology;
(B) an explanation of whether the Department has
adequate procedures to encourage or require the consultation of such experts as part of the acquisition process
for artificial intelligence technology;
(C) an explanation of any procedures the Department
has in place to ensure that activities involving artificial
intelligence are consistent with the Department’s ethical
artificial intelligence standards; and
(D) with respect to any deficiencies identified under
subparagraph (A), (B), or (C), a description of any measures
that have been taken, and any additional resources that
may be needed, to mitigate such deficiencies.

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SEC. 236. STEERING COMMITTEE ON EMERGING TECHNOLOGY.

(a) ESTABLISHMENT.—The Secretary of Defense may establish
a steering committee on emerging technology and national security
threats (referred to in this section as the ‘‘Steering Committee’’).
(b) MEMBERSHIP.—The Steering Committee shall be composed
of the following:
(1) The Deputy Secretary of Defense.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary of Defense for Intelligence and
Security.
(4) The Under Secretary of Defense for Research and
Engineering.
(5) The Under Secretary of Defense for Personnel and
Readiness.
(6) The Under Secretary of Defense for Acquisition and
Sustainment.
(7) The Chief Information Officer.
(8) Such other officials of the Department of Defense as
the Secretary of Defense determines appropriate.
(c) RESPONSIBILITIES.—The Steering Committee shall be responsible for—
(1) developing a strategy for the organizational change,
concept and capability development, and technology investments in emerging technologies that are needed to maintain
the technological superiority of the United States military as
outlined in the National Defense Strategy;
(2) providing assessments of emerging threats and identifying investments and advances in emerging technology areas
undertaken by adversaries of the United States;
(3) making recommendations to the Secretary of Defense
on—

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(A) the implementation of the strategy developed under
paragraph (1);
(B) steps that may be taken to address the threats
identified under paragraph (2);
(C) any changes to a program of record that may
be required to achieve the strategy under paragraph (1);
(D) any changes to the Defense Planning Guidance
required by section 113(g)(2)(A) of title 10, United States
Code, that may be required to achieve the strategy under
paragraph (1); and
(E) whether sufficient resources are available for the
research activities, workforce, and infrastructure of the
Department of Defense to support the development of
capabilities to defeat emerging threats to the United States;
and
(4) carrying out such other activities as are assigned to
the Steering Committee by the Secretary of Defense.
(d) EMERGING TECHNOLOGY DEFINED.—In this section, the term
‘‘emerging technology’’ means technology determined to be in an
emerging phase of development by the Secretary, including
quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy,
hypersonics, biotechnology, medical technologies, and such other
technology as may be identified by the Secretary.
(e) SUNSET.—This section shall terminate on October 1, 2024.

Subtitle D—Education and Workforce
Development
10 USC 501 note
prec.

SEC. 241. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY.

Deadline.

(a) IN GENERAL.—Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall carry
out the following activities:
(1) Leverage existing civilian software development and
software architecture certification programs to implement
coding language proficiency and artificial intelligence competency tests within the Department of Defense that—
(A) measure an individual’s competency in using
machine learning tools, in a manner similar to the way
the Defense Language Proficiency Test measures competency in foreign language skills;
(B) enable the identification of members of the Armed
Forces and civilian employees of the Department of Defense
who have varying levels of quantified coding comprehension
and skills and a propensity to learn new programming
paradigms, algorithms, and data analytics; and
(C) include hands-on coding demonstrations and challenges.
(2) Update existing recordkeeping systems to track artificial
intelligence and programming certification testing results in
a manner that is comparable to the system used for tracking
and documenting foreign language competency, and use that
recordkeeping system to ensure that workforce coding and

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Update.
Records.

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134 STAT. 3487

artificial intelligence comprehension and skills are taken into
consideration when making assignments.
(3) Implement a system of rewards, including appropriate
incentive pay and retention incentives, for members of the
Armed Forces and civilian employees of the Department of
Defense who perform successfully on specific language coding
proficiency and artificial intelligence competency tests and
make their skills available to the Department.
(b) INFORMATION SHARING WITH OTHER FEDERAL AGENCIES.—
The Secretary of Defense shall share information on the activities
carried out under subsection (a) with the Secretary of Homeland
Security, the Attorney General, the Director of National Intelligence, and the heads of such other organizations of the intelligence
community as the Secretary determines appropriate, for purposes
of—
(1) making information about the coding language proficiency and artificial intelligence competency tests developed
under such subsection available to other Federal national security agencies; and
(2) encouraging the heads of such agencies to implement
tracking and reward systems that are comparable to those
implemented by the Department of Defense pursuant to such
subsection.
(c) SPECIAL PAY FOR PROGRAMMING LANGUAGE PROFICIENCY
BENEFICIAL FOR NATIONAL SECURITY INTERESTS.—
(1) IN GENERAL.—Chapter 81 of title 10, United States
Code, is amended by inserting after section 1596b the following
new section:

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‘‘§ 1596c. Programming language proficiency: special pay for
proficiency beneficial for national security
interests
‘‘(a) AUTHORITY.—The Secretary of Defense, under the sole and
exclusive discretion of the Secretary, may pay special pay under
this section to an employee of the Department of Defense who—
‘‘(1) has been certified by the Secretary to be proficient
in a computer or digital programming language identified by
the Secretary as being a language in which proficiency by
civilian personnel of the Department is necessary because of
national security interests; and
‘‘(2) is assigned duties requiring proficiency in that
programming language.
‘‘(b) RATE.—The rate of special pay for an employee under
this section shall be prescribed by the Secretary, but may not
exceed 20 percent of the employee’s rate of basic pay.
‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special
pay under this section is in addition to any other pay or allowances
to which the employee is entitled.
‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to carry out this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 81 of such title is amended by inserting

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Determination.

10 USC 1596c.

Certification.

10 USC 1580
prec.

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PUBLIC LAW 116–283—JAN. 1, 2021
after the item relating to section 1596b the following new
item:

‘‘1596c. Programming language proficiency: special pay for proficiency beneficial for
national security interests.’’.
SEC. 242. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH
FOR TRANSFORMATION (SMART) DEFENSE EDUCATION
PROGRAM.

Section 2192a of title 10, United States Code, is amended—
(1) in subsection (c)(1)(B)(i), by inserting ‘‘, including by
serving on active duty in the Armed Forces’’ after ‘‘Department’’;
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) may establish arrangements so that participants may
participate in a paid internship for an appropriate period with
an industry sponsor.’’; and
(3) in subsection (f)—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate
public and private sector organizations to diversify the participants
in the program under subsection (a).’’.
SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY
FELLOWSHIP OF DEPARTMENT OF DEFENSE.

(a) MODIFICATION REGARDING BASIC PAY.—Subparagraph (A)
of section 235(a)(4) of National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 10 U.S.C. 1580 note prec.) is
amended to read as follows:
‘‘(A) shall be compensated at a rate of basic pay that
is not less than the minimum rate of basic pay payable
for a position at GS–10 of the General Schedule (subchapter
III of chapter 53 of title 5, United States Code) and not
more than the maximum rate of basic pay payable for
a position at GS–15 of such Schedule; and’’.
(b) BACKGROUND CHECKS.—Subsection (b) of such section is
amended by adding at the end the following new paragraph:
‘‘(3) BACKGROUND CHECK REQUIREMENT.—No individual
may participate in the fellows program without first undergoing
a background check that the Secretary of Defense considers
appropriate for participation in the program.’’.

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SEC. 244. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS
TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS.

Section 217 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘National Defense Authorization Act
for Fiscal Year 2020’’ and inserting ‘‘William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021’’; and

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(ii) by striking ‘‘not fewer than three’’ and inserting
‘‘not fewer than four’’;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) COORDINATION.—In carrying out paragraph (1), the
Secretary of Defense may act through the Defense Advanced
Research Projects Agency or any other organization or element
of the Department of Defense the Secretary considers appropriate.’’; and
(D) in paragraph (3), as so redesignated, by inserting
‘‘training,’’ after ‘‘management,’’;
(2) in subsection (e)—
(A) in paragraph (28) by striking ‘‘Infrastructure resilience’’ and inserting ‘‘Additive manufacturing’’;
(B) by redesignating paragraph (30) as paragraph (31);
and
(C) by inserting after paragraph (29) the following
new paragraph:
‘‘(30) 3D and virtual technology training platforms.’’;
(3) by redesignating subsections (f) and (g) as subsection
(g) and (h), respectively;
(4) by inserting after subsection (e) the following new subsection:
‘‘(f) REQUIREMENT TO ESTABLISH CONSORTIA.—
‘‘(1) IN GENERAL.—In carrying out subsection (a)(1)—
‘‘(A) the Secretary of Defense shall seek to establish
at least one multi-institution consortium through the Office
of the Secretary of Defense;
‘‘(B) the Secretary of the Army shall seek to establish
at least one multi-institution consortium through the Army;
‘‘(C) the Secretary of the Navy shall seek to establish
at least one multi-institution consortium through the Navy;
and
‘‘(D) the Secretary of the Air Force shall seek to establish at least one multi-institution consortium through the
Air Force.
‘‘(2) REPORT REQUIRED.—Not later than September 30,
2022, the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the efforts to
establish consortia under paragraph (1).’’; and
(5) in subsection (g), as so redesignated, by striking ‘‘2022’’
and inserting ‘‘2026’’.

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SEC. 245. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS (STEM) PROGRAMS.

10 USC 2191
note prec.

(a) IN GENERAL.—The Under Secretary of Defense for Research
and Engineering, in coordination with the Under Secretary of
Defense for Acquisition and Sustainment, shall develop programs
and incentives to ensure that Department of Defense contractors
take appropriate steps to—
(1) enhance undergraduate, graduate, and doctoral programs in science, technology, engineering, and mathematics
(in this section referred to as ‘‘STEM’’);
(2) make investments, such as programming and curriculum development, in STEM programs within elementary
schools and secondary schools;

Coordination.

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134 STAT. 3490

Procedures.

Reports.

10 USC 2001
note prec.

(3) encourage employees to volunteer in elementary schools
and secondary schools, including schools that the Secretary
of Defense determines serve high numbers or percentages of
students from low-income families or that serve significant
populations of military dependents, in order to enhance STEM
education and programs;
(4) establish partnerships with appropriate entities,
including institutions of higher education for the purpose of
training students in technical disciplines;
(5) make personnel available to advise and assist in STEM
educational activities aligned with functions of the Department
of Defense;
(6) award scholarships and fellowships, and establish workbased learning programs in scientific disciplines;
(7) conduct recruitment activities to enhance the diversity
of the STEM workforce; or
(8) make internships available to students of secondary
schools, undergraduate, graduate, and doctoral programs in
STEM disciplines.
(b) AWARD PROGRAM.—The Secretary of Defense shall establish
procedures to recognize defense industry contractors that demonstrate excellence in supporting STEM education, partnerships,
programming, and other activities to enhance participation in STEM
fields.
(c) IMPLEMENTATION.—Not later than 270 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional defense
committees a report on the steps taken to implement the requirements of this section.
(d) DEFINITIONS.—In this section:
(1) The terms ‘‘elementary school’’ and ‘‘secondary school’’
have the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) The term ‘‘institution of higher education’’ has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(e) CONFORMING REPEAL.—Section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10
U.S.C. note prec. 2191) is repealed.
SEC. 246. TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL
IN BEST PRACTICES FOR TECHNICAL WORKFORCE.

(a) PILOT TRAINING PROGRAM.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness and the Under Secretary of Defense for Research
and Engineering, shall develop and implement a pilot program
to provide covered human resources personnel with training
in public and private sector best practices for attracting and
retaining technical talent.
(2) TRAINING AREAS.—The pilot program shall include
training in the authorities and procedures that may be used
to recruit technical personnel for positions in the Department
of Defense, including—
(A) appropriate direct hiring authorities;

Deadline.

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Procedures.

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(B) excepted service authorities;
(C) personnel exchange authorities;
(D) authorities for hiring special government employees
and highly qualified experts;
(E) special pay authorities; and
(F) private sector best practices to attract and retain
technical talent.
(3) METRICS.—The Secretary of Defense shall develop
metrics to evaluate the effectiveness of the pilot program in
contributing to the ability of the Department of Defense to
attract and retain technical talent.
(4) PLAN REQUIRED.—The Secretary of Defense shall
develop a plan for the implementation of the pilot program.
(b) REPORTS.—
(1) REPORT ON PLAN.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that sets forth the plan required under subsection (a)(4).
(2) REPORT ON PILOT PROGRAM.—Not later than three years
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report on the results of the pilot program.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered human resources personnel’’ means
members of the Armed Forces and civilian employees of the
Department of Defense, including human resources professionals, hiring managers, and recruiters, who are responsible
for hiring technical talent.
(2) The term ‘‘technical talent’’ means individuals with
expertise in high priority technical disciplines.
(d) TERMINATION.—The requirement to carry out the pilot program under this section shall terminate five years after the date
of the enactment of this Act.

VerDate Sep 11 2014

SEC. 247. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS
TO EVALUATE CERTAIN APPLICANTS FOR TECHNICAL
POSITIONS.

10 USC 1580
note prec.

(a) PILOT PROGRAM.—Beginning not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program under which certain applicants
for technical positions within the Department of Defense will be
evaluated, in part, based on electronic portfolios of the applicant’s
work, as described in subsection (b).
(b) ACTIVITIES.—Under the pilot program, the human resources
manager of each organization of the Department of Defense participating in the program, in consultation with relevant subject matter
experts, shall—
(1) identify a subset of technical positions for which the
evaluation of electronic portfolios would be appropriate as part
of the hiring process; and
(2) as appropriate, assess applicants for such positions
by reviewing electronic portfolios of the applicants’ best work,
as selected by the applicant concerned.
(c) SCOPE OF PROGRAM.—The Secretary of Defense shall carry
out the pilot program under subsection (a) in—
(1) the Joint Artificial Intelligence Center;
(2) the Defense Digital Service;

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Assessment.

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Recommendations.

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Recommendations.

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(3) at least one activity of each military department, as
identified by the Secretary of the department concerned; and
(4) such other organizations and elements of the Department of Defense as the Secretary determines appropriate.
(d) REPORT.—Not later than two years after the commencement
of the pilot program under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a report on
the results of the program. At a minimum, the report shall—
(1) describe how the use of electronic portfolios in the
hiring process affected the timeliness of the hiring process
for technical positions in organizations of the Department of
Defense participating in the program;
(2) assess the level of satisfaction of organization leaders,
hiring authorities, and subject matter experts with the quality
of applicants who were hired based on evaluations of electronic
portfolios;
(3) identify other job series that could benefit from the
use of electronic portfolios in the hiring process;
(4) recommend whether the use of electronic portfolios in
the hiring process should be expanded or made permanent;
and
(5) recommend any statutory, regulatory, or policy changes
required to support the goals of the pilot program under subsection (a).
(e) TECHNICAL POSITION DEFINED.—In this section, the term
‘‘technical position’’ means a position in the Department of Defense
that—
(1) requires expertise in artificial intelligence, data science,
or software development; and
(2) is eligible for direct hire authority under section 9905
of title 5, United States Code, or section 2358a of title 10,
United States Code.
(f) TERMINATION.—The authority to carry out the pilot program
under subsection (a) shall terminate 5 years after the date of
the enactment of this Act.

10 USC 2001
note prec.

SEC.

List.

(a) ONLINE COURSES.—The Secretary of Defense shall carry
out a pilot program under which the Secretary makes available
a list of approved online courses relating to advanced technologies
that may be taken by civilian employees of the Department of
Defense and members of the Armed Forces on a voluntary basis
while not engaged in the performance of their duties.
(b) PROCEDURES.—The Secretary shall establish procedures for
the development, selection, approval, adoption, and evaluation of
online courses under subsection (a) to ensure that such courses
are supportive of the goals of this section and overall goals for
the training and education of the civilian and military workforce
of the Department of Defense.
(c) DOCUMENTATION OF COMPLETION.—The Secretary of Defense
shall develop and implement a system—
(1) to confirm whether a civilian employee of the Department of Defense or member of the Armed Forces has completed
an online course approved by the Secretary under subsection
(a); and

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(2) to document the completion of such course by such
employee or member.
(d) INCENTIVES.—The Secretary of Defense shall develop and
implement incentives to encourage civilian employees of the Department of Defense and members of the Armed Forces to complete
online courses approved by the Secretary under subsection (a).
(e) METRICS.—The Secretary of Defense shall develop metrics
to evaluate whether, and to what extent, the pilot program under
this section improves the ability of participants—
(1) to perform job-related functions; and
(2) to execute relevant missions of the Department of
Defense.
(f) ADVANCED TECHNOLOGIES DEFINED.—In this section, the
term ‘‘advanced technologies’’ means technologies that the Secretary
of Defense determines to be in high-demand within the Department
of Defense and to which significant research and development
efforts are devoted, including technologies such as artificial intelligence, data science, machine learning, fifth-generation telecommunications technology, and biotechnology.
(g) DEADLINE.—The Secretary of Defense shall carry out the
activities described in subsections (a) through (e) not later than
one year after the date of the enactment of this Act.
(h) SUNSET.—This section shall terminate on October 1, 2024.

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SEC. 249. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FACULTY AND STUDENTS IN THE DEFENSE SCIENCE AND
TECHNOLOGY ENTERPRISE.

10 USC 4001
note.

(a) PROGRAM REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish a program under which opportunities for part-time and
term employment are made available in the Defense science and
technology enterprise for faculty and students of institutions of
higher education for the purpose of enabling such faculty and students to carry out research projects in accordance with subsection
(b).
(b) RESEARCH PROJECTS.—
(1) FACULTY.—A faculty member who is employed in position made available under subsection (a) shall, in the course
of such employment, carry out a research project that—
(A) relates to a topic in the field of science, technology,
engineering, or mathematics; and
(B) contributes to the objectives of the Department
of Defense, as determined by the Secretary of Defense.
(2) STUDENTS.—A student employed in position made available under subsection (a) shall assist a faculty member with
a research project described in paragraph (1).
(c) SELECTION OF PARTICIPANTS.—The Secretary of Defense,
acting through the heads of participating organizations in the
Defense science and technology enterprise, shall select individuals
for participation in the program under subsection (a) as follows:
(1) Faculty members shall be selected for participation
on the basis of—
(A) the academic credentials and research experience
of the faculty member; and
(B) the extent to which the research proposed to be
carried out by the faculty member will contribute to the
objectives of the Department of Defense.

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(2) Students shall be selected to assist with a research
project under the program on the basis of—
(A) the academic credentials and other qualifications
of the student; and
(B) the student’s ability to fulfill the responsibilities
assigned to the student as part of the project.
(d) MINIMUM NUMBER OF POSITIONS.—
(1) IN GENERAL.—During the first year of the program
under subsection (a), the Secretary of Defense shall establish
not fewer than 10 part-time or term positions for faculty.
(2) ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.—
Of the positions established under paragraph (1), not fewer
than five such positions shall be reserved for faculty who will
conduct research in the area of artificial intelligence and
machine learning.
(e) AUTHORITIES.—In carrying out the program under subsection (a), the Secretary of Defense, or the head of an organization
in the Defense science and technology enterprise, as applicable,
may—
(1) use any hiring authority available to the Secretary
or the head of such organization, including—
(A) any hiring authority available under a laboratory
demonstration program, including the hiring authority provided under section 2358a of title 10, United States Code;
(B) direct hiring authority under section 1599h of title
10, United States Code; and
(C) expert hiring authority under section 3109 of title
5, United States Code;
(2) enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) to enable the sharing
of research and expertise with institutions of higher education
and the private sector; and
(3) pay referral bonuses to faculty or students participating
in the program who identify—
(A) students to assist in a research project under the
program; or
(B) students or recent graduates to participate in other
programs in the Defense science and technology enterprise,
including internships at Department of Defense laboratories and in the Pathways Program of the Department.
(f) ANNUAL REPORTS.—
(1) INITIAL REPORT.—Not later than 30 days after the
conclusion of the first year of the program under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the program.
The report shall include—
(A) identification of the number of faculty and students
employed under the program;
(B) identification of the organizations in the Defense
science and technology enterprise that employed such
individuals; and
(C) a description of the types of research conducted
by such individuals.
(2) SUBSEQUENT REPORTS.—Not later than 30 days after
the conclusion of the second and third years of the program
under subsection (a), the Secretary of Defense shall submit

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PUBLIC LAW 116–283—JAN. 1, 2021

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to the congressional defense committees a report on the
progress of the program. Each report shall include—
(A) the information described in subparagraphs (A)
through (C) of paragraph (1);
(B) the results of any research projects conducted under
the program; and
(C) the number of students and recent graduates who,
pursuant to a reference from a faculty member or student
participating in the program as described in subsection
(e)(3), were hired by the Department of Defense or selected
for participation in another program in the Defense science
and technology enterprise.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Defense science and technology enterprise’’
means—
(A) the research organizations of the military departments;
(B) the science and technology reinvention laboratories
(as designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–
84; 10 U.S.C. 2358 note));
(C) the facilities of the Major Range and Test Facility
Base (as defined in section 2358a(f)(3) of title 10, United
States Code); and
(D) the Defense Advanced Research Projects Agency.
(2) The term ‘‘faculty’’ means an individual who serves
as a professor, researcher, or instructor at an institution of
higher education.
(3) The term ‘‘institution of higher education’’ has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).

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SEC. 250. NATIONAL SECURITY WORKFORCE AND EDUCATIONAL
DIVERSITY ACTIVITIES.

(a) IN GENERAL.—The Secretary of Defense shall seek to diversify participation in the Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program under section
2192a of title 10, United States Code.
(b) ACTIVITIES.—In carrying out subsection (a), the Secretary
shall—
(1) subject to the availability of appropriations for this
purpose, set aside funds for financial assistance, scholarships,
and fellowships for students at historically Black colleges or
universities or at minority institutions of higher education and
such other institutions as the Secretary considers appropriate;
(2) partner with institutions of higher education, and such
other public and private sector organizations as the Secretary
considers appropriate, to increase diversity of participants in
the program described in subsection (a);
(3) establish individual and organizational incentives, and
such other activities as the Secretary considers appropriate,
to increase diversity of student participation in the program
described in subsection (a);
(4) increase awareness of opportunities to participate in
the program described in subsection (a);
(5) evaluate the potential for new programs, fellowships,
and other activities at historically Black colleges or universities

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note.

Evaluation.

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134 STAT. 3496

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and minority institutions of higher education to increase diversity in educational and workforce development programs;
(6) identify potential changes to the program described
in subsection (a) that would improve diversity of participants
in such program; and
(7) establish metrics to evaluate success of activities under
this section.
(c) REPORT.—Not later than September 30, 2024, the Secretary
of Defense shall submit to the congressional defense committees
a report that evaluates the success of activities conducted by the
Secretary in increasing diversity in appropriate programs of the
Department of Defense and hiring and retaining diverse individuals
in the science, mathematics, and research workforce of the public
sector.
10 USC 1580
note prec.

Public
information.
Web posting.

SEC. 251. COORDINATION OF SCHOLARSHIP AND EMPLOYMENT PROGRAMS OF THE DEPARTMENT OF DEFENSE.

(a) ESTABLISHMENT OR DESIGNATION OF ORGANIZATION.—The
Secretary of Defense shall establish or designate an organization
within the Department of Defense which shall have primary responsibility for building cohesion and collaboration across the various
scholarship and employment programs of the Department.
(b) DUTIES.—The organization established or designated under
subsection (a) shall have the following duties:
(1) To establish an interconnected network and database
across the scholarship and employment programs of the Department.
(2) To aid in matching scholarships to individuals pursuing
courses of study in high demand skill areas.
(3) To build a network of current and former program
participants for potential engagement or employment with
Department activities.
(c) ANNUAL LISTING.—On an annual basis, the organization
established or designated under subsection (a) shall publish, on
a publicly accessible website of the Department, a listing of scholarship and employment programs carried out by the Department.
SEC. 252. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING
HIGH QUALITY TALENT IN THE DEPARTMENT OF DEFENSE.

Contracts.

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(a) STUDY REQUIRED.—The Secretary of Defense shall enter
into an agreement with an independent academic institution to
conduct a study to develop policy options and recommendations
for the establishment of a program to attract and retain covered
individuals for employment in the Department of Defense.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An analysis of mechanisms the Department may use
to engage public and private sector organizations to assist
in the identification and recruitment of covered individuals
for employment in the Department of Defense.
(2) Identification of statutory, regulatory, and organizational barriers to the development of the program described
in subsection (a).
(3) An analysis of monetary and nonmonetary incentives
that may be provided to retain covered individuals in positions
in the Department.
(4) An analysis of methods that may be implemented to
ensure appropriate vetting of covered individuals.

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PUBLIC LAW 116–283—JAN. 1, 2021

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(5) An analysis of the size of a program required to advance
the competitiveness of the research, development, test, and
evaluation efforts of the Department in the critical technologies
identified in the National Defense Strategy.
(6) The type and amount of resources required to implement
the program described in subsection (a).
(c) REPORTS.—
(1) INITIAL REPORT.—Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees
a report on the plan of the Secretary to execute the study
required under subsection (a).
(2) FINAL REPORT.—Not later than February 1, 2022, the
Secretary shall submit to the congressional defense committees
a report on the results of the study conducted under subsection
(a).
(d) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘‘covered individual’’ means an individual who—
(1) is engaged in work to promote and protect the national
security of the United States;
(2) is engaged in basic or applied research, funded by
the Department of Defense; and
(3) possesses scientific or technical expertise that will
advance the development of critical technologies identified in
the National Defense Strategy or the National Defense Science
and Technology Strategy, required by section 218 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232; 132 Stat. 1679).

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Subtitle E—Sustainable Chemistry

VerDate Sep 11 2014

SEC. 261. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY.

15 USC 9301.

(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this title, the Director of the Office of Science
and Technology Policy shall convene an interagency entity (referred
to in this subtitle as the ‘‘Entity’’) under the National Science
and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry,
including those described in sections 263 and 264.
(b) COORDINATION WITH EXISTING GROUPS.—In convening the
Entity, the Director of the Office of Science and Technology Policy
shall consider overlap and possible coordination with existing
committees, subcommittees, or other groups of the National Science
and Technology Council, such as—
(1) the Committee on Environment;
(2) the Committee on Technology;
(3) the Committee on Science; or
(4) related groups or subcommittees.
(c) CO-CHAIRS.—The Entity shall be co-chaired by the Director
of the Office of Science and Technology Policy and a representative
from the Environmental Protection Agency, the National Institute
of Standards and Technology, the National Science Foundation,
or the Department of Energy, as selected by the Director of the
Office of Science and Technology Policy.

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(d) AGENCY PARTICIPATION.—The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and
Technology, the National Science Foundation, the Department of
Energy, the Department of Agriculture, the Department of Defense,
the National Institutes of Health, the Centers for Disease Control
and Prevention, the Food and Drug Administration, and other
related Federal agencies, as appropriate.
(e) TERMINATION.—The Entity shall terminate on the date that
is 10 years after the date of the enactment of this Act.
15 USC 9302.

SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.

Deadline.

(a) STRATEGIC PLAN.—Not later than 2 years after the date
of the enactment of this subtitle, the Entity shall—
(1) consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal
Government, and international entities, to develop and update,
as needed, a consensus definition of ‘‘sustainable chemistry’’
to guide the activities under this subtitle;
(2) develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry, as
described in subsection (b);
(3) assess the state of sustainable chemistry in the United
States as a key benchmark from which progress under the
activities described in this title can be measured, including
assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;
(4) coordinate and support Federal research, development,
demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including
budget coordination and support for public-private partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and
opportunities for, Federal agencies facilitating the development
of incentives for development, consideration, and use of sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, and hurdles to transformational progress in improving the sustainability of the chemical sciences; and
(7) review, identify, and make effort to eliminate duplicative Federal funding and duplicative Federal research in
sustainable chemistry.
(b) CHARACTERIZING AND ASSESSING SUSTAINABLE CHEMISTRY.—The Entity shall develop a working framework of attributes
characterizing, and metrics for assessing, sustainable chemistry
for the purposes of carrying out this subtitle. In developing this
framework, the Entity shall—
(1) seek advice and input from stakeholders as described
in subsection (c);
(2) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use at Federal agencies;
(3) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use by international organizations of which the

Consultation.
Update.

Assessment.

Assessment.

Coordination.

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134 STAT. 3499

United States is a member, such as the Organisation for Economic Co-operation and Development; and
(4) consider any other appropriate existing definitions of,
or frameworks characterizing and metrics for assessing,
sustainable chemistry.
(c) CONSULTATION.—In carrying out the duties described in
subsections (a) and (b), the Entity shall consult with stakeholders
qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests
for information, or other mechanisms as necessary. The stakeholders shall include representatives from—
(1) business and industry, including trade associations and
small- and medium-sized enterprises from across the value
chain;
(2) the scientific community, including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia;
(3) the defense community;
(4) State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs,
as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 2 years after the date
of the enactment of this Act, the Entity shall submit a report
to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, the Committee on Agriculture, Nutrition, and Forestry, the Committee
on Health, Education, Labor, and Pensions, and the Committee
on Appropriations of the Senate, and the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce, the Committee on Agriculture, the Committee on Education and Labor, and the Committee on Appropriations of
the House of Representatives. In addition to the elements
described in subsections (a) and (b), the report shall include—
(A) a summary of federally funded sustainable chemistry research, development, demonstration, technology
transfer, commercialization, education, and training activities;
(B) a summary of the financial resources allocated
to sustainable chemistry initiatives by each participating
agency;
(C) an assessment of the current state of sustainable
chemistry in the United States, including the role that
Federal agencies are playing in supporting it;
(D) an analysis of the progress made toward achieving
the goals and priorities of this subtitle, and recommendations for future program activities;
(E) an evaluation of steps taken and future strategies
to avoid duplication of efforts, streamline interagency
coordination, facilitate information sharing, and spread
best practices among participating agencies; and
(F) an evaluation of duplicative Federal funding and
duplicative Federal research in sustainable chemistry,
efforts undertaken by the Entity to eliminate duplicative

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Summary.

Summary.

Assessment.

Analysis.

Evaluation.

Evaluation.

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funding and research, and recommendations on how to
achieve these goals.
(2) SUBMISSION TO GAO.—The Entity shall also submit the
report described in paragraph (1) to the Comptroller General
of the United States for consideration in future Congressional
inquiries.
(3) ADDITIONAL REPORTS.—The Entity shall submit a report
to Congress and the Comptroller General of the United States
that incorporates the information described in subparagraphs
(A), (B), (D), (E), and (F) of paragraph (1) every 3 years,
commencing after the initial report is submitted until the Entity
terminates.

SEC. 263. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY.

15 USC 9303.

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Determination.

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(a) IN GENERAL.—The agencies participating in the Entity shall
carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency.
(b) ACTIVITIES.—The activities described in subsection (a)
shall—
(1) incorporate sustainable chemistry into existing research,
development, demonstration, technology transfer, commercialization, education, and training programs, that the agency
determines to be relevant, including consideration of—
(A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent
practicable, early career investigators, for research and
development;
(B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations;
(C) coordination of sustainable chemistry research,
development, demonstration, and technology transfer conducted at Federal laboratories and agencies;
(D) incentive prize competitions and challenges in
coordination with such existing Federal agency programs;
and
(E) grants, loans, and loan guarantees to aid in the
technology transfer and commercialization of sustainable
chemicals, materials, processes, and products;
(2) collect and disseminate information on sustainable
chemistry research, development, technology transfer, and
commercialization, including information on accomplishments
and best practices;
(3) expand the education and training of students at appropriate levels of education, professional scientists and engineers,
and other professionals involved in all aspects of sustainable
chemistry and engineering appropriate to that level of education
and training, including through—
(A) partnerships with industry as described in section
264;
(B) support for the integration of sustainable chemistry
principles into chemistry and chemical engineering curriculum and research training, as appropriate to that level
of education and training; and
(C) support for integration of sustainable chemistry
principles into existing or new professional development

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134 STAT. 3501

opportunities for professionals including teachers, faculty,
and individuals involved in laboratory research (product
development, materials specification and testing, life cycle
analysis, and management);
(4) as relevant to an agency’s programs, examine methods
by which the Federal agencies, in collaboration and consultation
with the National Institute of Standards and Technology, may
facilitate the development or recognition of validated, standardized tools for performing sustainability assessments of chemistry processes or products;
(5) through programs identified by an agency, support,
including through technical assistance, participation, financial
support, communications tools, awards, or other forms of support, outreach and dissemination of sustainable chemistry
advances such as non-Federal symposia, forums, conferences,
and publications in collaboration with, as appropriate, industry,
academia, scientific and professional societies, and other relevant groups;
(6) provide for public input and outreach to be integrated
into the activities described in this section by the convening
of public discussions, through mechanisms such as public
meetings, consensus conferences, and educational events, as
appropriate;
(7) within each agency, develop or adapt metrics to track
the outputs and outcomes of the programs supported by that
agency; and
(8) incentivize or recognize actions that advance sustainable
chemistry products, processes, or initiatives, including through
the establishment of a nationally recognized awards program
through the Environmental Protection Agency to identify, publicize, and celebrate innovations in sustainable chemistry and
chemical technologies.
(c) LIMITATIONS .—Financial support provided under this section shall—
(1) be available only for pre-competitive activities; and
(2) not be used to promote the sale of a specific product,
process, or technology, or to disparage a specific product,
process, or technology.

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SEC. 264. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY.

Examination.
Consultation.
Assessments.

15 USC 9304.

(a) IN GENERAL.—The agencies participating in the Entity may
facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher
education, nongovernmental organizations, consortia, or companies
across the value chain in the chemical industry, including smalland medium-sized enterprises, to—
(1) create collaborative sustainable chemistry research,
development, demonstration, technology transfer, and commercialization programs; and
(2) train students and retrain professional scientists, engineers, and others involved in materials specification on the
use of sustainable chemistry concepts and strategies by
methods, including—
(A) developing or recognizing curricular materials and
courses for undergraduate and graduate levels and for the
professional development of scientists, engineers, and
others involved in materials specification; and

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134 STAT. 3502

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(B) publicizing the availability of professional development courses in sustainable chemistry and recruiting
professionals to pursue such courses.
(b) PRIVATE SECTOR PARTICIPATION.—To be eligible for support
under this section, a partnership in sustainable chemistry shall
include at least one private sector organization.
(c) SELECTION OF PARTNERSHIPS.—In selecting partnerships for
support under this section, the agencies participating in the Entity
shall also consider the extent to which the applicants are willing
and able to demonstrate evidence of support for, and commitment
to, the goals outlined in the strategic plan and report described
in section 262.
(d) PROHIBITED USE OF FUNDS.—Financial support provided
under this section may not be used—
(1) to support or expand a regulatory chemical management
program at an implementing agency under a State law;
(2) to construct or renovate a building or structure; or
(3) to promote the sale of a specific product, process, or
technology, or to disparage a specific product, process, or technology.
15 USC 9305.

SEC. 265. PRIORITIZATION.

In carrying out this subtitle, the Entity shall focus its support
for sustainable chemistry activities on those that achieve, to the
highest extent practicable, the goals outlined in the subtitle.
15 USC 9306.

SEC. 266. RULE OF CONSTRUCTION.

Nothing in this subtitle shall be construed to alter or amend
any State law or action with regard to sustainable chemistry, as
defined by the State.
SEC. 267. MAJOR MULTI-USER RESEARCH FACILITY PROJECT.

Definition.

Section 110 of the American Innovation and Competitiveness
Act (42 U.S.C. 1862s–2) is amended by striking (g)(2) and inserting
the following:
‘‘(2) MAJOR MULTI-USER RESEARCH FACILITY PROJECT.—The
term ‘major multi-user research facility project’ means a science
and engineering facility project that exceeds $100,000,000 in
total construction, acquisition, or upgrade costs to the Foundation.’’.

Subtitle F—Plans, Reports, and Other
Matters
SEC. 271. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.

Section 139(h)(2) of title 10, United States Code, is amended—
(1) by striking ‘‘Engineering,,’’ and inserting ‘‘Engineering,’’;
and
(2) by striking ‘‘, through January 31, 2025’’ and inserting
‘‘, through January 31, 2026’’.

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SEC. 272. MODIFICATION TO TEST RESOURCE MANAGEMENT CENTER
STRATEGIC PLAN REPORTING CYCLE AND CONTENTS.

(a) QUADRENNIAL STRATEGIC PLAN.—Section 196 of title 10,
United States Code, is amended—

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(1) in subsections (c)(1)(C) and (e)(2)(B), by inserting
‘‘quadrennial’’ before ‘‘strategic plan’’; and
(2) in subsection (d)—
(A) in the heading, by inserting ‘‘QUADRENNIAL’’ before
‘‘STRATEGIC PLAN’’; and
(B) by inserting ‘‘quadrennial’’ before ‘‘strategic plan’’
each place it occurs.
(b) TIMING AND COVERAGE OF PLAN.—Subsection (d)(1) of such
section, as amended by subsection (a)(2), is further amended, in
the first sentence, by striking ‘‘two fiscal years’’ and inserting ‘‘four
fiscal years, and within one year after release of the National
Defense Strategy,’’.
(c) AMENDMENT TO CONTENTS OF PLAN.—Subsection (d)(2)(C)
of such section is amended by striking ‘‘based on current’’ and
all that follows through the end and inserting ‘‘for test and evaluation of the Department of Defense major weapon systems based
on current and emerging threats.’’.
(d) ANNUAL UPDATE TO PLAN.—Subsection (d) of such section
is amended by adding at the end the following new paragraph:
‘‘(5)(A) In addition to the quadrennial strategic plan completed
under paragraph (1), the Director of the Department of Defense
Test Resource Management Center shall also complete an annual
update to the quadrennial strategic plan.
‘‘(B) Each annual update completed under subparagraph (A)
shall include the following:
‘‘(i) A summary of changes to the assessment provided
in the most recent quadrennial strategic plan.
‘‘(ii) Comments and recommendations the Director considers appropriate.
‘‘(iii) Test and evaluation challenges raised since the
completion of the most recent quadrennial strategic plan.
‘‘(iv) Actions taken or planned to address such challenges.’’.
(e) TECHNICAL CORRECTION.—Subsection (d)(1) of such, as
amended by subsections (a)(2) and (b), is further amended by
striking ‘‘Test Resources Management Center’’ and inserting ‘‘Test
Resource Management Center’’.

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SEC.

273.

Summary.
Recommendations.

MODIFICATION OF REQUIREMENTS RELATING TO
ENERGETICS PLAN TO INCLUDE ASSESSMENT OF FEASIBILITY AND ADVISABILITY OF ESTABLISHING A PROGRAM
OFFICE FOR ENERGETICS.

Section 253(a) of the National Defense Authorization Act for
Fiscal Year 2020 (133 Stat. 1287; Public Law 116–92) is amended—
(1) in paragraph (2), by striking ‘‘; and’’ and inserting
a semicolon; and
(2) in paragraph (3), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) assesses the feasibility and advisability of establishing
a program office—
‘‘(A) to coordinate energetics research; and
‘‘(B) to ensure a robust and sustained energetics material enterprise.’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND
TECHNOLOGY ACTIVITIES ON WORK WITH ACADEMIC CONSORTIA ON HIGH PRIORITY CYBERSECURITY RESEARCH
ACTIVITIES IN DEPARTMENT OF DEFENSE CAPABILITIES.

Section 257(b)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1291) is amended
by adding at end the following new subparagraph:
‘‘(J) Efforts to work with academic consortia on high
priority cybersecurity research activities.’’.
SEC. 275. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY
MANNED FIGHTING VEHICLE PROGRAM.

Section 261 of the National Defense Authorization Act for Fiscal
Year 2020 (Public law 116–92; 133 Stat. 1294) is repealed.
SEC. 276. MICROELECTRONICS AND NATIONAL SECURITY.

Assessment.

Assessment.

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Plan.

Assessment.

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Section 231 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘, in collaboration with the Under
Secretary of Defense for Acquisition and Sustainment, the
Under Secretary for Research and Engineering, and the
Director of the Defense Advanced Research Projects
Agency,’’ after ‘‘shall’’; and
(B) by striking ‘‘September 30, 2019’’ and inserting
‘‘June 1, 2021’’;
(2) in subsection (b), by adding at the end the following
new paragraphs:
‘‘(10) An approach to ensuring the continuing production
of cutting-edge microelectronics for national security needs,
including access to state-of-the-art node sizes through commercial manufacturing, heterogeneous integration, advantaged
sensor manufacturing, boutique chip designs, and variable
volume production capabilities.
‘‘(11) An assessment of current microelectronics supply
chain management best practices, including—
‘‘(A) intellectual property controls;
‘‘(B) international standards;
‘‘(C) guidelines of the National Institute of Standards
and Technology;
‘‘(D) product traceability and provenance; and
‘‘(E) location of design, manufacturing, and packaging
facilities.
‘‘(12) An assessment of existing risks to the current microelectronics supply chain.
‘‘(13) A description of actions that may be carried out
by the defense industrial base to implement best practices
described in paragraph (11) and mitigate risks described in
paragraph (12).
‘‘(14) A plan for increasing commercialization of intellectual
property developed by the Department of Defense for commercial microelectronics research and development.
‘‘(15) An assessment of the feasibility, usefulness, efficacy,
and cost of—

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134 STAT. 3505

‘‘(A) developing a national laboratory exclusively
focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as
a hub for Federal Government research into breakthrough
microelectronics-related technologies; and
‘‘(B) incorporating into such national laboratory a
commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the
high costs of microelectronics design and fabrication, with
access to funding resources, fabrication facilities, design
tools, and shared intellectual property.
‘‘(16) The development of multiple models of public-private
partnerships to execute the strategy, including in-depth analysis of establishing a semiconductor manufacturing corporation
to leverage private sector technical, managerial, and investment
expertise, and private capital, that would have the authority
and funds to provide grants or approve investment tax credits,
or both, to implement the strategy.
‘‘(17) Processes and criteria for competitive selection of
commercial companies, including companies headquartered in
countries that are allies or partners with the United States,
to provide design, foundry and assembly, and packaging services and to build and operate the industrial capabilities associated with such services.
‘‘(18) The role that other Federal agencies should play
in organizing and supporting the strategy, including any
required direct or indirect funding support, or legislative and
regulatory actions, including restricting procurement to
domestic sources, and providing antitrust and export control
relief.
‘‘(19) All potential funding sources and mechanisms for
initial and sustaining investments in microelectronics.
‘‘(20) Such other matters as the Secretary of Defense determines to be relevant.’’;
(3) in subsection (d), by striking ‘‘September 30, 2019’’
and inserting ‘‘June 1, 2021’’;
(4) in subsection (e), by striking ‘‘September 30, 2020’’
and inserting ‘‘June 1, 2021’’; and
(5) by redeignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new subsection (f):
‘‘(f) SUBMISSION.—Not later than June 1, 2021, the Secretary
of Defense shall submit the strategy required in subsection (a),
along with any views and recommendations and an estimated
budget to implement the strategy, to the President, the National
Security Council, and the National Economic Council.’’.

Analysis.

Criteria.

Deadline.
Strategy.
Recommendations.
Budget estimate.

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SEC. 277. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND
DIAGNOSTIC TESTING EQUIPMENT.

(a) INDEPENDENT EVALUATION REQUIRED.—The Director of
Operational Test and Evaluation shall conduct an independent
evaluation of whether covered personal protective and diagnostic
testing equipment is operationally effective and suitable to satisfy
the specific needs and required protection of the workforce of the
Department of Defense.

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134 STAT. 3506

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(b) AVAILABILITY OF INFORMATION.—The Secretary of Defense
shall provide the Director of Operational Test and Evaluation with
such information as may be necessary for the Director to conduct
the evaluations required under subsection (a).
(c) REPORT TO CONGRESS.—Not later than 90 days after the
completion of each evaluation under subsection (a), the Director
of Operational Test and Evaluation shall submit to the congressional defense committees a report on the results of the evaluation.
(d) COVERED PERSONAL PROTECTIVE AND DIAGNOSTIC TESTING
EQUIPMENT DEFINED.—In this section, the term ‘‘covered personal
protective and diagnostic testing equipment’’ means any personal
protective equipment or diagnostic testing equipment developed,
acquired, or used by the Department of Defense—
(1) in response to COVID–19; or
(2) as part of any follow-on, long-term acquisition and
distribution program for such equipment.
SEC. 278. ASSESSMENT ON UNITED STATES NATIONAL SECURITY
EMERGING BIOTECHNOLOGY EFFORTS AND CAPABILITIES
AND COMPARISON WITH ADVERSARIES.

Evaluation.

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Recommendations.

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(a) ASSESSMENT AND COMPARISON REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering
and the Under Secretary of Defense for Intelligence and Security, shall conduct an assessment and direct comparison of
capabilities in emerging biotechnologies for national security
purposes, including applications in material, manufacturing,
and health, between the capabilities of the United States and
the capabilities of adversaries of the United States.
(2) ELEMENTS.—The assessment and comparison carried
out under paragraph (1) shall include the following:
(A) An evaluation of the quantity, quality, and progress
of United States fundamental and applied research for
emerging biotechnology initiatives for national security purposes.
(B) An assessment of the resourcing of United States
efforts to harness emerging biotechnology capabilities for
national security purposes, including the supporting facilities, test infrastructure, and workforce.
(C) An intelligence assessment of adversary emerging
biotechnology capabilities and research as well as an
assessment of adversary intent and willingness to use
emerging biotechnologies for national security purposes.
(D) An assessment of the analytic and operational subject matter expertise necessary to assess rapidly-evolving
foreign military developments in biotechnology, and the
current state of the workforce in the intelligence community.
(E) Recommendations to improve and accelerate United
States capabilities in emerging biotechnologies and the
associated intelligence community expertise.
(F) Such other matters as the Secretary considers
appropriate.
(b) REPORT.—
(1) IN GENERAL.—Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees
a report on the assessment carried out under subsection (a).

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134 STAT. 3507

(2) FORM.—The report submitted under paragraph (1) shall
be submitted in the following formats—
(A) unclassified form, which may include a classified
annex; and
(B) publically releasable form, representing appropriate
information from the report under subparagraph (A).
(c) DEFINITION OF INTELLIGENCE COMMUNITY.—In this section,
the term ‘‘intelligence community’’ has the meaning given such
term in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).

Classified
information.
Public
information.

SEC. 279. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE
DEPARTMENT OF DEFENSE.

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(a) REPORTS REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, and not later than 120 days after
the end of each fiscal years 2021, 2022, and 2023, the Secretary
of Defense, after consultation with the Secretary of each military
department, shall submit to Congress a report that describes the
following:
(1) The ways in which the Department of Defense is using
incentives under section 9(y)(6)(B) of the Small Business Act
(15 U.S.C. 638(y)(6)(B)) to increase the number of Phase II
SBIR contracts that lead to technology transition into programs
of record or fielded systems.
(2) The extent to which the Department has developed
simplified and standardized procedures and model contracts
throughout the agency for Phase I, Phase II, and Phase III
SBIR awards, as required under section 9(hh)(2)(A)(i) of the
Small Business Act (15 U.S.C. 638(hh)(2)(A)(i)).
(3) The extent to which any incentives described in this
section and implemented by the Secretary of Defense have
resulted in an increased number of Phase II contracts under
the SBIR program of the Department of Defense leading to
technology transition into programs of record or fielded systems.
(4) The extent to which Phase I, Phase II, and Phase
III projects under the SBIR program of the Department align
with the modernization priorities of the Department.
(5) Actions taken to ensure that the SBIR program of
the Department aligns with the goals of the program, namely—
(A) to stimulate technological innovation;
(B) to meet Federal research and development needs;
(C) to foster and encourage participation in innovation
and entrepreneurship by women and socially or economically disadvantaged individuals; and
(D) to increase private-sector commercialization of
innovations derived from Federal research and development funding.
(6) Any other action taken, and proposed to be taken,
to increase the number of Department Phase II SBIR contracts
leading to technology transition into programs of record or
fielded systems.
(b) SBIR DEFINED.—In this section, the term ‘‘SBIR’’ has the
meaning given the term in section 9(e) of the Small Business
Act (15 U.S.C. 638(e)).

Consultation.

SEC. 280. REPORTS ON F–35 PHYSIOLOGICAL EPISODES AND MITIGATION EFFORTS.

(a) STUDY AND REPORT.—

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134 STAT. 3508

Examinations.

Determination.

Recommendations.
Consultation.

PUBLIC LAW 116–283—JAN. 1, 2021

(1) IN GENERAL.—The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study to determine
the underlying causes of physiological episodes affecting crewmembers of F–35 aircraft.
(2) ELEMENTS.—The study under subsection (a) shall
include—
(A) an examination of each physiological episode
reported by a crewmember of an F–35 aircraft as of the
date of the enactment of this Act;
(B) a determination as to the underlying cause of the
episode; and
(C) an examination of—
(i) any long-term effects, including potential longterm effects, of the episode; and
(ii) any additional care an affected crewmember
may need.
(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—
(A) the results the study conducted under subsection
(a), including a description of each physiological episode
examined under the study and an explanation of the underlying cause of the episode;
(B) a description of any actions that may be taken
to address the underlying causes of such episodes, including
any resources that may be required to carry out such
actions; and
(C) any other findings and recommendations of the
study.
(b) ANNUAL REPORTS ON MITIGATION EFFORTS.—The Secretary
of Defense, in consultation with the Under Secretary of Defense
for Acquisition and Sustainment, shall include with the annual
report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2059),
a detailed description of—
(1) the efforts of the Department of Defense to address
physiological episodes affecting crewmembers of F–35 aircraft;
and
(2) the funding allocated for such efforts.

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SEC. 281. REVIEW AND REPORT ON NEXT GENERATION AIR DOMINANCE CAPABILITIES.

(a) REVIEWS.—
(1) IN GENERAL.—The Director of Cost Assessment and
Program Evaluation shall conduct—
(A) a non-advocate review of the next generation air
dominance initiative of the Air Force;
(B) a non-advocate review of the next generation air
dominance initiative of the Navy; and
(C) a non-advocate review of the business case analysis
developed by the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics regarding the Digital
Century Series Aircraft acquisition strategy of the Air
Force.
(2) ELEMENTS.—(A) The reviews under paragraphs (1)(A)
and (1)(B) shall include an assessment of—

Assessments.

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(i) all risks associated with cost, schedule, development,
integration, production, fielding, and sustainment of next
generation air dominance capabilities;
(ii) the technological maturity of significant hardware
and software efforts planned or carried out as part of
the development of such capabilities; and
(iii) affordability goals that the Air Force and the Navy
(as the case may be) will be required to achieve during
development, production, and sustainment activities for
such capabilities that will not jeopardize or otherwise be
detrimental to other high-priority future capabilities being
developed and procured to support and execute other primary core competencies and missions.
(B) The review under paragraph (1)(C) shall include an
assessment of—
(i) methods, objectives, risks, ground rules, and
assumptions;
(ii) validity, accuracy, and deficiencies in knowledge
and data used in support of the analysis;
(iii) financial and nonfinancial business benefits and
impacts;
(iv) likelihood of risks to materialize; and
(v) conclusions, recommendations, and any other
information the Director believes to be relevant to the
review.
(b) REPORTS.—The Director of Cost Assessment and Program
Evaluation shall submit to the congressional defense committees—
(1) a report on the results of the review conducted under
subsection (a)(1)(A) with respect to the Air Force;
(2) a report on the results of the review conducted under
subsection (a)(1)(B) with respect to the Navy; and
(3) a report on the results of the review conducted under
subsection (a)(1)(C).

Recommendations.

SEC. 282. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION
OF SYSTEMS FOR LOW-COST ATTRIBUTABLE AIRCRAFT
TECHNOLOGY PROGRAM.

Not later than March 1, 2021, the Assistant Secretary of the
Air Force for Acquisition, Technology, and Logistics shall—
(1) submit to the congressional defense committees an
executable plan for the operational test and utility evaluation
of systems for the Low-Cost Attributable Aircraft Technology
(LCAAT) program of the Air Force; and
(2) provide to the congressional defense committees a
briefing on the plan so submitted.

Deadline.

Briefing.

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SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY
CHINA AND THE UNITED STATES TO RECRUIT AND RETAIN
RESEARCHERS IN NATIONAL SECURITY-RELATED AND
DEFENSE-RELATED FIELDS.

(a) AGREEMENT.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine for the National Academies of Sciences, Engineering, and Medicine to perform the
services covered by this section.

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134 STAT. 3510
Deadline.

Recommendations.

Lists.

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Risk assessment.

List.
Recommendations.

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(2) TIMING.—The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) REVIEW.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies of Sciences, Engineering,
and Medicine under this section, the National Academies of
Sciences, Engineering, and Medicine shall carry out a comparative analysis of efforts by China and the United States Government to recruit and retain domestic and foreign researchers
and develop recommendations for the Secretary of Defense and
the heads of other Federal agencies as appropriate.
(2) ELEMENTS.—The comparative analysis carried out
under paragraph (1) and the recommendations developed under
such paragraph shall include the following:
(A) A list of the ‘‘talent programs’’ used by China
and a list of the incentive programs used by the United
States to recruit and retain researchers in fields relating
to national security or defense research.
(B) The types of researchers, scientists, other technical
experts, and fields targeted by each talent program listed
under subparagraph (A).
(C) The number of researchers in academia, the
Department of Defense Science and Technology Reinvention Laboratories, and national security science and
engineering programs of the National Nuclear Security
Administration targeted by the talent programs listed
under subparagraph (A).
(D) The number of personnel currently participating
in the talent programs listed under subparagraph (A) and
the number of researchers currently participating in the
incentive programs listed under such subparagraph.
(E) The incentives offered by each of the talent programs listed under subparagraph (A) and a description
of the incentives offered through incentive programs under
such subparagraph to recruit and retain researchers, scientists, and other technical experts.
(F) A characterization of the national security, economic, and scientific benefits China gains through the
talent programs listed under subparagraph (A) and a
description of similar gains accrued to the United States
through incentive programs listed under such subparagraph.
(G) An assessment of the risks to national security
and benefits to the United States of scientific research
cooperation between the United States and China, such
as that which is performed under the agreement between
the United States and the People’s Republic of China
known as the ‘‘Agreement between the Government of the
United States of America and the Government of the People’s Republic of China on Cooperation in Science and
Technology’’, signed in Washington on January 31, 1979,
successor agreements, and similar agreements, administered by the Secretary of State and the heads of other
Federal agencies.
(H) A list of findings and recommendations relating
to policies that can be implemented by the United States,

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134 STAT. 3511

especially the Department of Defense and other appropriate
Federal agencies, to improve the relative effectiveness of
United States activities to recruit and retain researchers,
scientists, and other technical experts relative to China.
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the execution of an agreement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine
shall—
(A) submit to the congressional defense committees
a report on the findings National Academies of Sciences,
Engineering, and Medicine with respect to the review carried out under this section and the recommendations developed under this section; and
(B) make available to the public on a publicly accessible
website a version of report that is suitable for public
viewing.
(2) FORM.—The report submitted under paragraph (1)(A)
shall be submitted in unclassified form, but may include a
classified annex.

Public
information.
Web posting.
Classified
information.

TITLE III—OPERATION AND
MAINTENANCE

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Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of
mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration projects of National Guard.
Sec. 315. Modification of authority to carry out military installation resilience
projects.
Sec. 316. Energy resilience and energy security measures on military installations.
Sec. 317. Modification to availability of energy cost savings for Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills of aqueous
film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary flows, spills,
or discharges of pollution or debris from the Tijuana River on personnel,
activities, and installations of Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement Fund of
the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red Hill Bulk
Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy for Rhine
Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions levels.
Sec. 329. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting agent.
Sec. 331. Survey of technologies for Department of Defense application in phasing
out the use of fluorinated aqueous film-forming foam.

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PUBLIC LAW 116–283—JAN. 1, 2021

Sec. 332. Interagency body on research related to per- and polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-forming foam.
Sec. 335. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs with respect to need and wildfire risk.
Subtitle C—Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot maintenance budget
report.
Sec. 344. Clarification of limitation on length of overseas forward deployment of
currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure Optimization
Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon systems.
Sec. 348. Repeal of statutory requirement for notification to Director of Defense Logistics Agency three years prior to implementing changes to any uniform or uniform component.
Sec.
Sec.
Sec.
Sec.

351.
352.
353.
354.

Sec.
Sec.
Sec.
Sec.
Sec.

361.
362.
363.
364.
365.

Sec. 366.
Sec. 367.
Sec. 368.
Sec. 369.
Sec. 370.

Subtitle D—Munitions Safety and Oversight
Chair of Department of Defense explosive safety board.
Explosive Ordnance Disposal Defense Program.
Assessment of resilience of Department of Defense munitions enterprise.
Report on safety waivers and mishaps in Department of Defense munitions enterprise.
Subtitle E—Other Matters
Pilot program for temporary issuance of maternity-related uniform items.
Servicewomen’s Commemorative Partnerships.
Biodefense analysis and budget submission.
Update of National Biodefense Implementation Plan.
Plans and reports on emergency response training for military installations.
Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations.
Adjustment in availability of appropriations for unusual cost overruns
and for changes in scope of work.
Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist
attacks on installations of Department of Defense.
Clarification of food ingredient requirements for food or beverages provided by the Department of Defense.
Commission on the naming of items of the Department of Defense that
commemorate the Confederate States of America or any person who
served voluntarily with the Confederate States of America.

Subtitle A—Authorization of
Appropriations

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SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, as specified in the
funding table in section 4301.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3513

Subtitle B—Energy and Environment
SEC.

311.

MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE FOR REVIEW OF MISSION OBSTRUCTIONS.

Section 183a(c) of title 10, United States Code, is amended—
(1) in paragraph (2)—
(A) by striking ‘‘If the Clearinghouse’’ and inserting
‘‘(A) If the Clearinghouse’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) After the Clearinghouse issues a notice under subparagraph (A) with respect to an energy project, the parties should
seek to identify feasible and affordable actions that can be
taken by the Department, the developer of such energy project,
or others to mitigate any adverse impact on military operations
and readiness.’’;
(2) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;
(3) by inserting after paragraph (3) the following new paragraph (4):
‘‘(4) If, after issuing the notices of presumed risk required
by paragraphs (2) and (3), the Secretary of Defense later concludes
for any reason that the energy project will not have an adverse
impact on military readiness, the Clearinghouse shall notify the
applicant and the governor in writing of that conclusion.’’; and
(4) in paragraph (7), as so redesignated, by striking ‘‘Any
setback for a project pursuant to the previous sentence shall
not be more than what is determined to be necessary by a
technical analysis conducted by the Lincoln Laboratory at the
Massachusetts Institute of Technology or any successor entity.’’.

Notification.

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SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION PROGRAM.

(a) USE OF FUNDS.—Section 2684a(i) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
‘‘(3) Funds obligated to carry out an agreement under this
section shall be available for use with regard to any property
in the geographic scope specified in the agreement—
‘‘(A) at the time the funds are obligated; and
‘‘(B) in any subsequent modification to the agreement.’’.
(b) CLARIFICATION OF REFERENCES TO ELIGIBLE ENTITIES.—
(1) DEFINITION.—Subsection (b) of section 2684a of title
10, United States Code, is amended, in the matter preceding
paragraph (1), by striking ‘‘An agreement under this section
may be entered into with’’ and inserting ‘‘For purposes of this
section, an eligible entity is’’.
(2) ACQUISITION OF PROPERTY AND INTERESTS.—Subsection
(d)(1) of such section is amended by striking ‘‘the entity or
entities’’ each place it appears and inserting ‘‘an eligible entity
or entities’’.
(3) RETROACTIVE APPLICATION.—The amendments made by
paragraphs (1) and (2) shall apply to any agreement entered
into under section 2684a of title 10, United States Code, on
or after December 2, 2002.

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Effective date.
10 USC 2684a
note.

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134 STAT. 3514

PUBLIC LAW 116–283—JAN. 1, 2021

(c) FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES
LIMIT ENCROACHMENTS.—Section 2684a(d)(5) of title 10, United
States Code, is amended—
(1) in the second sentence of subparagraph (A), by inserting
‘‘or another Federal agency’’ after ‘‘to a State’’ both places
it appears; and
(2) by striking subparagraph (B) and inserting the following:
‘‘(B) Notwithstanding subparagraph (A), if all or a portion of
the property or interest acquired under the agreement is initially
or subsequently transferred to a State or another Federal agency,
before that State or other Federal agency may declare the property
or interest in excess to its needs or propose to exchange the property
or interest, the State or other Federal agency shall give the Secretary concerned reasonable advance notice of its intent. If the
Secretary concerned determines it necessary to preserve the purposes of this section, the Secretary concerned may request that
administrative jurisdiction over the property be transferred to the
Secretary concerned at no cost, and, upon such a request being
made, the administrative jurisdiction over the property shall be
transferred accordingly. If the Secretary concerned does not make
such a request within a reasonable time period, all such rights
of the Secretary concerned to request transfer of the property or
interest shall remain available to the Secretary concerned with
respect to future transfers or exchanges of the property or interest
and shall bind all subsequent transferees.’’.

TO

Notice.

Determination.

SEC. 313. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY
INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT
OPERATE.
133 Stat. 1310.

Section 325(a)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92) is amended by striking
‘‘a 12-month period’’ and inserting ‘‘two 12-month periods, including
one such period that begins in fiscal year 2021’’.
SEC. 314. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION PROJECTS OF NATIONAL GUARD.

(a) IN GENERAL.—Section 2707(e) of title 10, United States
Code, is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting ‘‘(1) Notwithstanding’’;
(2) by inserting ‘‘where military activities are conducted
by the National Guard of a State under title 32’’ after ‘‘facility’’;
and
(3) by adding at the end the following new paragraph:
‘‘(2) The Secretary concerned may use the authority under
section 2701(d) of this title to carry out environmental restoration
projects under paragraph (1).’’.
(b) CORRECTION OF DEFINITION OF FACILITY.—Paragraph (1)
of section 2700 of such title is amended—
(1) in subparagraph (A), by striking ‘‘(A) The terms’’ and
inserting ‘‘The term’’; and
(2) by striking subparagraph (B).

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SEC. 315. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY
INSTALLATION RESILIENCE PROJECTS.

(a) MODIFICATION OF AUTHORITY.—Section 2815 of title 10,
United States Code is amended—

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134 STAT. 3515

(1) in subsection (a), by inserting ‘‘(except as provided in
subsections (d)(3) and (e))’’ before the period at the end;
(2) in subsection (c), by striking ‘‘A project’’ and inserting
‘‘Except as provided in subsection (e)(2), a project’’;
(3) by redesignating subsection (d) as subsection (f); and
(4) by inserting after subsection (c) the following new subsections:
‘‘(d) LOCATION OF PROJECTS.—Projects carried out pursuant
to this section may be carried out—
‘‘(1) on a military installation;
‘‘(2) on a facility used by the Department of Defense that
is owned and operated by a State, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, or the
Virgin Islands, even if the facility is not under the jurisdiction
of the Department of Defense, if the Secretary of Defense
determines that the facility is subject to significant use by
the armed forces for testing or training; or
‘‘(3) outside of a military installation or facility described
in paragraph (2) if the Secretary concerned determines that
the project would preserve or enhance the resilience of—
‘‘(A) a military installation;
‘‘(B) a facility described in paragraph (2); or
‘‘(C) community infrastructure determined by the Secretary concerned to be necessary to maintain, improve,
or rapidly reestablish installation mission assurance and
mission-essential functions.
‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In carrying out a
project under this section, the Secretary concerned may use amounts
available for operation and maintenance for the military department
concerned if the Secretary concerned submits a notification to the
congressional defense committees of the decision to carry out the
project using such amounts and includes in the notification—
‘‘(A) the current estimate of the cost of the project;
‘‘(B) the source of funds for the project; and
‘‘(C) a certification that deferral of the project for inclusion
in the next Military Construction Authorization Act would be
inconsistent with national security or the protection of health,
safety, or environmental quality, as the case may be.
‘‘(2) A project carried out under this section using amounts
under paragraph (1) may be carried out only after the end of
the 7-day period beginning on the date on which a copy of the
notification described in paragraph (1) is provided in an electronic
medium pursuant to section 480 of this title.
‘‘(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year
for projects under the authority of this subsection is $100,000,000.’’.
(b) CONSIDERATION OF MILITARY INSTALLATION RESILIENCE IN
AGREEMENTS AND INTERAGENCY COOPERATION.—Section 2684a of
such title is amended—
(1) in subsection (a)—
(A) in paragraph (2)(B)—
(i) by striking clause (ii); and
(ii) in clause (i)—
(I) by striking ‘‘(i)’’; and
(II) by striking ‘‘; or’’ and inserting a semicolon;

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Determinations.

District of
Columbia.
Territories.

Notification.

Cost estimate.
Certification.

Time period.

10 USC 2684a.

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134 STAT. 3516

PUBLIC LAW 116–283—JAN. 1, 2021
(B) by redesignating paragraph (3) as paragraph (4);
and

(C) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) maintaining or improving military installation resilience; or’’; and
(2) by amending subsection (h) to read as follows:
‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION AND RESILIENCE PROGRAMS TO AVOID OR REDUCE ADVERSE IMPACTS ON MILITARY INSTALLATION RESILIENCE AND MILITARY READINESS ACTIVITIES.—In order to facilitate interagency cooperation and enhance
the effectiveness of actions that will protect the environment, military installation resilience, and military readiness, the recipient
of funds provided pursuant to an agreement under this section
or under the Sikes Act (16 U.S.C. 670 et seq.) may, with regard
to the lands and waters within the scope of the agreement, use
such funds to satisfy any matching funds or cost-sharing requirement of any conservation or resilience program of any Federal
agency notwithstanding any limitation of such program on the
source of matching or cost-sharing funds.’’.
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES
ON MILITARY INSTALLATIONS.

(a) IN GENERAL.—Subchapter I of chapter 173 of title 10, United
States Code, is amended by inserting after section 2919 the following new section:
10 USC 2920.

Standards.

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Requirement.

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‘‘§ 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.

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134 STAT. 3517

‘‘(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

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Requirements.
Data.
Compliance.

Assessments.
Evaluations.

Time period.

Verification.
Compliance.

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Determination.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(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.

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134 STAT. 3519

‘‘(5) The term ‘installation’ has the meaning given the
term ‘military installation’ in section 2801(c)(4) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 173 of such title is amended by
inserting after the item relating to section 2919 the following new
item:

10 USC 2911
prec.

‘‘2920. Energy resilience and energy security measures on military installations.’’.
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS
FOR DEPARTMENT OF DEFENSE.

Section 2912(a) of title 10, United States Code, is amended
by inserting ‘‘and, in the case of operational energy, from both
training and operational missions,’’ after ‘‘under section 2913 of
this title,’’.
SEC. 318. INCREASED TRANSPARENCY THROUGH REPORTING ON
USAGE AND SPILLS OF AQUEOUS FILM-FORMING FOAM AT
MILITARY INSTALLATIONS.

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(a) IN GENERAL.—Chapter 160 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2712. Reporting on usage and spills of aqueous filmforming foam
‘‘(a) IN GENERAL.—Not later than 48 hours after the Deputy
Assistant Secretary of Defense for Environment receives notice
of the usage or spill of aqueous film forming foam, either as concentrate or mixed foam, at any military installation, the Deputy
Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of
a usage or spill of greater than 10 gallons of concentrate, or greater
than 300 gallons of mixed foam. Each such notice shall include
each of the following information:
‘‘(1) The name of the installation where the usage or spill
occurred.
‘‘(2) The date on which the usage or spill occurred.
‘‘(3) The amount, type, and specified concentration of
aqueous film-forming foam that was used or spilled.
‘‘(4) The cause of the usage or spill.
‘‘(5) A summary narrative of the usage or spill.
‘‘(b) ACTION PLAN.—Not later than 60 days after submitting
notice of a usage or spill under subsection (a), the Deputy Assistant
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives an action plan for
addressing such usage or spill. The action plan shall include the
following:
‘‘(1) A description of what actions have been taken to arrest
and clean up a spill.
‘‘(2) A description of any coordination with relevant local
and State environmental protection agencies.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:

Deadlines.
10 USC 2712.
Notice.

Summary.

10 USC 2700
prec.

‘‘2712. Reporting on usage and spills of aqueous film-forming foam.’’.

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134 STAT. 3520

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION
PROGRAM.

(a) IN GENERAL.—Chapter 160 of title 10, United States Code,
as amended by section 318(a), is further amended by adding at
the end the following new section:
10 USC 2713.

Cost estimates.

Determination.

Consultation.

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Time period.

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‘‘§ 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

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3521

‘‘(D) lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, Act of
Congress, or action by the President.
‘‘(2) The term ‘Indian tribe’ means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is recognized
as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians.
‘‘(e) LIMITATION.—Nothing in this section shall be interpreted
to require, compel, or otherwise authorize access to any lands
without the landowner’s consent.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 160 of such title, as amended by section 318(b),
is further amended by inserting after the item relating to section
2712 the following new item:

10 USC 2700
prec.

‘‘2713. Native American lands environmental mitigation program.’’.

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SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS IMPACTS OF TRANSBOUNDARY FLOWS, SPILLS, OR DISCHARGES OF POLLUTION OR DEBRIS FROM THE TIJUANA RIVER ON PERSONNEL, ACTIVITIES, AND INSTALLATIONS OF DEPARTMENT OF DEFENSE.

VerDate Sep 11 2014

(a) STUDY.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with
the Administrator of the Environmental Protection Agency, the
Secretary of State, and the United States Commissioner of the
International Boundary and Water Commission, shall develop criteria for the selection of project alternatives to address the impacts
of transboundary flows, spills, or discharges of pollution or debris
from the Tijuana River on the personnel, activities, and installations
of the Department of Defense.
(b) ELEMENTS.—The projects referred to in subsection (b) shall
address the short-term, long-term, primary, and secondary impacts
of transboundary flows, spills, or discharges of pollution or debris
from the Tijuana River and include recommendations to mitigate
such impacts.

Deadline.
Coordination.
Criteria.

SEC. 321. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING.

10 USC 2922
note prec.

(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretary of Energy and the Administrator of the General
Services Administration, shall carry out a pilot program under
which the Secretary of Defense may, notwithstanding section 400AA
of the Energy Policy and Conservation Act (42 U.S.C. 6374), purchase new alternative fuel vehicles for which the initial cost of
such vehicles exceeds the initial cost of a comparable gasoline
or diesel fueled vehicle by not more than 10 percent.
(b) LOCATIONS.—
(1) IN GENERAL.—The Secretary of Defense shall carry out
the pilot program under subsection (a) at not fewer than 2
facilities or installations of each military department in the
continental United States that—
(A) have the largest total number of attached noncombat vehicles as compared to other facilities or installations
of the Department of Defense; and

Coordination.

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Recommendations.

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134 STAT. 3522

PUBLIC LAW 116–283—JAN. 1, 2021

(B) are located within 20 miles of public or private
refueling or recharging stations.
(2) AIR FORCE LOGISTICS CENTER.—One of the facilities
or installations selected under paragraph (1) shall be an Air
Force Logistics Center.
(c) ALTERNATIVE FUEL VEHICLE DEFINED.—In this section, the
term ‘‘alternative fuel vehicle’’ includes a vehicle that uses—
(1) a fuel or power source described in the first sentence
of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or
(2) propane.
10 USC 221 note.

SEC. 322. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO
OPERATIONAL ENERGY IMPROVEMENT.

The Secretary of Defense shall include in the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, a dedicated budget line item for fielding operational
energy improvements, including such improvements for which funds
from the Operational Energy Capability Improvement Fund have
been expended to create the operational and business case for
broader employment.
SEC. 323. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL
ENERGY USAGE.
Deadline.
Contracts.

Analyses.

Strategies.

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Classified
information.

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(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into an agreement with a federally funded research and development center with relevant expertise under which such center shall
conduct an assessment of Department of Defense operational energy
usage, including an agency-wide view and breakdowns of progress
by service branch.
(b) ELEMENTS.—The assessment required under subsection (a)
shall include—
(1) an analysis of the extent to which the Department
of Defense developed an integrated operational energy strategy
and the extent to which each of the military departments
has implemented such strategy;
(2) an analysis of the viability of implementing net zero
initiatives within the operational energy enterprise without
negatively impacting mission capability;
(3) an analysis of ways to overcome contested logistics
challenges such as the tyranny of distance within the United
States Indo-Pacific Command, including—
(A) strategies to improve the energy production, storage, and distribution system that enhance logistics supply
chain resiliency; and
(B) ways to reduce the demand for resupply to decrease
the strain on the logistics supply chain; and
(4) an analysis of the integration between energy offices
with program offices, budget, and operational planners within
the Department of Defense and military departments, and recommendations for improving coordination.
(c) FORM OF REPORT.—The report required under this section
shall be submitted in unclassified form, but may contain a classified
annex.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3523

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SEC. 324. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY
IMPROVEMENT FUND OF THE DEPARTMENT OF DEFENSE.

(a) MANAGEMENT OF THE OPERATIONAL ENERGY CAPABILITY
IMPROVEMENT FUND.—The Assistant Secretary of Defense for
Energy, Installations, and Environment shall exercise authority,
direction, and control over the Operational Energy Capability
Improvement Fund of the Department of Defense (in this section
referred to as the ‘‘OECIF’’).
(b) ALIGNMENT AND COORDINATION WITH RELATED PROGRAMS.—
(1) REALIGNMENT OF OECIF.—Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense
shall realign the OECIF under the Assistant Secretary of
Defense for Energy, Installations, and Environment, with such
realignment to include personnel positions adequate for the
mission of the OECIF.
(2) BETTER COORDINATION WITH RELATED PROGRAMS.—The
Assistant Secretary shall ensure that the placement under the
authority of the Assistant Secretary of the OECIF along with
the Strategic Environmental Research Program, the Environmental Security Technology Certification Program, and the
Operational Energy Prototyping Program is utilized to advance
common goals of the Department, promote organizational
synergies, and avoid unnecessary duplication of effort.
(c) PROGRAM FOR OPERATIONAL ENERGY PROTOTYPING.—
(1) IN GENERAL.—Commencing not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense,
through the Assistant Secretary of Defense for Energy, Installations, and Environment, shall carry out a program for the
demonstration of technologies related to operational energy
prototyping, including demonstration of operational energy
technology and validation prototyping.
(2) OPERATION OF PROGRAM.—The Secretary shall ensure
that the program under paragraph (1) operates in conjunction
with the OECIF to promote the transfer of innovative technologies that have successfully established proof of concept
for use in production or in the field.
(3) PROGRAM ELEMENTS.—In carrying out the program
under paragraph (1) the Secretary shall—
(A) identify and demonstrate the most promising,
innovative, and cost-effective technologies and methods
that address high-priority operational energy requirements
of the Department of Defense;
(B) in conducting demonstrations under subparagraph
(A)—
(i) collect cost and performance data to overcome
barriers against employing an innovative technology
because of concerns regarding technical or programmatic risk; and
(ii) ensure that components of the Department
have time to establish new requirements where necessary and plan, program, and budget for technology
transition to programs of record;
(C) utilize project structures similar to those of the
OECIF to ensure transparency and accountability throughout the efforts conducted under the program; and

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10 USC 2911
note.

Deadline.

Deadline.

PUBL283

134 STAT. 3524

PUBLIC LAW 116–283—JAN. 1, 2021
(D) give priority, in conjunction with the OECIF, to
the development and fielding of clean technologies that
reduce reliance on fossil fuels.
(4) TOOL FOR ACCOUNTABILITY AND TRANSITION.—
(A) IN GENERAL.—In carrying out the program under
paragraph (1) the Secretary shall develop and utilize a
tool to track relevant investments in operational energy
from applied research to transition to use to ensure user
organizations have the full picture of technology maturation
and development.
(B) TRANSITION.—The tool developed and utilized under
subparagraph (A) shall be designed to overcome transition
challenges with rigorous and well-documented demonstrations that provide the information needed by all stakeholders for acceptance of the technology.
(5) LOCATIONS.—
(A) IN GENERAL.—The Secretary shall carry out the
testing and evaluation phase of the program under paragraph (1) at installations of the Department of Defense
or in conjunction with exercises conducted by the Joint
Staff, a combatant command, or a military department.
(B) FORMAL DEMONSTRATIONS.—The Secretary shall
carry out any formal demonstrations under the program
under paragraph (1) at installations of the Department
or in operational settings to document and validate
improved warfighting performance and cost savings.

Evaluation.

SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES
RELATING TO RED HILL BULK FUEL STORAGE FACILITY.

Deadline.

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Determination.

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(a) REVIEWS.—
(1) REVIEWS REQUIRED.—At least once every 5 years,
concurrently with the Department of the Navy’s Tank Upgrade
Alternative (TUA) decision review, the Secretary of the Navy
shall conduct a review of available technologies relating to
the containment of fuel to determine whether any such technology may be used to improve the containment of fuel with
respect to storage tanks located at the Red Hill Bulk Fuel
Storage Facility, Hawaii.
(2) DEADLINE FOR INITIAL REVIEW.—The Secretary shall
conduct the first review under paragraph (1) concurrent with
the first TUA decision review conducted after the date of the
enactment of this Act.
(b) BRIEFINGS.—Not later than 60 days after the date on which
a review conducted under subsection (a) is completed, the Secretary
shall provide to the congressional defense committees a briefing
on—
(1) any technology identified in such review that the Secretary determines may be used to improve the containment
of fuel with respect to storage tanks located at the Red Hill
Bulk Fuel Storage Facility; and
(2) the feasibility and cost of implementing any such technology at the Red Hill Bulk Fuel Storage Facility.
(c) TERMINATION.—The requirements to conduct reviews under
subsection (a) and provide briefings under subsection (b) shall terminate on the date on which the Red Hill Bulk Fuel Storage Facility
ceases operation, as determined by the Secretary of the Navy.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3525

SEC. 326. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED ENERGY FOR RHINE ORDNANCE BARRACKS ARMY
MEDICAL CENTER.

Contracts.
Certification.
Russia.

None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Department
of Defense may be used to enter into a contract for the acquisition
of furnished energy for the new Rhine Ordnance Barracks Army
Medical Center (hereafter referred to as the ‘‘Medical Center’’)
before the date on which Secretary of Defense submits to the
congressional defense committees a written certification that the
Medical Center does not use any energy sourced from inside the
Russian Federation as a means of generating the furnished energy.

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SEC. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE
ADAPTATION ROADMAP.

(a) IN GENERAL.—Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives an update to the
Department of Defense 2014 Adaptation Roadmap. Such update
shall include an outline of the strategy and implementation plan
of the Department to address the current and foreseeable effects
of extreme weather and sea level fluctuations on the mission of
the Department of Defense.
(b) ELEMENTS OF STRATEGY AND IMPLEMENTATION PLAN.—The
strategy and implementation plan required to be included in the
update under subsection (a) shall include—
(1) a description of the overarching approach of the Department to extreme weather, sea level fluctuations, and associated
mitigation measures; and
(2) a discussion of the current and foreseeable effects of
extreme weather and seal level fluctuations on—
(A) plans and operations, including—
(i) military readiness;
(ii) increased frequency, if any, of extreme weather
events, including flooding, drought, desertification,
wildfires, thawing permafrost, hurricanes, and extreme
heat;
(iii) geopolitical instability, if any, caused by climate events, including extreme weather;
(iv) increased demand, if any for Defense Support
for Civil Authorities and disaster or humanitarian
relief operations;
(v) the operating environment of the Arctic and
of the strategic and geopolitical implications of an icefree Arctic Ocean; and
(vi) alteration or limitation on operation environments;
(B) training and testing, including—
(i) changes in land carrying capacity;
(ii) increased maintenance and repair requirements for equipment and infrastructure;
(iii) mitigation of heat stress and heat-related illnesses resulting from increasing temperatures;
(iv) increased dust generation and fire hazards;
and

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Deadline.

Strategy.
Implementation
plan.

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134 STAT. 3526

PUBLIC LAW 116–283—JAN. 1, 2021
(v) maintaining testing and training capacity to
support increased operations and civil support missions;
(C) built and natural infrastructure, including—
(i) military installation resilience, as such term
is defined in section 101(e)(8) of title 10, United States
Code, of installations both within and outside the
United States and its possessions and territories and
of the State-owned National Guard installations of the
several States;
(ii) resilience of the air and sea ports of our allies
and partners that are critical to the training, deployment, and operations of the Armed Forces of the United
States and its allies and partners;
(iii) resilience of the deployment system and structure of the Department of Defense and of the United
States, including the strategic highway network, the
strategic rail network, and designated strategic air
and sea ports;
(iv) best practices for modeling and mitigating
risks posed to military installations by increased
inundation, erosion, flood, wind, and fire damage;
(v) changing energy demand at military installations to include heating and cooling, particularly in
communities experiencing grid stress;
(vi) disruption and competition for reliable energy
and water resources;
(vii) increased maintenance and sustainment costs;
(viii) damage to natural and constructed infrastructure from thawing permafrost and sea ice; and
(ix) the effects of extreme weather and sea level
fluctuations on community support infrastructure,
including roads, transportation hubs, and medical
facilities;
(D) acquisition and supply chain, including—
(i) measures to ensure that the current and projected future scale and impacts of extreme weather
and sea level fluctuations are fully considered in the
research, development, testing, and acquisition of
major weapon systems and of associated supplies and
equipment;
(ii) required alterations of stockpiles;
(iii) reduced or changed availability and access
to materials, equipment, and supplies, including water
and food sources;
(iv) disruptions in fuel availability and distribution;
(v) estimated investments required to address
foreseeable costs incurred or influenced by extreme
weather and sea level fluctuations for each of the lines
of effort in this report, to include extreme weather
response, over the next 5, 10, and 20 years, with topline
estimates and a qualitative discussion of cost drivers
for each; and
(vi) equipment and infrastructure investments
required to address a changing Arctic environment;
and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3527

(E) such other matters as the Secretary determines
appropriate; and
(c) ASSESSMENTS AND PROJECTIONS.—In preparing the update
as required under subsection (a), the Secretary shall consider—
(1) climate projections from the Global Change Research
Office, National Climate Assessment, the National Oceanic and
Atmospheric Administration, and other Federal agencies; and
(2) data on, and analysis of, the national security effects
of climate prepared by the Climate Security Advisory Council
of the Office of the Director of National Intelligence established
pursuant to section 120 of the National Security Act of 1947
(50 U.S.C. 3060) and by other elements of the intelligence
community.
(d) FORM.—The update to the adaptation roadmap required
under subsection (a) shall be submitted in an unclassified form,
but may contain a classified annex. If the Secretary determines
that the inclusion of a classified annex is necessary, the Secretary
shall conduct an in-person briefing for Members of the Committees
on Armed Services of the Senate and House of Representatives
by not later than 90 days after the date of the submission of
the update.

Data.
Analysis.

Classified
information.
Determination.
Briefing.
Deadline.

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SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS
EMISSIONS LEVELS.

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(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives and to the Comptroller General a report on
the total level of greenhouse gas emissions for each of the last
10 fiscal years. Such emissions levels shall include the agencywide total, breakdowns by military department, and delineations
between installation and operational emissions.
(b) FORM OF REPORT.—The report required under this section
shall be submitted in unclassified form, but may contain a classified
annex.

Time period.

SEC. 329. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA
FOR USE OF WILDLIFE CONSERVATION BANKING PROGRAMS.

16 USC 1536
note.

(a) IN GENERAL.—To ensure opportunities for Department of
Defense participation in wildlife conservation banking programs
pursuant to section 2694c of title 10, United States Code, the
Secretary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall issue regulations of general
applicability establishing objectives, measurable performance standards, and criteria for use, consistent with the Endangered Species
Act (16 U.S.C. 1531 et seq.), for mitigation banking offsetting effects
on a species, or habitat of such species, that is endangered, threatened, a candidate for listing, or otherwise at risk under such Act.
To the maximum extent practicable, the regulatory standards and
criteria shall maximize available credits and opportunities for mitigation, provide flexibility for characteristics of various species, and
apply equivalent standards and criteria to all mitigation banks.
(b) DEADLINE FOR REGULATIONS.—The Secretary of the Interior,
acting through the Director of the United States Fish and Wildlife
Service, shall publish an advance notice of proposed rulemaking
for the regulations required by subsection (a) by not later than
1 year after the date of the enactment of this Act.

Regulations.

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information.

Publication.
Notice.

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134 STAT. 3528
10 USC 2661
note prec.

Applicability.
Approval.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 330. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIREFIGHTING AGENT.

(a) AUTHORITY.—The Secretary of Defense, acting through the
Assistant Secretary of Defense for Sustainment and the Strategic
Environmental Research and Development Program, may carry out
a program to award cash prizes and other types of prizes that
the Secretary determines are appropriate to recognize outstanding
achievements in the development of a non-PFAS-containing firefighting agent to replace aqueous film-forming foam with the potential for application to the performance of the military missions
of the Department of Defense.
(b) COMPETITION REQUIREMENTS.—A program under subsection
(a) shall use a competitive process for the selection of recipients
of cash prizes. The process shall include the widely-advertised solicitation of submissions of research results, technology developments,
and prototypes.
(c) LIMITATIONS.—The following limitations shall apply to a
program under subsection (a):
(1) No prize competition may result in the award of a
prize with a fair market value of more than $5,000,000.
(2) No prize competition may result in the award of more
than $1,000,000 in cash prizes without the approval of the
Assistant Secretary of Defense for Sustainment.
(3) No prize competition may result in the award of a
solely nonmonetary prize with a fair market value of more
than $10,000 without the approval of the Assistant Secretary
of Defense for Sustainment.
(d) RELATIONSHIP TO OTHER AUTHORITY.—A program under
subsection (a) may be carried out in conjunction with or in addition
to the exercise of any other authority of the Department of Defense.
(e) USE OF PRIZE AUTHORITY.—Use of prize authority under
this section shall be considered the use of competitive procedures
for the purposes of section 2304 of title 10, United States Code.
(f) PFAS DEFINED.—In this section, the term ‘‘PFAS’’ means—
(1) man-made chemicals of which all of the carbon atoms
are fully fluorinated carbon atoms; and
(2) man-made chemicals containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon atoms,
and nonfluorinated carbon atoms.
(g) TERMINATION.—The authority to carry out a program under
this section shall terminate on October 1, 2024.

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SEC. 331. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE
APPLICATION IN PHASING OUT THE USE OF FLUORINATED
AQUEOUS FILM-FORMING FOAM.

Deadline.

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(a) SURVEY OF TECHNOLOGIES.—The Secretary of Defense shall
conduct a survey of relevant technologies, other than fire-fighting
agent solutions, to determine whether any such technologies are
available and can be adapted for use by the Department of Defense
to facilitate the phase-out of fluorinated aqueous film-forming foam.
The technologies surveyed under this subsection shall include
hangar flooring systems, fire-fighting agent delivery systems,
containment systems, and other relevant technologies the Secretary
determines appropriate.
(b) BRIEFING.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall provide the congressional defense

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134 STAT. 3529

committees a briefing on the results of the survey conducted under
subsection (a). The briefing shall include—
(1) a description of the technologies included in the survey;
(2) a list of the technologies that were considered for further
testing or analysis; and
(3) any technologies that are undergoing additional analysis
for possible application within the Department.

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SEC. 332. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND
POLYFLUOROALKYL SUBSTANCES.

(a) ESTABLISHMENT.—The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology Council, shall establish, or designate, an interagency working
group to coordinate Federal activities related to PFAS research
and development.
(b) AGENCY PARTICIPATION.—The interagency working group
shall include a representative of each of—
(1) the Environmental Protection Agency;
(2) the National Institute of Environmental Health
Sciences;
(3) the Agency for Toxic Substances and Disease Registry;
(4) the National Science Foundation;
(5) the Department of Defense;
(6) the National Institutes of Health;
(7) the National Institute of Standards and Technology;
(8) the National Oceanic and Atmospheric Administration;
(9) the Department of the Interior;
(10) the Department of Transportation;
(11) the Department of Homeland Security;
(12) the National Aeronautics and Space Administration;
(13) the National Toxicology Program;
(14) the Department of Agriculture;
(15) the Geological Survey;
(16) the Department of Commerce;
(17) the Department of Energy;
(18) the Office of Information and Regulatory Affairs;
(19) the Office of Management and Budget; and
(20) any such other Federal department or agency as the
Director of the Office of Science and Technology Policy considers
appropriate.
(c) CO-CHAIRS.—The Interagency working group shall be cochaired by the Director of the Office of Science and Technology
Policy and, on a biannual rotating basis, a representative from
a member agency, as selected by the Director of the Office of
Science and Technology Policy.
(d) RESPONSIBILITIES OF THE WORKING GROUP.—The interagency working group established under subsection (a) shall—
(1) provide for interagency coordination of federally funded
PFAS research and development; and
(2) not later than 12 months after the date of enactment
of this Act, develop and make publicly available a strategic
plan for Federal support for PFAS research and development
(to be updated not less frequently than once every three years)
that—
(A) identifies all current federally funded PFAS
research and development, including the nature and scope
of such research and development and the amount of

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List.

15 USC 8963.

Deadline.
Public
information.
Strategic plan.
Update.
Time period.

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134 STAT. 3530

Time period.

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Implementation
plan.

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funding associated with such research and development
during the current fiscal year, disaggregated by agency;
(B) identifies all federally funded PFAS research and
development having taken place in the last three years,
excluding the research listed under subparagraph (A),
including the nature and scope of such research and
development and the amount of funding associated with
such research and development during the current fiscal
year, disaggregated by agency;
(C) identifies scientific and technological challenges
that must be addressed to understand and to significantly
reduce the environmental and human health impacts of
PFAS and to identify cost-effective—
(i) alternatives to PFAS that are designed to be
safer and more environmentally friendly;
(ii) methods for removal of PFAS from the environment; and
(iii) methods to safely destroy or degrade PFAS;
(D) establishes goals, priorities, and metrics for federally funded PFAS research and development that takes
into account the current state of research and development
identified in subparagraph (A) and the challenges identified
in subparagraph (C); and
(E) an implementation plan for Federal agencies and,
for each update to the strategic plan under this paragraph,
a description of how Federal agencies have been following
the implementation plan.
(e) CONSULTATION.—In developing the strategic plan under subsection (d)(2), the interagency working group shall consult with
States, tribes, territories, local governments, appropriate industries,
academic institutions and nongovernmental organizations with
expertise in PFAS research and development, treatment, management, and alternative development.
(f) SUNSET.—The strategic plan requirement described under
section (d)(2) shall cease on the date that is 20 years after the
initial strategic plan is developed.
(g) DEFINITIONS.—In this section:
(1) PFAS.—The term ‘‘PFAS’’ means—
(A) man-made chemicals of which all of the carbon
atoms are fully fluorinated carbon atoms; and
(B) man-made chemicals containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
(2) PFAS RESEARCH AND DEVELOPMENT DEFINED.—The term
‘‘PFAS research and development’’ includes any research or
project that has the goal of accomplishing the following:
(A) The removal of PFAS from the environment.
(B) The safe destruction or degradation of PFAS.
(C) The development and deployment of safer and more
environmentally friendly alternative substances that are
functionally similar to those made with PFAS.
(D) The understanding of sources of environmental
PFAS contamination and pathways to exposure for the
public.
(E) The understanding of the toxicity of PFAS to
humans and animals.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3531

SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT
OF CERTAIN ITEMS CONTAINING PERFLUOROOCTANE
SULFONATE OR PERFLUOROOCTANOIC ACID.

10 USC 3062
note.

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(a) PROHIBITION.—The Department of Defense may not procure
any covered item that contains perfluorooctane sulfonate (PFOS)
or perfluorooctanoic acid (PFOA).
(b) DEFINITIONS.—In this section, the term ‘‘covered item’’
means—
(1) nonstick cookware or cooking utensils for use in galleys
or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
(c) EFFECTIVE DATE.—This section shall take effect on April
1, 2023.

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SEC. 334. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO
AQUEOUS FILM-FORMING FOAM.

10 USC 2661
note prec.

(a) IN GENERAL.—The Secretary of Defense, acting through
the National Institute of Standards and Technology and in consultation with appropriate stakeholders and manufactures, research
institutions, and other Federal agencies shall award grants and
carry out other activities to—
(1) promote and advance the research and development
of additional alternatives to aqueous film-forming foam (in this
section referred to as ‘‘AFFF’’) containing per- and
polyfluoroalkyl substances (in this section referred to as
‘‘PFAS’’) to facilitate the development of a military specification
and subsequent fielding of a PFAS-free fire-fighting foam;
(2) advance the use of green and sustainable chemistry
for a fluorine-free alternative to AFFF;
(3) increase opportunities for sharing best practices within
the research and development sector with respect to AFFF;
(4) assist in the testing of potential alternatives to AFFF;
and
(5) provide guidelines on priorities with respect to an alternative to AFFF.
(b) ADDITIONAL REQUIREMENTS.—In carrying out the program
required under subsection (a), the Secretary shall—
(1) take into consideration the different uses of AFFF and
the priorities of the Department of Defense in finding an alternative;
(2) prioritize green and sustainable chemicals that do not
pose a threat to public health or the environment; and
(3) use and leverage research from existing Department
of Defense programs.
(c) REPORT.—The Secretary shall submit to Congress a report
on—
(1) the priorities and actions taken with respect to finding
an alternative to AFFF and the implementation of such priorities; and
(2) any alternatives the Secretary has denied, and the
reason for any such denial.
(d) USE OF FUNDS.—This section shall be carried out using
amounts authorized to be available for the Strategic Environmental
Research and Development Program.

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134 STAT. 3532
10 USC 2701
note.

SEC. 335. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED
IN AREAS EXPOSED TO DEPARTMENT OF DEFENSE PFAS
USE.

Deadline.
Consultation.

(a) NOTIFICATION REQUIRED.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Agriculture, shall provide a
notification described in subsection (b) to any agricultural operation
located within one mile down gradient of a military installation
or National Guard facility where covered PFAS—
(1) has been detected in groundwater;
(2) has been hydrologically linked to a local agricultural
or drinking water source, including a water well; and
(3) is suspected to be, or known to be, the result of the
use of PFAS at an installation of the Department of Defense
located in the United States or State-owned facility of the
National Guard.
(b) NOTIFICATION REQUIREMENTS.—The notification required
under subsection (a) shall include the following information:
(1) The name of the Department of Defense installation
or National Guard facility from which the covered PFAS in
groundwater originated.
(2) The specific covered PFAS detected in groundwater.
(3) The levels of the covered PFAS detected.
(4) Relevant governmental information regarding the
health and safety of the covered PFAS detected, including relevant Federal or State standards for PFAS in groundwater,
livestock, food commodities and drinking water, and any known
restrictions for sale of agricultural products that have been
irrigated or watered with water containing PFAS.
(c) ADDITIONAL TESTING RESULTS.—The Secretary of Defense
shall provide to an agricultural operation that receives a notice
under subsection (a) any pertinent updated information, including
any results of new elevated testing, by not later than 15 days
after receiving validated test results.
(d) REPORT TO CONGRESS.—Not later than 90 days after the
date of the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status
of providing notice under subsection (a). Such report shall include,
for the period covered by the report—
(1) the approximate locations of such operations relative
to installations of the Department of Defense located in the
United States and State-owned facilities of the National Guard;
(2) the covered PFAS detected in groundwater; and
(3) the levels of covered PFAS detected.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered PFAS’’ means each of the following:
(A) Perfluorooctanoic acid (commonly referred to as
‘‘PFOA’’) (Chemical Abstracts Service No. 335–67–1)
detected in groundwater above 70 parts per trillion, individually or in combination with PFOS.
(B) Perfluorooctane sulfonic acid (commonly referred
to as ‘‘PFOS’’) (Chemical Abstracts Service No. 1763–23–
1) detected in groundwater above 70 parts per trillion,
individually or in combination with PFOA.

Deadline.

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Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3533

(C) Perfluorobutanesulfonic acid (commonly referred
to as ‘‘PFBS’’) (Chemical Abstracts Service No. 375–73–
5) detected in groundwater above 40 parts per billion.
(2) The term ‘‘PFAS’’ means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom, including the chemical GenX.
SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CONTRACTS.

(a) IN GENERAL.—Section 2925(a) of title 10, United States
Code, is amended—
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new paragraph:
‘‘(7) A description of the use of energy savings performance
contracts (in this paragraph referred to as ‘ESPCs’) by the
Department of Defense, including—
‘‘(A) the total investment value of the total number
of ESPCs per service for the previous five fiscal years;
‘‘(B) the location of facilities with ESPCs for the previous five fiscal years;
‘‘(C) any limitations on expanding ESPCs throughout
the Department of Defense;
‘‘(D) the effect ESPCs have on military readiness; and
‘‘(E) any additional information the Secretary determines relevant.’’.
(b) APPLICABILITY.—The reporting requirement under paragraph (7) of section 2925(a) of title 10, United States Code, as
added by subsection (a) of this section, applies to reports submitted
under such section 2925 for fiscal year 2021 and thereafter.

10 USC 2925
note.

SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY ON HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN
DRINKING WATER.

Section 316(a)(2)(B)(ii) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350)
is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’.

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SEC. 338. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS
ACT OF 2020.

(a) SHORT TITLE.—This section may be cited as the ‘‘Guaranteeing Equipment Safety for Firefighters Act of 2020’’.
(b) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
STUDY ON PER- AND POLYFLUOROALKYL SUBSTANCES IN PERSONAL
PROTECTIVE EQUIPMENT WORN BY FIREFIGHTERS.—
(1) IN GENERAL.—Not later than 3 years after the date
of the enactment of this Act, the Director of the National
Institute of Standards and Technology shall, subject to availability of appropriations, in consultation with the Director of
the National Institute for Occupational Safety and Health, complete a study of the contents and composition of new and
unused personal protective equipment worn by firefighters.
(2) CONTENTS OF STUDY.—In carrying out the study
required by paragraph (1), the Director of the National Institute
of Standards and Technology shall examine—
(A) the identity, prevalence, and concentration of perand polyfluoroalkyl substances (commonly known as

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Guaranteeing
Equipment
Safety for
Firefighters
Act of 2020.
15 USC 8963
note.
Deadline.
Consultation.

Examination.

PUBL283

134 STAT. 3534

Time period.

Recommendations.

Deadline.

Grants.

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Proposal.

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‘‘PFAS’’) in the personal protective equipment worn by
firefighters;
(B) the conditions and extent to which per- and
polyfluoroalkyl substances are released into the environment over time from the degradation of personal protective
equipment from normal use by firefighters; and
(C) the relative risk of exposure to per- and
polyfluoroalkyl substances faced by firefighters from—
(i) their use of personal protective equipment; and
(ii) degradation of personal protective equipment
from normal use by firefighters.
(3) REPORTS.—
(A) PROGRESS REPORTS.—Not less frequently than once
each year for the duration of the study conducted under
paragraph (1), the Director shall submit to Congress a
report on the progress of the Director in conducting such
study.
(B) FINAL REPORT.—Not later than 90 days after the
date on which the Director completes the study required
by paragraph (1), the Director shall submit to Congress
a report describing—
(i) the findings of the Director with respect to
the study; and
(ii) recommendations on what additional research
or technical improvements to personal protective equipment materials or components should be pursued to
avoid unnecessary occupational exposure among firefighters to per- and polyfluoroalkyl substances through
personal protective equipment.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $2,500,000 for each of fiscal years
2021 and 2022.
(c) RESEARCH ON PER- AND POLYFLUOROALKYL SUBSTANCES IN
PERSONAL PROTECTIVE EQUIPMENT WORN BY FIREFIGHTERS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the submittal of the report required by subsection (b)(3)(B),
the Director of the National Institute of Standards and Technology shall, subject to the availability of appropriations—
(A) issue a solicitation for research proposals to carry
out the research recommendations identified in the report
submitted under subsection (b)(3)(B); and
(B) award grants to applicants that submit research
proposals to develop safe alternatives to per- and
polyfluoroalkyl substances in personal protective equipment.
(2) CRITERIA.—The Director shall select research proposals
to receive a grant under paragraph (1) on the basis of merit,
using criteria identified by the Director, including the likelihood
that the research results will address the findings of the
Director with respect to the study conducted under subsection
(b)(1).
(3) ELIGIBLE ENTITIES.—Any entity or group of 2 or more
entities may submit to the Director a research proposal in
response to the solicitation for research proposals under paragraph (1), including—
(A) State and local agencies;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3535

(B) public institutions, including public institutions of
higher education;
(C) private corporations; and
(D) nonprofit organizations.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for fiscal year 2023,
$5,000,000 for fiscal year 2024, and $5,000,000 for fiscal year
2025 to carry out this section.
(d) AUTHORITY FOR DIRECTOR OF THE NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY TO CONSULT WITH EXPERTS ON MATTERS RELATING TO PER- AND POLYFLUOROALKYL SUBSTANCES.—In
carrying out this section, the Director of the National Institute
of Standards and Technology may consult with Federal agencies,
nongovernmental organizations, State and local governments, and
science and research institutions determined by the Director to
have scientific or material interest in reducing unnecessary occupational exposure to per- and polyfluoroalkyl substances by firefighters.
SEC. 339. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAMS WITH RESPECT TO NEED AND WILDFIRE
RISK.

(a) ASSESSMENT OF PROGRAMS.—
(1) IN GENERAL.—The Secretary of Defense, acting through
the Director of the Defense Logistics Agency, jointly with the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall assess the Firefighter Property Program (FFP)
and the Federal Excess Personal Property Program (FEPP)
implementation and best practices, taking into account community need and risk, including whether a community is an atrisk community (as defined in section 101(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).
(2) COLLABORATION.—In carrying out the assessment
required under paragraph (1), the Secretary of Defense, acting
through the Director of the Defense Logistics Agency, and the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall consult with State foresters and participants
in the programs described in such paragraph.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through
the Director of the Defense Logistics Agency, jointly with the Secretary of Agriculture, acting through the Chief of the Forest Service,
shall submit to the Committee on Armed Services and the Committee on Agriculture of the House of Representatives and the
Committee on Armed Services and the Committee on Agriculture,
Forestry, and Nutrition of the Senate a report on the assessment
required under paragraph (1) of subsection (a) and any findings
and recommendations with respect to the programs described in
such paragraph.

Consultation.

Recommendations.

Subtitle C—Logistics and Sustainment
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SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW.

(a) IN GENERAL.—Chapter 2 of title 10, United States Code,
is amended by inserting after section 118 the following new section:

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134 STAT. 3536
10 USC 118a.
Time periods.

Consultation.

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Assessments.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 118a. National Defense Sustainment and Logistics Review
‘‘(a) REVIEW REQUIRED.—Upon submission of each national
defense strategy under section 113(g) of this title, the Secretary
of Defense shall conduct a comprehensive review of the sustainment
and logistics requirements necessary to support the force structure,
force modernization, infrastructure, force deployment capabilities,
and other elements of the defense program and policies of the
United States during the subsequent 5-, 10-, and 25-year periods.
Each such review shall be known as the ‘National Defense
Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional
and geographic combatant commanders, and the Director of the
Defense Logistics Agency.
‘‘(b) REPORT TO CONGRESS.—(1) Not later than the first Monday
in February of the year following the fiscal year during which
the National Defense Strategy was submitted under section 113(g)
of this title, the Secretary shall submit to the congressional defense
committees a report on the review required by subsection (a). Each
such report shall include each of the following:
‘‘(A) An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement
and Voluntary Tanker Agreement) required to support sealift,
at sea logistics, and over-the-shore logistics of forces to meet
steady state and contingency requirements and the strategic
and intra-theater movement of supplies, personnel, and equipment.
‘‘(B) An assessment of the strategic, operational, and tactical airlift and tankers (including non-military assets provided
by the Civil Reserve Air Fleet) required to meet steady state
and contingency requirements.
‘‘(C) An assessment of the location, configuration, material
condition, and inventory of prepositioned materiel, equipment,
and war reserves programs, as well as the ability to store
and distribute these items to deployed military forces, required
to meet steady state and contingency requirements.
‘‘(D) An assessment of the location, infrastructure, and
storage capacity for petroleum, oil, and lubricant products, as
well as the ability to store, transport, and distribute such
products from storage supply points to deployed military forces,
required to meet steady state and contingency requirements.
‘‘(E) An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base
and private sector industrial base required to meet steadystate and surge software and depot maintenance requirements.
‘‘(F) An assessment of the production capability, capacity,
and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet
steady-state and surge production requirements for ammunition
and other military munitions.
‘‘(G) An assessment of the condition, capacity, location,
and survivability under likely threats of military infrastructure
located both inside the continental United States and outside
the continental United States, including agreements with and
infrastructure provided by international partners, required to

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134 STAT. 3537

generate, project, and sustain military forces to meet steadystate and contingency requirements.
‘‘(H) An assessment of the cybersecurity risks to military
and commercial logistics networks and information technology
systems.
‘‘(I) An assessment of the gaps between the requirements
identified under subparagraphs (A) through (H) compared to
the actual force structure and infrastructure capabilities,
capacity, and posture and the risks associated with each gap
as it relates to the ability to meet the national defense strategy.
‘‘(J) A discussion of the identified mitigations being pursued
to address each gap and risk identified under subparagraph
(I) as well as the initiatives and resources planned to address
such gaps, as included in the Department of Defense budget
request submitted during the same year as the report and
the applicable future-years defense program.
‘‘(K) An assessment of the extent to which wargames incorporate logistics capabilities and threats and a description of
the logistics constraints and restraints to operations identified
through such wargames.
‘‘(L) An assessment of the ability of the Department of
Defense, the Armed Forces, and the combatant commands to
leverage and integrate emergent logistics related technologies
and advanced computing systems.
‘‘(M) Such other matters the Secretary of Defense considers
appropriate.
‘‘(2) In preparing the report under paragraph (1), the Secretary
of Defense shall consult with, and consider the recommendations
of, the Chairman of the Joint Chiefs of Staff.
‘‘(3) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.
‘‘(c) COMPTROLLER GENERAL REVIEW.—Not later than 180 days
after the date on which Secretary submits each report required
under subsection (b), the Comptroller General shall submit to the
congressional defense committees a report that includes an assessment of each of the following:
‘‘(1) Whether the report includes each of the elements
referred to in subsection (b).
‘‘(2) The strengths and weaknesses of the approach and
methodology used in conducting the review required under
subsection (a) that is covered by the report.
‘‘(3) Any other matters relating to sustainment that may
arise from the report, as the Comptroller General considers
appropriate.
‘‘(d) RELATIONSHIP TO BUDGET.—Nothing in this section shall
be construed to affect section 1105(a) of title 31.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 118 the following new item:

Consultation.
Recommendations.
Classified
information.
Reports.
Assessments.

10 USC 111 prec.

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‘‘118a. National Defense Sustainment and Logistics Review.’’.

(c) DEADLINE FOR SUBMITTAL OF FIRST REPORT.—Notwithstanding the deadline in subsection (b)(1) of section 118a of title
10, United States Code, as added by subsection (a), the Secretary
of Defense shall submit the first report under such section not
later than the date that is 18 months after the date of the enactment
of this Act, unless a new National Defense Strategy is released
prior to such date.

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10 USC 118a
note.

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SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE
AMOUNT FOR CARRIERS PARTICIPATING IN THE CIVIL
RESERVE AIR FLEET.

Section 9515 of title 10, United States Code, is amended by
striking subsection (k).
SEC. 343. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP
DEPOT MAINTENANCE BUDGET REPORT.
133 Stat. 1327.

Section 363(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92) is amended by adding at
the end the following new paragraphs:
‘‘(6) The execution of the planned schedule, categorized
by class of ship, for each of the three preceding fiscal years,
including—
‘‘(A) the actual contract award compared to the milestone;
‘‘(B) the planned completion date compared to the
actual completion date; and
‘‘(C) each regional maintenance center’s availability
schedule performance for on-time availability completion.
‘‘(7) In accordance with the findings of the Government
Accountability Office (GAO 20–370)—
‘‘(A) in 2021, an analysis plan for the evaluation of
pilot program availabilities funded by the Other Procurement, Navy account; and
‘‘(B) in 2022, a report on the Navy’s progress implementing such analysis plan.’’.
SEC. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS
FORWARD DEPLOYMENT OF CURRENTLY DEPLOYED
NAVAL VESSELS.

Section 323(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1720; 10 U.S.C. 8690 note) is amended by striking ‘‘In the
case of any naval vessel’’ and inserting ‘‘In the case of any aircraft
carrier, amphibious ship, cruiser, destroyer, frigate, or littoral combat ship’’.
SEC. 345. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM
SUSTAINMENT.

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Appointments.

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(a) ESTABLISHMENT.—The Secretary of Defense shall establish
an independent advisory panel (in this section referred to as the
‘‘panel’’) on the weapon system sustainment ecosystem. The
National Defense University and the Defense Acquisition University
shall sponsor the panel, including by providing administrative support.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The panel shall be comprised of nine
members, of whom—
(A) five shall be appointed by the Secretary of Defense;
(B) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(C) one shall be appointed by the Ranking Member
of the Committee on Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of Representatives; and

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134 STAT. 3539

(E) one shall be appointed by the Ranking Member
of the Committee on Armed Services of the House of Representatives.
(2) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in public and private-sector acquisition, sustainment, and
logistics policy in aviation, ground, maritime systems, and space
systems and their related components.
(3) APPOINTMENT DATE.—The appointment of the members
of the panel shall be made not later than 120 days after
the date of the enactment of this Act.
(c) DUTIES.—The panel shall—
(1) review the weapon system sustainment ecosystem from
development, production, and sustainment of the weapon
system through use in the field, depot and field-level maintenance, modification, and disposal with a goal of—
(A) maximizing the availability and mission capabilities of weapon systems;
(B) reducing overall life-cycle costs of weapon systems
during fielding, operation and sustainment; and
(C) aligning weapon system sustainment functions to
the most recent national defense strategy submitted pursuant to section 113 of title 10, United States Code; and
(2) using information from the review of the weapon system
sustainment ecosystem, make recommendations related to
statutory, regulatory, policy, or operational best practices the
panel considers necessary.
(d) REPORT.—
(1) INTERIM REPORT.—Not later than 1 year after the date
on which all members of the panel have been appointed, the
panel shall provide to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim findings and recommendations
of the panel.
(2) FINAL REPORT.—Not later than 2 years after the date
on which all members of the panel have been appointed, the
panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report setting forth a detailed statement of the findings
and conclusions of the panel as a result of the review described
in subsection (c), together with such recommendations related
to statutory, regulatory, policy, or operational practices as the
panel considers appropriate in light of the results of the review.
(e) ADMINISTRATIVE MATTERS.—
(1) IN GENERAL.—The Secretary of Defense shall provide
the panel with timely access to appropriate information, data,
resources, analysis, and logistics support so that the panel
may conduct a thorough and independent assessment as
required under this section.
(2) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT
DATE.—If any member has not been appointed by the date
specified in subsection (b)(3), the authority to appoint such
member under subsection (b)(1) shall expire, and the number
of members of the panel shall be reduced by the number equal
to the number of appointments so not made.
(3) PERIOD OF APPOINTMENT; VACANCIES.—Members of the
panel shall be appointed for the duration of the panel. Any

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Recommendations.
Deadline.
Briefing.

Expiration date.

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vacancy in the panel shall not affect its powers, but shall
be filled in the same manner as the original appointment.
(4) CHAIR.—The panel shall select a Chair from among
its members. The Chair may not be a Federal officer or
employee.
(f) TERMINATION.—The panel shall terminate 90 days after
the date on which the panel submits the report required under
subsection (d)(2).
SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN.
Time period.

List.
Time period.

Estimate.

(a) BRIEFINGS REQUIRED.—During the period beginning on July
1, 2020, and ending on July 1, 2025, the Secretary of the Navy
shall provide to the congressional defense committees biannual
briefings on the status of the Shipyard Infrastructure Optimization
Plan.
(b) ELEMENTS OF BRIEFINGS.—Each briefing under subsection
(a) shall include a discussion of the status of each of the following
elements:
(1) A master plan for infrastructure development, including
projected military construction and capital equipment projects.
(2) A planning and design update for military construction,
minor military construction, and facility sustainment projects
over the subsequent five-year period.
(3) A human capital management and development plan.
(4) A workload management plan that includes synchronization requirements for each shipyard and ship class.
(5) Performance metrics and an assessment plan.
(6) A funding and authority plan that includes funding
lines across the future years defense program.
(7) A listing of equipment from Federal Supply Classes
3411 (Boring Machines), 3416 (Lathes) and 3441 (Bending and
Forming Machines) that has been unserviceable for over 30
consecutive days, including, for each such piece of equipment—
(A) the reason for the delayed repair;
(B) the availability of technical representatives from
the manufacturer to provide assistance in diagnosing and
repairing the discrepancy; and
(C) the estimated time to repair.

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SEC. 347. MATERIEL READINESS METRICS AND OBJECTIVES FOR
MAJOR WEAPON SYSTEMS.

(a) IN GENERAL.—Section 118 of title 10, United States Code,
is amended—
(1) by amending the section heading to read as follows:
‘‘Materiel readiness metrics and objectives for major
weapon systems’’;
(2) by striking ‘‘Not later than five days’’ and inserting
the following:
‘‘(d) BUDGET JUSTIFICATION.—Not later than five days’’;
(3) by inserting before subsection (d) (as designated by
paragraph (2)) the following new subsections:
‘‘(a) MATERIEL READINESS METRICS.—Each head of an element
of the Department specified in paragraphs (1) through (10) of section
111(b) of this title shall establish and maintain materiel readiness
metrics to enable assessment of the readiness of members of the
armed forces to carry out—

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‘‘(1) the strategic framework required by section
113(g)(1)(B)(vii) of this title; and
‘‘(2) guidance issued by the Secretary of Defense pursuant
to section 113(g)(1)(B) of this title.
‘‘(b) REQUIRED METRICS.—At a minimum, the materiel readiness metrics required by subsection (a) shall address the materiel
availability, operational availability, operational capability, and
materiel reliability of each major weapon system by designated
mission, design series, variant, or class.
‘‘(c) MATERIEL READINESS OBJECTIVES.—(1) Not later than one
year after the date of the enactment of this subsection, each head
of an element described in subsection (a) shall establish the metrics
required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection
(a).
‘‘(2) Annually, each head of an element described in subsection
(a) shall review and revise the metrics required by subsection
(b) and include any such revisions in the materials submitted to
Congress in support of the budget of the President under section
1105 of title 31.’’;
(4) in subsection (d) (as designated by paragraph (2))—
(A) in paragraph (1)—
(i) by striking ‘‘materiel reliability, and mean down
time metrics for each major weapons system’’ and
inserting ‘‘operational availability, and materiel reliability for each major weapon system’’; and
(ii) by inserting ‘‘and’’ at the end;
(B) in paragraph (2), by striking ‘‘; and’’ and inserting
a period at the end; and
(C) by striking paragraph (3); and
(5) by adding at the end the following new subsection:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘major weapon system’ has the meaning
given in section 2379(f) of this title.
‘‘(2) The term ‘materiel availability’ means a measure of
the percentage of the total inventory of a major weapon system
that is operationally capable of performing an assigned mission.
‘‘(3) The term ‘materiel reliability’ means the probability
that a major weapon system will perform without failure over
a specified interval.
‘‘(4) The term ‘operational availability’ means a measure
of the percentage of time a major weapon system is operationally capable.
‘‘(5) The term ‘operationally capable’ means a materiel
condition indicating that a major weapon system is capable
of performing its assigned mission and has no discrepancies
with a subsystem of a major weapon system.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended

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Deadline.

Time period.
Review.

10 USC 111 prec.

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134 STAT. 3542

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by striking the item relating to section 118 and inserting the
following new item:
‘‘118. Materiel readiness metrics and objectives for major defense acquisition programs.’’.
SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION
TO DIRECTOR OF DEFENSE LOGISTICS AGENCY THREE
YEARS PRIOR TO IMPLEMENTING CHANGES TO ANY UNIFORM OR UNIFORM COMPONENT.

Section 356 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
771 note prec.) is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsections (a) and (b), as so redesignated, by striking
‘‘Commander’’ each place it appears and inserting ‘‘Director’’.

Subtitle D—Munitions Safety and
Oversight

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SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY
BOARD.

(a) RESPONSIBILITIES.—Section 172 of title 10, United States
Code, is amended by adding at the end the following new subsections:
‘‘(c) RESPONSIBILITIES OF CHAIR.—The chair of the explosive
safety board shall carry out the following responsibilities:
‘‘(1) To act as the principal executive representative and
advisor of the Secretary on explosive and chemical agent safety
matters related to Department of Defense military munitions.
‘‘(2) To perform the hazard classification approval duties
assigned to the chair.
‘‘(3) To preside over meetings of the explosive safety board.
‘‘(4) To direct the staff of the explosive safety board.
‘‘(5) To performs other functions relating to explosives
safety management, as directed by the Assistant Secretary
of Defense for Sustainment.
‘‘(6) To provide impartial and objective advice related to
explosives safety management to the Secretary of Defense and
the heads of the military departments.
‘‘(7) To serve as the principal representative and advisor
of the Department of Defense on matters relating to explosives
safety management.
‘‘(8) To provide assistance and advice to the Under Secretary of Defense for Acquisition and Sustainment and the
Deputy Director of Land Warfare and Munitions in munitions
acquisition oversight and technology advancement for Department of Defense military munitions, especially in the areas
of explosives and chemical agent safety and demilitarization.
‘‘(9) To provide assistance and advice to the Assistant Secretary of Defense for Logistics and Material Readiness in
sustainment oversight of Department of Defense military munitions, especially in the areas of explosives and chemical agent
safety, storage, transportation, and demilitarization.

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134 STAT. 3543

‘‘(10) To develop and recommend issuances to define the
functions of the explosive safety board.
‘‘(11) To establishes joint hazard classification procedures
with covered components of the Department.
‘‘(12) To make recommendations to the Under Secretary
of Defense for Acquisition and Sustainment with respect to
explosives and chemical agent safety tenets and requirements.
‘‘(13) To conducts oversight of Department of Defense explosive safety management programs.
‘‘(14) To carry out such other responsibilities as the Secretary of Defense determines appropriate.
‘‘(d) RESPONSIBILITIES OF EXECUTIVE DIRECTOR AND CIVILIAN
MEMBERS.—The executive director and civilian members of the
explosive safety board shall—
‘‘(1) provide assistance to the chair in carrying out the
responsibilities specified in subsection (c); and
‘‘(2) carry out such other responsibilities as the chair determines appropriate.
‘‘(e) MEETINGS.—(1) The explosive safety board shall meet not
less frequently than quarterly.
‘‘(2) The chair shall submit to the congressional defense committees an annual report describing the activities conducted at the
meetings of the board.
‘‘(f) EXCLUSIVE RESPONSIBILITIES.—The explosive safety board
shall have exclusive responsibility within the Department of
Defense for—
‘‘(1) recommending new and updated explosive and chemical agent safety regulations and standards to the Assistant
Secretary of Defense for Energy Installations and Environment
for submittal to the Under Secretary of Defense for Acquisition
and Sustainment; and
‘‘(2) acting as the primary forum for coordination among
covered components of the Department on all matters related
to explosive safety management.
‘‘(g) COVERED COMPONENTS.—In this section, the covered components of the Department are each of the following:
‘‘(1) The Office of the Secretary of Defense.
‘‘(2) The military departments.
‘‘(3) The Office of the Chairman of the Joint Chiefs of
Staff and the Joint Staff, the Combatant Commands.
‘‘(4) The Office of the Inspector General of the Department.
‘‘(5) The Defense Agencies.
‘‘(6) The Department of Defense field activities.
‘‘(7) All other organizational entities within the Department.’’.
(b) DEADLINE FOR APPOINTMENT.—By not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall take such steps as may be necessary to ensure that the
explosive safety board of the Department of Defense, as authorized
under section 172 of title 10, United States Code, has a chair
who is a military officer and whose responsibilities include the
day-to-day management of the explosive safety board and the
responsibilities provided in subsection (c) of such section.
(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized
to be appropriated or otherwise made available in this Act for
the Office of the Under Secretary of Defense for Acquisition and
Sustainment for fiscal year 2021, not more than 75 percent may

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Time period.
Reports.

10 USC 172 note.

Certification.

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be obligated or expended until the date on which the Under Secretary of Defense certifies to the congressional defense committees
that all board member positions, including the chair, of the Department of Defense explosive safety board, as authorized under section
172 of title 10, United States Code, as amended by this section,
have been filled by military officers as required by such section.
SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.

Coordination.

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Assessments.

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(a) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—Section
2284(b) of title 10, United States Code, as amended by section
1052 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92), is further amended—
(1) in paragraph (1)(A)—
(A) by inserting ‘‘and’’ before ‘‘integration’’; and
(B) by striking ‘‘an Assistant Secretary of Defense’’
and inserting ‘‘the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict’’;
(2) in paragraph (2), by striking ‘‘to whom responsibility
is assigned under paragraph (1)(A)’’ and inserting ‘‘for Special
Operations and Low Intensity Conflict’’;
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following new paragraph (3):
‘‘(3) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall coordinate with—
‘‘(A) the Under Secretary of Defense for Intelligence
on explosive ordnance technical intelligence;
‘‘(B) the Under Secretary of Defense for Acquisition
and Sustainment on explosive ordnance disposal research,
development, acquisition, and sustainment;
‘‘(C) the Under Secretary of Defense for Research and
Engineering on explosive ordnance disposal research,
development, test, and evaluation;
‘‘(D) the Assistant Secretary of Defense for Homeland
Security and Global Security on explosive ordnance disposal
on defense support of civil authorities; and
‘‘(E) the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense programs on explosive
ordnance disposal for combating weapons of mass destruction;’’.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report of the Explosive Ordnance Disposal
Defense Program under section 2284 of title 10, United States
Code. Such report shall include each of the following:
(1) The status of the establishment and organization of
the Program and the compliance with the requirements of
such section, as amended by section 1052 of the National
Defense Authorization Act for Fiscal Year 2020.
(2) An assessment of the feasibility and advisability of
designating the Joint Program Executive Officer for Armaments
and Ammunition as the joint program executive officer for
the explosive ordnance disposal program, establishing a rotation

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of the role between an Army, Navy, and Air Force entity on
a periodic basis, or other options determined appropriate.
(3) An assessment of the feasibility and advisability of
designating the Director of the Defense Threat Reduction
Agency with management responsibility for a Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation transactions other than contracts,
cooperative agreements, and grants related to section 2371
of title 10, United States Code, during research projects
including rapid prototyping and limited procurement urgent
activities and acquisition.
SEC. 353. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE
MUNITIONS ENTERPRISE.

(a) ASSESSMENT.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into an agreement with a federally-funded research and development center with relevant expertise under which such center shall
conduct an assessment of the resilience of the Department of
Defense munitions enterprise.
(b) ELEMENTS.—The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the points of failure with respect
to the munitions enterprise, including physical locations, materials, suppliers, contractors, and other relevant elements, that,
if failure occurs, would have the largest negative impact on
the capacity, resiliency, and safety of the enterprise.
(2) An evaluation of the efforts of the Department of
Defense to address the points of failure identified under paragraph (1).
(3) Recommendation with respect to any additional efforts
or actions that could be taken to provide for mitigation or
solutions with respect to such points of failure.
(4) An evaluation of the capacity of the munitions enterprise to support a sudden surge in demand to support a contingency.
(5) An evaluation of the capacity of the munitions enterprise to withstand intentional disruption during a conflict.
(c) REPORT AND BRIEFINGS.—The Secretary shall—
(1) submit to the congressional defense committees a report
on the results of assessment conducted under this section by
not later than December 31, 2021; and
(2) provide for such committees interim briefings on such
assessment upon request.
(d) POINT OF FAILURE.—In this section, the term ‘‘point of
failure’’ means, with respect to the munitions enterprise, an aspect
of the enterprise, that, if it were to fail or be significantly negatively
impacted would cause the portion of the enterprise it supports
to either fail or be significantly negatively impacted.

Deadline.
Contracts.

Evaluations.

Recommendations.

Definition.

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SEC. 354. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT
OF DEFENSE MUNITIONS ENTERPRISE.

(a) REPORT REQUIRED.—The Secretary shall include with the
Department of Defense materials submitted to Congress with the
budget of the President for each of fiscal years 2022 through 2025
(as submitted to Congress pursuant to section 1105 of title 31,
United States Code), a report on safety waivers provided in the
Department of Defense munitions enterprise. Each such report shall

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List.
Exemptions.
Certifications.

Summary.
Time period.

List.

List.
Summary.

PUBLIC LAW 116–283—JAN. 1, 2021

include each of the following for the year covered by the report
and each of the preceding 3 years:
(1) A list of each waiver, exemption, and secretarial exemption or certification provided with respect to any Department
of Defense munitions safety standard.
(2) For each such waiver, exemption, or certification provided—
(A) the location where the waiver, exemption, or certification was provided;
(B) a summary of the justification used for providing
the waiver, exemption, or certification;
(C) the time period during which the waiver, exemption, or certification applies and the number of times such
a waiver, exemption, or certification has been provided
at that location; and
(D) a list of all safety-related mishaps that occurred
at locations where waivers, exemptions, or certifications
were in place, and for each such mishap, whether or not
a subsequent investigation determined the waiver, exemption, or certification was related or may have been related
to the mishap.
(3) A list and summary of all class A through class E
mishaps related to the construction, storage, transportation,
usage, and demilitarization of munitions.
(4) Any mitigation efforts in place at any location where
a waiver, exemption, or certification has been provided or where
a safety-related mishap has occurred.
(5) Such other matters as the Secretary determines appropriate.
(b) MUNITIONS DEFINED.—In this section, the term ‘‘munitions’’
includes ammunition, explosives, and chemical agents.

Subtitle E—Other Matters
10 USC 771 note
prec.

SEC. 361. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED UNIFORM ITEMS.

Coordination.

(a) PILOT PROGRAM.—The Director of the Defense Logistics
Agency, in coordination with the Secretaries concerned, shall carry
out a pilot program for issuing maternity-related uniform items
to pregnant members of the Armed Forces, on a temporary basis
and at no cost to such member. In carrying out the pilot program,
the Director shall take the following actions:
(1) The Director shall maintain a stock of each type of
maternity-related uniform item determined necessary by the
Secretary concerned, including service uniforms items, utility
uniform items, and other items relating to the command and
duty assignment of the member requiring issuance.
(2) The Director shall ensure that such items have not
been treated with the chemical permethrin.
(3) The Director, in coordination with the Secretary concerned, shall determine a standard number of maternity-related
uniform items that may be issued per member.
(4) The Secretary concerned shall ensure that any member
receiving a maternity-related uniform item returns such item
to the relevant office established under paragraph (1) on the

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Coordination.
Determination.

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date on which the Secretary concerned determines the member
no longer requires such item.
(5) The Secretary concerned shall inspect, process, repair,
clean, and re-stock items returned by a member pursuant to
paragraph (4) for re-issuance from such relevant office.
(6) The Director, in coordination with the Secretaries concerned, may issue such guidance and regulations as necessary
to carry out the pilot program.
(b) TERMINATION.—No maternity-related uniform items may
be issued to a member of the Armed Forces under the pilot program
after September 30, 2026.
(c) REPORT.—Not later than September 30, 2025, the Director
of the Defense Logistics Agency, in coordination with the Secretaries
concerned, shall submit to the congressional defense committees
a report on the pilot program. Such report shall include each
of the following:
(1) For each year during which the pilot program was
carried out, the number of members of the Armed Forces who
received a maternity-related uniform item under the pilot program.
(2) An overview of the costs associated with, and any
savings realized by, the pilot program, including a comparison
of the cost of maintaining a stock of maternity-related uniform
items for issuance under the pilot program versus the cost
of providing allowances to members for purchasing such items.
(3) A recommendation on whether the pilot program should
be extended after the date of termination under subsection
(b) and whether legislation is necessary for such extension.
(4) Any other matters that the Secretary of Defense determines appropriate.
SEC. 362. SERVICEWOMEN’S COMMEMORATIVE PARTNERSHIPS.

(a) IN GENERAL.—The Secretary of the Army may enter into
a contract, partnership, or grant with a non-profit organization
for the purpose of providing financial support for the maintenance
and sustainment of infrastructure and facilities at military service
memorials and museums that highlight the role of women in the
military. Such a contract, partnership, or grant shall be referred
to as a ‘‘Servicewomen’s Commemorative Partnership’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated for fiscal year 2021, as identified
in division D of this Act, $3,000,000 shall be available for Servicewomen’s Commemorative Partnerships under subsection (a).

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SEC. 363. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION.

Coordination.
Regulations.

Coordination.

Cost overview.

Recommendations.

10 USC 7771
note prec.
Contracts.
Grants.

6 USC 105.

(a) ANNUAL ANALYSIS.—For each fiscal year, beginning in fiscal
year 2023, the Director of the Office of Management and Budget,
in consultation with the Secretary of Health and Human Services
shall—
(1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) DEFINITION OF BIODEFENSE.—In accordance with the
National Biodefense Strategy, the Director shall develop and
disseminate to all Federal departments and agencies a unified
definition of the term ‘‘biodefense’’ to identify which programs and
activities are included in the annual budget submission required
under subsection (a).

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Consultation.

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(c) REQUIREMENTS FOR ANALYSIS.—The analysis required under
subsection (a) shall include—
(1) the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, such as threat
awareness, prevention, deterrence, preparedness, surveillance
and detection, response, attribution (including bioforensic
capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity
included aligns with biodefense goals and objectives as part
of the National Biodefense Strategy required under section
1086 of the National Defense Authorization Act for Fiscal Year
2017 (6 U.S.C. 104).
(d) SUBMITTAL TO CONGRESS.—The Director, in consultation
with the Secretary of Health and Human Services, shall submit
to Congress the analysis required under subsection (a) for a fiscal
year concurrently with the President’s annual budget request for
that fiscal year.

6 USC 106.

SEC. 364. UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION
PLAN.

Consultation.

(a) IN GENERAL.—The Secretaries of Health and Human Services, Defense, Agriculture, Homeland Security, and all other Departments and agencies with responsibilities for biodefense, such as
the Department of State, in consultation with the Assistant to
the President for National Security Affairs and the Director of
the Office of Management and Budget, as appropriate, shall jointly,
after reviewing the biodefense threat assessment described in subsection (d) and any relevant input from external stakeholders, as
appropriate, update the National Biodefense Implementation Plan
developed under section 1086 of the National Defense Authorization
Act for Fiscal Year 2017 (6 U.S.C. 104) to clearly document established processes, roles, and responsibilities related to the National
Biodefense Strategy.
(b) SPECIFIC UPDATES.—The updated National Biodefense
Implementation Plan shall—
(1) describe the roles and responsibilities of the Federal
departments and agencies, including internal and external
coordination procedures, in identifying and sharing information
between and among Federal departments and agencies, as
described in section 1086(b)(4) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104(b)(4))
and consistent with the statutory roles and authorities of such
departments and agencies;
(2) describe roles, responsibilities, and processes for
decisionmaking, including decisions regarding use of resources
for effective risk management across the enterprise;
(3) describe resource plans for each department and agency
with responsibility for biodefense to support implementation
of the strategy within the jurisdiction of such department or
agency, including for the Biodefense Coordination Team, as
appropriate;
(4) describe guidance and methods for analyzing the data
collected from agencies to include non-Federal resources and
capabilities to the extent practicable; and
(5)
describe
and
update,
as
appropriate,
short-, medium-, and long-term goals for executing the National

Procedures.

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134 STAT. 3549

Biodefense Strategy and metrics for meeting each objective
of the Strategy.
(c) SUBMITTAL TO CONGRESS.—The Secretary of Health and
Human Services, the Secretary of Defense, the Secretary of Agriculture, and the Secretary of Homeland Security shall, not later
than 6 months after the date of the completion of the assessment
in subsection (d)(1)(A), submit the updated Implementation Plan
to the appropriate congressional committees.
(d) UPDATED BIODEFENSE THREAT ASSESSMENT.—
(1) IN GENERAL.—The Secretaries of Health and Human
Services, Defense, Agriculture, and Homeland Security, shall
jointly, and in consultation with the Director of National Intelligence, and other agency heads as appropriate—
(A) conduct an assessment of current and potential
biological threats against the United States, both naturally
occurring and man-made, either accidental or deliberate,
including the potential for catastrophic biological threats,
such as a pandemic;
(B) not later than 1 year after the date of enactment
of this section, submit the findings of the assessment conducted under subparagraph (A) to the Federal officials
described in subsection (d)(1)and the appropriate congressional committees described in subsection (e);
(C) not later than 30 days after the date on which
the assessment is submitted under subparagraph (B), conduct a briefing for the appropriate congressional committees on the findings of the assessment;
(D) update the assessment under subparagraph (A)
biennially, as appropriate, and provide the findings of such
updated assessments to the Federal officials described in
subsection (d)(1) and the appropriate congressional committees; and
(E) conduct briefings for the appropriate congressional
committees as needed any time an assessment under this
paragraph is updated.
(2) CLASSIFICATION AND FORMAT.—Assessments under paragraph (1) shall be submitted in an unclassified format and
include a classified annex, as appropriate.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The Committees on Armed Services of the House of
Representatives and the Senate.
(2) The Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(5) The Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.

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Deadline.

Consultation.

Deadline.

Deadline.
Briefing.

Time period.

Briefings.

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(6) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
the Senate.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to alter, limit, or duplicate the roles, responsibilities,
authorities, or current activities, as established in statute or otherwise through existing practice or policy, of each Federal department
or agency with responsibilities for biodefense or otherwise relevant
to implementation of the National Biodefense Strategy.
SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING
FOR MILITARY INSTALLATIONS.
Deadlines.

Costs.

Recommendations.

Procedures.

Summary.

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Deadline.

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(a) PLANS.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
ensure that each military installation under the jurisdiction
of the Secretary that does not conduct live emergency response
training on an annual basis or more frequently with the civilian
law enforcement and emergency response agencies responsible
for responding to an emergency at the installation develops
a plan to conduct such training.
(2) ELEMENTS.—Each plan developed under paragraph (1)
with respect to an installation—
(A) shall include—
(i) the cost of implementing training described in
paragraph (1) at the installation;
(ii) a description of any obstacles to the
implementation of such training; and
(iii) recommendations for mitigating any such
obstacles; and
(B) shall be designed to ensure that the civilian law
enforcement and emergency response agencies described
in paragraph (1) are familiar with—
(i) the physical features of the installation,
including gates, buildings, armories, headquarters,
command and control centers, and medical facilities;
and
(ii) the emergency response personnel and procedures of the installation.
(3) SUBMITTAL OF PLANS.—
(A) SUBMITTAL TO SECRETARY.—Not later than 90 days
after the date of the enactment of this Act, the commander
of each military installation required to develop a plan
under paragraph (1) shall submit such plan to the Secretary
of Defense.
(B) SUBMITTAL TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a summary of
the plans submitted to the Secretary under subparagraph
(A).
(b) REPORTS ON TRAINING CONDUCTED.—
(1) LIST OF INSTALLATIONS.—Not later than March 1, 2021,
the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a list
of all military installations under the jurisdiction of the Secretary that conduct live emergency response training on an

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134 STAT. 3551

annual basis or more frequently with the civilian law enforcement and emergency response agencies responsible for
responding to an emergency at the installation.
(2) ANNUAL REPORTS.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, and annually thereafter,
the commander of each military installation under the
jurisdiction of the Secretary shall submit to the Secretary
a report on each live emergency response training conducted during the year covered by the report with the
civilian law enforcement and emergency response agencies
responsible for responding to an emergency at the installation.
(B) ELEMENTS.—Each report submitted under subparagraph (A) shall include, with respect to each training exercise, the following:
(i) The date and duration of the exercise.
(ii) A detailed description of the exercise.
(iii) An identification of all military and civilian
personnel who participated in the exercise.
(iv) Any recommendations resulting from the exercise.
(v) The actions taken, if any, to implement such
recommendations.
(C) INCLUSION IN ANNUAL BUDGET SUBMISSION.—
(i) IN GENERAL.—The Secretary shall include in
the budget submitted to Congress by the President
pursuant to section 1105(a) of title 31, United States
Code, a summary of any report submitted to the Secretary under subparagraph (A) during the one-year
period preceding the submittal of the budget.
(ii) CLASSIFIED FORM.—The summary submitted
under clause (i) may be submitted in classified form.
(D) SUNSET.—The requirement to submit annual
reports under subparagraph (A) shall terminate upon the
submittal of the budget described in subparagraph (C)(i)
for fiscal year 2024.

Recommendations.

Summary.

SEC. 366. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND
DOLLAR LIMITATION REQUIREMENTS FOR ADVANCE BILLINGS FOR CERTAIN BACKGROUND INVESTIGATIONS.

Section 2208(l) of title 10, United States Code, is amended—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph (4):
‘‘(4) This subsection shall not apply to advance billing for background investigation and related services performed by the Defense
Counterintelligence and Security Agency.’’.

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SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR
UNUSUAL COST OVERRUNS AND FOR CHANGES IN SCOPE
OF WORK.

Section 8683 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) TREATMENT OF AMOUNTS APPROPRIATED AFTER END OF
PERIOD OF OBLIGATION.—In the application of section 1553(c) of
title 31 to funds appropriated in the Operation and Maintenance,
Navy account that are available for ship overhaul, the Secretary

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134 STAT. 3552

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of the Navy may treat the limitation specified in paragraph (1)
of such section to be ‘$10,000,000’ rather than ‘$4,000,000’.’’.
Deadline.
10 USC 2672
note.

SEC. 368. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT
SECURITY AND EMERGENCY RESPONSE RECOMMENDATIONS RELATING TO ACTIVE SHOOTER OR TERRORIST
ATTACKS ON INSTALLATIONS OF DEPARTMENT OF
DEFENSE.

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Determination.

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(a) REQUIREMENT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall implement
the applicable security and emergency response recommendations
relating to active shooter or terrorist attacks on installations of
the Department of Defense made in the following reports:
(1) The report by the Government Accountability Office
dated July 2015 entitled, ‘‘Insider Threats: DOD Should
Improve Information Sharing and Oversight to Protect U.S.
Installations’’ (GAO–15–543).
(2) The report prepared by the Department of the Navy
relating to the Washington Navy Yard shooting in 2013.
(3) The report by the Department of the Army dated August
2010 entitled ‘‘Fort Hood, Army Internal Review Team: Final
Report’’.
(4) The independent review by the Department of Defense
dated January 2010 entitled ‘‘Protecting the Force: Lessons
from Fort Hood’’.
(5) The report by the Department of the Air Force dated
October 2010 entitled ‘‘Air Force Follow-On Review: Protecting
the Force: Lessons from Fort Hood’’.
(b) NOTIFICATION OF INAPPLICABLE RECOMMENDATIONS.—
(1) IN GENERAL.—If the Secretary determines that a recommendation described in subsection (a) is outdated, is no
longer applicable, or has been superseded by more recent separate guidance or recommendations set forth by the Government
Accountability Office, the Department of Defense, or another
entity in related contracted review, the Secretary shall notify
the Committees on Armed Services of the Senate and the
House of Representatives not later than 45 days after the
date of the enactment of this Act.
(2) IDENTIFICATION AND JUSTIFICATION.—The notification
under paragraph (1) shall include an identification, set forth
by report specified in subsection (a), of each recommendation
that the Secretary determines should not be implemented, with
a justification for each such determination.

10 USC 2251
note prec.

SEC. 369. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR
FOOD OR BEVERAGES PROVIDED BY THE DEPARTMENT
OF DEFENSE.

Federal Register,
publication.
Notice.
Public comment.

(a) IN GENERAL.—Before making any final rule, statement,
or determination regarding the limitation or prohibition of any
food or beverage ingredient in military food service, military medical
foods, commissary food, or commissary food service, the Secretary
of Defense shall publish in the Federal Register a notice of a
preliminary rule, statement, or determination (in this section
referred to as a ‘‘proposed action’’) and provide opportunity for
public comment.
(b) MATTERS TO BE INCLUDED.—The Secretary shall include
in any notice published under subsection (a) the following:
(1) The date of the notice.

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(2) Contact information for the appropriate office at the
Department of Defense.
(3) A summary of the notice.
(4) A date for comments to be submitted and specific
methods for submitting comments.
(5) A description of the substance of the proposed action.
(6) Findings and a statement of reasons supporting the
proposed action.
(c) WAIVER AUTHORITY.—
(1) MILITARY OPERATIONS AND EMERGENCY RESPONSE.—The
Secretary may waive subsections (a) and (b) if the Secretary
determines that such a waiver is necessary for military operations or for the response to a national emergency declared
by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.), a medical emergency, or a pandemic.
(2) PROTECTION OF HUMAN HEALTH.—The Secretary may
waive subsections (a) and (b) if the Food and Drug Administration, the Surgeon General of the United States, or the Surgeons
General of the Department of Defense makes a recall or prohibition determination due to certain ingredients being harmful
for human consumption.
(3) NOTIFICATION REQUIRED.—
(A) IN GENERAL.—The Secretary shall notify the
congressional defense committees not later than 60 days
after exercising waiver authority under paragraph (1).
(B) ELEMENTS.—The notification required under
subparagraph (A) shall include, with respect to each waiver,
the following elements:
(i) The date, time, and location of the issuance
of the waiver.
(ii) A detailed justification for the issuance of the
waiver.
(iii) An identification of the rule, statement, or
determination for which the Secretary issued the
waiver, including the proposed duration of such rule,
statement, or determination.

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Summary.

Determinations.

Deadline.

SEC. 370. COMMISSION ON THE NAMING OF ITEMS OF THE DEPARTMENT OF DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES OF AMERICA OR ANY PERSON WHO SERVED
VOLUNTARILY WITH THE CONFEDERATE STATES OF
AMERICA.

10 USC 113 note.

(a) REMOVAL.—Not later than three years after the date of
the enactment of this Act, the Secretary of Defense shall implement
the plan submitted by the commission described in paragraph (b)
and remove all names, symbols, displays, monuments, and paraphernalia that honor or commemorate the Confederate States of
America (commonly referred to as the ‘‘Confederacy’’) or any person
who served voluntarily with the Confederate States of America
from all assets of the Department of Defense.
(b) IN GENERAL.—The Secretary of Defense shall establish a
commission relating to assigning, modifying, or removing of names,
symbols, displays, monuments, and paraphernalia to assets of the
Department of Defense that commemorate the Confederate States
of America or any person who served voluntarily with the Confederate States of America.
(c) DUTIES.—The Commission shall—

Deadline.
Plan.

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Establishment.

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Appointments.

Deadline.

Deadline.

List.
Costs.

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Criteria.
Requirements.

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(1) assess the cost of renaming or removing names, symbols,
displays, monuments, or paraphernalia that commemorate the
Confederate States of America or any person who served voluntarily with the Confederate States of America;
(2) develop procedures and criteria to assess whether an
existing name, symbol, monument, display, or paraphernalia
commemorates the Confederate States of America or person
who served voluntarily with the Confederate States of America;
(3) recommend procedures for renaming assets of the
Department of Defense to prevent commemoration of the
Confederate States of America or any person who served voluntarily with the Confederate States of America;
(4) develop a plan to remove names, symbols, displays,
monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily
with the Confederate States of America from assets of the
Department of Defense, within the timeline established by this
Act; and
(5) include in the plan procedures and criteria for collecting
and incorporating local sensitivities associated with naming
or renaming of assets of the Department of Defense.
(d) MEMBERSHIP.—The Commission shall be composed of eight
members, of whom—
(1) four shall be appointed by the Secretary of Defense;
(2) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
(3) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(4) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives;
and
(5) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of Representatives.
(e) APPOINTMENT.—Members of the Commission shall be
appointed not later than 45 days after the date of the enactment
of this Act.
(f) INITIAL MEETING.—The Commission shall hold its initial
meeting on the date that is 60 days after the enactment of this
Act.
(g) BRIEFINGS AND REPORTS.—Not later than October 1, 2021,
the Commission shall brief the Committees on Armed Services
of the Senate and House of Representatives detailing the progress
of the requirements under subsection (c). Not later than October
1, 2022, and not later than 90 days before the implementation
of the plan in subsection (c)(4), the Commission shall present a
briefing and written report detailing the results of the requirements
under subsection (c), including:
(1) A list of assets to be removed or renamed.
(2) Costs associated with the removal or renaming of assets
in subsection (g)(1).
(3) Criteria and requirements used to nominate and rename
assets in subsection (g)(1).
(4) Methods of collecting and incorporating local sensitivities associated with the removal or renaming of assets in subsection (g)(1).
(h) FUNDING.—

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(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $2,000,000 to carry out this section.
(2) OFFSET.—The amount authorized to be appropriated
by the Act for fiscal year 2021 for Operations and Maintenance,
Army, sub activity group 434 - other personnel support is
hereby reduced by $2,000,000.
(i) ASSETS DEFINED.—In this section, the term ‘‘assets’’ includes
any base, installation, street, building, facility, aircraft, ship, plane,
weapon, equipment, or any other property owned or controlled
by the Department of Defense.
(j) EXEMPTION FOR GRAVE MARKERS.—Shall not cover monuments but shall exempt grave markers. Congress expects the
commission to further define what constitutes a grave marker.

TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum levels.
Sec. 403. Modification of the authorized number and accounting method for senior
enlisted personnel.
Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for Reserves on active duty in support of the Reserves.
End strengths for military technicians (dual status).
Maximum number of reserve personnel authorized to be on active duty
for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths for nontemporary military technicians (dual status) and end strengths for temporary military technicians (dual status).
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.

Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.

Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2021, as follows:
(1) The Army, 485,900.
(2) The Navy, 347,800.
(3) The Marine Corps, 181,200.
(4) The Air Force, 333,475.

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SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.

(a) IN GENERAL.—Section 691 of title 10, United States Code,
is amended—
(1) in the heading, by striking ‘‘two major regional
contingencies’’ and inserting ‘‘the National Defense
Strategy’’;
(2) in subsection (a)—
(A) by striking ‘‘a national defense strategy calling
for’’ and inserting ‘‘the national defense strategy of’’; and
(B) by striking ‘‘to be able to successfully conduct two
nearly simultaneous major regional contingencies’’;

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10 USC 671 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(3) in subsection (b), by striking paragraphs (1) through
(4) and inserting the following new paragraphs:
‘‘(1) For the Army, 485,900.
‘‘(2) For the Navy, 347,800.
‘‘(3) For the Marine Corps, 181,200.
‘‘(4) For the Air Force, 333,475.’’; and
(4) in subsection (e)—
(A) by inserting ‘‘or the Secretary concerned’’ after
‘‘Secretary of Defense’’; and
(B) by striking ‘‘reduce a number specified in subsection
(b) by not more than 2 percent’’ and inserting ‘‘vary a
number specified in subsection (b) in accordance with section 115 of this title’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 39 of such title is amended by striking the item
relating to section 691 and inserting the following:
‘‘691. Permanent end strength levels to support the National Defense Strategy’’.
SEC.

10 USC 501 prec.

403.

MODIFICATION OF THE AUTHORIZED NUMBER AND
ACCOUNTING METHOD FOR SENIOR ENLISTED PERSONNEL.

(a) IN GENERAL.—Section 517 of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘daily average’’
and inserting ‘‘enlisted end strength’’;
(2) in subsection (a)—
(A) by striking ‘‘daily average number of’’ and inserting
‘‘end strength for’’;
(B) by striking ‘‘in a fiscal year’’ and inserting ‘‘as
of the last day of a fiscal year’’;
(C) by striking ‘‘2.5 percent’’ and inserting ‘‘3.0 percent’’; and
(D) by striking ‘‘on the first day of that fiscal year’’;
and
(3) by striking subsection (b).
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 31 of such title is amended by striking the item
relating to section 517 and inserting the following new item:
‘‘517. Authorized enlisted end strength: members in pay grades E–8 and E–9.’’.

Subtitle B—Reserve Forces

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SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized

strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2021, as follows:
(1) The Army National Guard of the United States, 336,500.
(2) The Army Reserve, 189,800.
(3) The Navy Reserve, 58,800.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 108,100.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve component
shall be proportionately reduced by—

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(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of such
reserve component shall be increased proportionately by the total
authorized strengths of such units and by the total number of
such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2021, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,215.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 5,256.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

(a) IN GENERAL.—The minimum number of military technicians
(dual status) as of the last day of fiscal year 2021 for the reserve
components of the Army and the Air Force (notwithstanding section
129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,947.
(b) LIMITATION.—Under no circumstances may a military
technician (dual status) employed under the authority of this section
be coerced by a State into accepting an offer of realignment or
conversion to any other military status, including as a member
of the Active, Guard, and Reserve program of a reserve component.
If a military technician (dual status) declines to participate in
such realignment or conversion, no further action will be taken
against the individual or the individual’s position.

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SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2021, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:

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(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.

SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END
STRENGTHS FOR NON-TEMPORARY MILITARY TECHNICIANS (DUAL STATUS) AND END STRENGTHS FOR TEMPORARY MILITARY TECHNICIANS (DUAL STATUS).

Applicability.
10 USC 115 note.
Applicability.

(a) IN GENERAL.—Section 115(d) of title 10, United States Code,
is amended—
(1) in the first sentence, by striking ‘‘the end strength
for military technicians (dual status)’’ and inserting ‘‘both the
minimum end strength for non-temporary military technicians
(dual status) and the end strength for temporary military
technicians (dual status)’’; and
(2) in the third sentence, by striking ‘‘the end strength
requested for military technicians (dual status)’’ and inserting
‘‘the minimum end strength for non-temporary military technicians (dual status), and the end strength for temporary military
technicians (dual status), requested’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the day after the date of the enactment
of this Act. The amendment made by subsection (a)(2) shall apply
with respect to budgets submitted by the President to Congress
under section 1105 of title 31, United States Code, after such
effective date.

Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2021 for the use
of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for
fiscal year 2021.

TITLE V—MILITARY PERSONNEL
POLICY

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Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths of general and flag officers on active duty.
Sec. 502. Temporary expansion of availability of enhanced constructive service
credit in a particular career field upon original appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of higher
placement on promotion list of officers of particular merit.

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Sec. 505. Special selection review boards for review of promotion of officers subject
to adverse information identified after recommendation for promotion
and related matters.
Sec. 506. Number of opportunities for consideration for promotion under alternative
promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired grade of
commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy officers designated for engineering duty, aeronautical engineering duty, and special
duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral–21 program.
Subtitle B—Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in high-demand, low-density assignments during war or national emergency.
Sec. 512. Expansion of Junior Reserve Officers’ Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve Officers’ Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the reserve components.
Sec. 515. Modification of education loan repayment program for members of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency travel or duty restrictions in computations of entitlement to and amounts of retired pay
for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who perform
certain service in response to the COVID–19 emergency.
Sec. 518. Direct employment pilot program for certain members of the reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and CSPI programs at Historically Black Colleges and Universities and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to the
COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States responding to
major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by the National Guard.
Sec. 519D. Study and report on ROTC recruitment.

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Subtitle C—General Service Authorities and Correction of Military Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records furnished to
promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on sexual
orientation.
Subtitle D—Prevention and Response To Sexual Assault, Harassment, and Related
Misconduct
Sec. 531. Modification of time required for expedited decisions in connection with
applications for change of station or unit transfer of members who are
victims of sexual assault or related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory Committee for
the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among duties
of Defense Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged victims and
alleged perpetrators in incidents of sexual assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.

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Sec. 539B. Accountability of leadership of the Department of Defense for discharging the sexual harassment policies and programs of the Department.
Sec. 539C. Reports on status of investigations of alleged sex-related offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and Sexual
Assault Prevention and Response Victim Advocates to perform duties.
Sec. 539E. Briefing on Special Victims’ Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code of Military
Justice regarding certain post-trial motions, filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal Background Check
System.
Sec. 545. Removal of personally identifying and other information of certain persons from investigative reports, the Department of Defense Central
Index of Investigations, and other records and databases.
Sec. 546. Briefing on mental health support for vicarious trauma for certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on implementation by
the Armed Forces of recent GAO recommendations and statutory requirements on assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 548. Legal assistance for veterans and surviving spouses and dependents.
Sec. 549. Clarification of termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness or die while in
military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and response to incidents of child abuse, adult crimes against children, and serious harmful behavior between children and youth involving military dependents
on military installations.
Sec. 549C. Independent analysis and recommendations on domestic violence in the
Armed Forces.
Subtitle F—Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related matters.
Sec. 552. National emergency exception for timing requirements with respect to
certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in Department of
Defense; supremacist, extremist, or criminal gang activity in the Armed
Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for members of
the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain units of the
Armed Forces.
Sec. 558. Comptroller General of the United States report on equal opportunity at
the military service academies.

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Subtitle G—Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for radiation-exposed
veterans.
Sec. 564. Expressing support for the designation of Silver Star Service Banner Day.
Subtitle H—Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United States Air
Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the Ready, Relevant Learning initiative of the Navy.

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Sec. 575. Information on nominations and applications for military service academies.
Sec. 576. Report on potential improvements to certain military educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line programs of
the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications to civilian
occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service officers.
Subtitle I—Military Family Readiness and Dependents’ Education
Sec. 581. Family readiness: definitions; communication strategy; review; report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and immediate
family members.
Sec. 584. Responsibility for allocation of certain funds for military child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement Account
program.
Sec. 587. Improvements to partner criteria of the Military Spouse Employment
Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of the Armed
Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at domestic dependent
elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of the
Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students with special needs.
Sec. 589H. Studies and reports on the performance of the Department of Defense
Education Activity.

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Subtitle J—Other Matters and Reports
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of Defense
STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance Disposal
Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special purpose adjunct
to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the assessment
of the effectiveness of activities of the Federal Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of other
Armed Forces when members of the Armed Force of the deceased are
unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on members
of the Armed Forces and best practices to prevent future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the Comprehensive Review of Special Operations Forces Culture and Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II veterans
on national security, foreign policy, and economic and humanitarian interests of the United States.

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Subtitle A—Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS
ON ACTIVE DUTY.

Time periods.

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Study.

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(a) EXCLUSION OF CERTAIN GENERAL AND FLAG OFFICERS OF
RESERVE COMPONENTS ON ACTIVE DUTY FROM STRENGTH LIMITATIONS.—Section 526a of title 10, United States Code, is amended—
(1) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
‘‘(c) EXCLUSION OF CERTAIN OFFICERS OF RESERVE COMPONENTS.—The limitations of this section do not apply to the following:
‘‘(1) A general or flag officer of a reserve component who
is on active duty—
‘‘(A) for training; or
‘‘(B) under a call or order specifying a period of less
than 180 days.
‘‘(2)(A) A general or flag officer of a reserve component
who is authorized by the Secretary of the military department
concerned to serve on active duty for a period of at least
180 days and not longer than 365 days.
‘‘(B) The Secretary of the military department concerned
may authorize a number, determined under subparagraph (C),
of officers in the reserve component of each armed force under
the jurisdiction of that Secretary to serve as described in
subparagraph (A).
‘‘(C) Each number described in subparagraph (B) may not
exceed 10 percent of the number of general or flag officers,
as the case may be, authorized to serve in the armed force
concerned under section 12004 of this title. In determining
a number under this subparagraph, any fraction shall be
rounded down to the next whole number that is greater than
zero.
‘‘(3)(A) A general or flag officer of a reserve component
who is on active duty for a period longer than 365 days and
not longer than three years.
‘‘(B) The number of officers described in subparagraph (A)
who do not serve in a position that is a joint duty assignment
for purposes of chapter 38 of this title may not exceed five
per armed force, unless authorized by the Secretary of
Defense.’’.
(b) ALLOCATION OF BILLETS AND POSITIONS AMONG THE ARMED
FORCES AND FOR JOINT DUTY ASSIGNMENTS.—
(1) REPORT REQUIRED.—Not later than May 1, 2021, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the results of a study, conducted by the Secretary
for purposes of the report, on the following:
(A) The allocation among the Armed Forces of billets
and positions for general and flag officers on active duty.
(B) The allocation for joint duty assignments of billets
and positions for general and flag officers on active duty.
(2) CONSULTATION.—The Secretary of Defense shall carry
out paragraph (1) in the consultation with the Secretaries of

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the military departments and the Chairman of the Joint Chiefs
of Staff.
(3) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A final plan to meet the authorized strengths of
general and flag officers on active duty after December,
31, 2022, as required by section 526a of title 10, United
States Code, which plan shall set forth the intended disposition of each billet or position for general or flag officer
in effect as of the date of the enactment of this Act in
order to meet the objectives of the plan.
(B) A recommendation by the Secretary of Defense
as to the appropriate grade level or levels for the billet
or position of commander of a component command within
a combatant command.
(C) A recommendation by the Chairman of the Joint
Chief of Staff as to whether the billet or position of commander of a component command within a combatant command should be considered a joint duty assignment for
purposes of section 526(b) or 526a(b) of title 10, United
States Code.
(D) A recommendation by the Secretary of Defense
as to the allocation of billets and positions for general
and flag officers on active duty among the Armed Forces
within the aggregate limitation specified in section 526a(a)
of title 10, United States Code, including the allocation
of such billets and positions within the Space Force.
(E) Such other matters as the Secretary of Defense
considers appropriate.
(c) INCREASE IN ARMY AUTHORIZATION FOR GENERAL OFFICERS
SERVING IN GRADE O–10.—
(1) INCREASE.—Section 525(a)(1)(A) of title 10, United
States Code, is amended by striking ‘‘7’’ and inserting ‘‘8’’.
(2) CONFORMING DECREASE IN STRENGTH LIMITATIONS FOR
JOINT DUTY REQUIREMENTS.—Section 526(b)(3)(A) of such title
is amended by striking ‘‘20’’ and inserting ‘‘19’’.
(3) CONSTRUCTION OF DECREASE AS APPLYING TO GENERALS.—The reduction in number of positions excluded from
authorized strength limitations resulting from the amendment
made by paragraph (2) shall apply to positions in the grade
of general.

Recommendations.
Plan.

10 USC 526 note.

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SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED
CONSTRUCTIVE SERVICE CREDIT IN A PARTICULAR
CAREER FIELD UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.

(a) REGULAR OFFICERS.—Subparagraph (D) of section 533(b)(1)
of title 10, United States Code, is amended to read as follows:
‘‘(D) Additional credit as follows:
‘‘(i) For special training or experience in a particular
officer field as designated by the Secretary concerned, if
such training or experience is directly related to the operational needs of the armed force concerned.
‘‘(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated, if
such education is directly related to the operational needs
of the armed force concerned.’’.

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Time period.

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10 USC 533 note.
Time period.

Assessment.

PUBLIC LAW 116–283—JAN. 1, 2021

(b) RESERVE OFFICERS.—Section 12207(b)(1) of such title is
amended—
(1) in the matter preceding subparagraph (A), ‘‘or a designation in’’ and all that follows through ‘‘education or training,’’
and inserting ‘‘and who has special training or experience,
or advanced education (if applicable),’’; and
(2) by striking subparagraph (D) and inserting the following
new subparagraph (D):
‘‘(D) Additional credit as follows:
‘‘(i) For special training or experience in a particular
officer field as designated by the Secretary concerned, if
such training or experience is directly related to the operational needs of the armed force concerned.
‘‘(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated, if
such education is directly related to the operational needs
of the armed force concerned.’’.
(c) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than February 1, 2022, and
every four years thereafter, each Secretary of a military department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
use of the authorities in subparagraph (D) of section 553(b)(1)
of title 10, United States Code (as amended by subsection
(a)), and subparagraph (D) of section 12207(b)(1) of such title
(as amended by subsection (b)) (each referred to in this subsection as a ‘‘constructive credit authority’’) during the preceding fiscal year for the Armed Forces under the jurisdiction
of such Secretary.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, for the fiscal year and Armed Forces covered by such
report, the following:
(A) The manner in which constructive service credit
was calculated under each constructive credit authority.
(B) The number of officers credited constructive service
credit under each constructive credit authority.
(C) A description and assessment of the utility of the
constructive credit authorities in meeting the operational
needs of the Armed Force concerned.
(D) Such other matters in connection with the constructive credit authorities as the Secretary of the military
department concerned considers appropriate.

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SEC. 503. DIVERSITY IN SELECTION BOARDS.

(a) REQUIREMENT FOR DIVERSE MEMBERSHIP OF ACTIVE DUTY
PROMOTION SELECTION BOARDS.—
(1) OFFICERS.—Section 612(a)(1) of title 10, United States
Code, is amended by adding at the end the following new
sentence: ‘‘The members of a selection board shall represent
the diverse population of the armed force concerned to the
extent practicable.’’.
(2) WARRANT OFFICERS.—Section 573(b) of title 10, United
States Code, is amended by adding at the end the following
new sentence: ‘‘The members of a selection board shall represent the diverse population of the armed force concerned
to the extent practicable.’’.

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134 STAT. 3565

(b) REQUIREMENT FOR DIVERSE MEMBERSHIP OF RESERVE
COMPONENT PROMOTION SELECTION BOARDS.—Section 14102(b) of
title 10, United States Code, is amended by adding at the end
the following new sentence: ‘‘The members of a selection board
shall represent the diverse population of the armed force concerned
to the extent practicable.’’.
(c) OTHER SELECTION BOARDS.—
(1) IN GENERAL.—The Secretary of Defense shall ensure
that the members of each selection board described in paragraph (2) represent the diverse population of the Armed Force
concerned to the extent practicable.
(2) SELECTION BOARD DESCRIBED.—A selection board
described in this paragraph (1) is any selection board used
with respect to the promotion, education, or command assignments of members of the Armed Forces that is not covered
by the amendments made by this section.

10 USC 573 note.

SEC. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION OF HIGHER PLACEMENT ON PROMOTION
LIST OF OFFICERS OF PARTICULAR MERIT.

(a) IN GENERAL.—Section 616(h) of title 10, United States Code,
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and
(B) by inserting ‘‘pursuant to guidelines and procedures
prescribed by the Secretary,’’ after ‘‘officers of particular
merit,’’; and
(2) in paragraph (3), by inserting ‘‘, pursuant to guidelines
and procedures prescribed by the Secretary concerned,’’ after
‘‘shall recommend’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date of the enactment of this Act,
and shall apply with respect to officers recommended for promotion
by promotion selection boards convened on or after that date.

Applicability.
10 USC 616 note.

SEC. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION OF OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER RECOMMENDATION FOR PROMOTION AND RELATED MATTERS.

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(a) REGULAR OFFICERS.—
(1) IN GENERAL.—Subchapter III of chapter 36 of title 10,
United States Code, is amended by inserting after section 628
the following new section:
‘‘§ 628a. Special selection review boards
‘‘(a) IN GENERAL.—(1) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of
major general, rear admiral in the Navy, or an equivalent grade
in the Space Force is the subject of credible information of an
adverse nature, including any substantiated adverse finding or
conclusion described in section 615(a)(3)(A) of this title, that was
not furnished to the promotion board during its consideration of
the person for promotion as otherwise required by such section,
the Secretary shall convene a special selection review board under
this section to review the person and recommend whether the
recommendation for promotion of the person should be sustained.

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10 USC 625a.
Determination.
Recommendations.

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Classified
information.
Summary.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(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

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3567

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

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Waiver authority.

Records.

Records.

Determination.

Certification.

Applicability.

PUBL283

134 STAT. 3568

President.

Applicability.
Approval.

10 USC 627 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

apply to the report and proceedings of a promotion board convened
under section 611(a) of this title.
‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report of a special
selection review board convened under this section recommends
the sustainment of the recommendation for promotion to the next
higher grade of a person whose name was referred to it for review
under this section, and the President approves the report, the
person shall, as soon as practicable, be appointed to that grade
in accordance with subsections (b) and (c) of section 624 of this
title.
‘‘(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have
the same date of rank, the same effective date for the pay and
allowances of that grade, and the same position on the activeduty list as the person would have had pursuant to the original
recommendation for promotion of the promotion board concerned.
‘‘(g) REGULATIONS.—(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly across the military departments.
‘‘(2) Any regulation prescribed by the Secretary of a military
department to supplement the regulations prescribed pursuant to
paragraph (1) may not take effect without the approval of the
Secretary of Defense, in writing.
‘‘(h) PROMOTION BOARD DEFINED.—In this section, the term
‘promotion board ’means a selection board convened by the Secretary
of a military department under section 611(a) of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 36 of such title is
amended by inserting after the item relating to section 628
the following new item:
‘‘628a. Special selection review boards.’’.

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Determination.

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(3) DELAY IN PROMOTION.—Section 624(d) of such title is
amended—
(A) in paragraph (1)—
(i) in subparagraph (D), by striking ‘‘or’’ at the
end;
(ii) in subparagraph (E), by striking the period
at the end and inserting ‘‘; or’’; and
(iii) by inserting after subparagraph (E) the following new subparagraph (F):
‘‘(F) the Secretary of the military department concerned
determines that credible information of an adverse nature,
including a substantiated adverse finding or conclusion
described in section 615(a)(3)(A) of this title, with respect to
the officer will result in the convening of a special selection
review board under section 628a of this title to review the
officer and recommend whether the recommendation for promotion of the officer should be sustained.’’;
(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion
is sustained, authorities for the promotion of the officer are specified
in section 628a(f) of this title.’’; and

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134 STAT. 3569

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(D) in paragraph (4), as redesignated by subparagraph
(B)—
(i) by striking ‘‘The appointment’’ and inserting
‘‘(A) Except as provided in subparagraph (B), the
appointment’’; and
(ii) by adding at the end the following new
subparagraph:
‘‘(B) In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F), requirements applicable to notice and
opportunity for response to such delay are specified in section
628a(c)(3) of this title.’’.
(b) RESERVE OFFICERS.—
(1) IN GENERAL.—Chapter 1407 of title 10, United States
Code, is amended by inserting after section 14502 the following
new section:
‘‘§ 14502a. Special selection review boards
‘‘(a) IN GENERAL.—(1) If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of
major general or rear admiral in the Navy is the subject of credible
information of an adverse nature, including any substantiated
adverse finding or conclusion described in section 14107(a)(3)(A)
of this title, that was not furnished to the promotion board during
its consideration of the person for promotion as otherwise required
by such section, the Secretary shall convene a special selection
review board under this section to review the person and recommend whether the recommendation for promotion of the person
should be sustained.
‘‘(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person—
‘‘(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
‘‘(B) shall not be forwarded to the Secretary of Defense,
the President, or the Senate, as applicable, or included on
a promotion list under section 14308(a) of this title.
‘‘(b) CONVENING.—(1) Any special selection review board convened under this section shall be convened in accordance with
the provisions of section 14502(b)(2) of this title.
‘‘(2) Any special selection review board convened under this
section may review such number of persons, and recommendations
for promotion of such persons, as the Secretary of the military
department concerned shall specify in convening such special selection review board.
‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a person and
recommending whether the recommendation for promotion of the
person should be sustained under this section, a special selection
review board convened under this section shall be furnished and
consider the following:
‘‘(A) The record and information concerning the person
furnished in accordance with section 14107(a)(2) of this title
to the promotion board that recommended the person for promotion.
‘‘(B) Any credible information of an adverse nature on
the person, including any substantiated adverse finding or

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10 USC 14502a.
Determination.
Recommendations.

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134 STAT. 3570

Classified
information.
Summary.

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Waiver authority.

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PUBLIC LAW 116–283—JAN. 1, 2021

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

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3571

standards used by the promotion board that recommended the
person for promotion.
‘‘(4) The recommendation for promotion of a person may be
sustained under this section only if the special selection review
board determines that the person—
‘‘(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the promotion board concerned; and
‘‘(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
‘‘(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members
of the special selection review board.
‘‘(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the
person shall be considered to have failed of selection for promotion.
‘‘(e) REPORTS.—(1) Each special selection review board convened
under this section shall submit to the Secretary of the military
department concerned a written report, signed by each member
of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and
certifying that the board has carefully considered the record and
information of each person whose name was referred to it.
‘‘(2) The provisions of sections 14109(c), 14110, and 14111 of
this title apply to the report and proceedings of a special selection
review board convened under this section in the same manner
as they apply to the report and proceedings of a promotion board
convened under section 14101(a) of this title.
‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report of a special
selection review board convened under this section recommends
the sustainment of the recommendation for promotion to the next
higher grade of a person whose name was referred to it for review
under this section, and the President approves the report, the
person shall, as soon as practicable, be appointed to that grade
in accordance with section 14308 of this title.
‘‘(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have
the same date of rank, the same effective date for the pay and
allowances of that grade, and the same position on the reserve
active-status list as the person would have had pursuant to the
original recommendation for promotion of the promotion board concerned.
‘‘(g) REGULATIONS.—(1) The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly across the military departments.
‘‘(2) Any regulation prescribed by the Secretary of a military
department to supplement the regulations prescribed pursuant to
paragraph (1) may not take effect without the approval of the
Secretary of Defense, in writing.
‘‘(h) PROMOTION BOARD DEFINED.—In this section, the term
‘promotion board ’means a selection board convened by the Secretary
of a military department under section 14101(a) of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 1407 of such title is amended by inserting

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Determination.

Certification.

Applicability.

President.

Applicability.
Approval.

10 USC 14501
prec.

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PUBLIC LAW 116–283—JAN. 1, 2021
after the item relating to section 14502 the following new
item:

‘‘14502a. Special selection review boards.’’.

Determination.

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10 USC 615 note.

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(3) DELAY IN PROMOTION.—Section 14311 of such title is
amended—
(A) in subsection (a)—
(i) in paragraph (1), by adding at the end the
following new subparagraph:
‘‘(F) The Secretary of the military department concerned
determines that credible information of adverse nature,
including a substantiated adverse finding or conclusion
described in section 14107(a)(3)(A) of this title, with respect
to the officer will result in the convening of a special selection
review board under section 14502a of this title to review the
officer and recommend whether the recommendation for promotion of the officer should be sustained.’’; and
(ii) by adding at the end the following new paragraph:
‘‘(3) In the case of an officer whose promotion is delayed pursuant to paragraph (1)(F) and whose recommendation for promotion
is sustained, authorities for the promotion of the officer are specified
in section 14502a(f) of this title.’’; and
(B) in subsection (c), by adding at the end the following
new paragraph:
‘‘(3) Notwithstanding paragraphs (1) and (2), in the case of
an officer whose promotion is delayed pursuant to subsection
(a)(1)(F), requirements applicable to notice and opportunity for
response to such delay are specified in section 14502a(c)(3) of this
title.’’.
(c) REQUIREMENTS FOR FURNISHING ADVERSE INFORMATION ON
REGULAR OFFICERS TO PROMOTION SELECTION BOARDS.—
(1) EXTENSION OF REQUIREMENTS TO SPACE FORCE REGULAR
OFFICERS.—Subparagraph (B)(i) of section 615(a)(3) of title 10,
United States Code, is amended by striking ‘‘or, in the case
of the Navy, lieutenant’’ and inserting ‘‘, in the case of the
Navy, lieutenant, or in the case of the Space Force, the equivalent grade’’.
(2) SATISFACTION OF REQUIREMENTS THROUGH SPECIAL
SELECTION REVIEW BOARDS.—Such section is further amended
by adding at the end the following new subparagraph:
‘‘(D) With respect to the consideration of an officer for promotion
to a grade at or below major general, in the case of the Navy,
rear admiral, or, in the case of the Space Force, the equivalent
grade, the requirements in subparagraphs (A) and (C) may be
met through the convening and actions of a special selection review
board with respect to the officer under section 628a of this title.’’.
(3) DELAYED APPLICABILITY OF REQUIREMENTS TO BOARDS
FOR PROMOTION OF OFFICERS TO NON-GENERAL AND FLAG
OFFICER GRADES.—Subsection (c) of section 502 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1344) is amended to read as follows:
‘‘(c) EFFECTIVE DATE AND APPLICABILITY.—
‘‘(1) EFFECTIVE DATE.—The amendments made by this section shall take effect on December 20, 2019, and shall, except
as provided in paragraph (2), apply with respect to the proceedings of promotion selection boards convened under section
611(a) of title 10, United States Code, after that date.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3573

‘‘(2) DELAYED APPLICABILITY FOR BOARDS FOR PROMOTION
TO NON-GENERAL AND FLAG OFFICER GRADES.—The amendments
made this section shall apply with respect to the proceedings
of promotion selection boards convened under section 611(a)
of title 10, United States Code, for consideration of officers
for promotion to a grade below the grade of brigadier general
or, in the case of the Navy, rear admiral (lower half), only
if such boards are so convened after January 1, 2021.’’.
(d) REQUIREMENTS FOR FURNISHING ADVERSE INFORMATION ON
RESERVE OFFICERS TO PROMOTION SELECTION BOARDS.—Section
14107(a)(3) of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) in subparagraph (A), as designated by paragraph (1),
by striking ‘‘colonel, or, in the case of the Navy, captain’’ and
inserting ‘‘lieutenant colonel, or, in the case of the Navy, commander’’; and
(3) by adding at the end the following new subparagraphs
‘‘(B) The standards and procedures referred to in subparagraph
(A) shall require the furnishing to the selection board, and to
each individual member of the board, the information described
in that subparagraph with regard to an officer in a grade specified
in that subparagraph at each stage or phase of the selection board,
concurrent with the screening, rating, assessment, evaluation,
discussion, or other consideration by the board or member of the
official military personnel file of the officer, or of the officer.
‘‘(C) With respect to the consideration of an officer for promotion
to a grade at or below major general or, in the Navy, rear admiral,
the requirements in subparagraphs (A) and (B) may be met through
the convening and actions of a special selection board with respect
to the officer under section 14502a of this title.’’.
SEC. 506. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION UNDER ALTERNATIVE PROMOTION AUTHORITY.

Section 649c of title 10, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
‘‘(d) INAPPLICABILITY OF REQUIREMENT RELATING TO
OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION.—Section
645(1)(A)(i)(I) of this title shall not apply to the promotion of officers
described in subsection (a) to the extent that such section is inconsistent with a number of opportunities for promotion specified
pursuant to section 649d of this title.’’.

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SEC. 507. MANDATORY RETIREMENT FOR AGE.

(a) GENERAL RULE.—Subsection (a) of section 1251 of title
10, United States Code, is amended—
(1) by striking ‘‘or Marine Corps,’’ and inserting ‘‘Marine
Corps, or Space Force’’; and
(2) by inserting ‘‘or separated, as specified in subsection
(e),’’ after ‘‘shall be retired’’.
(b) DEFERRED RETIREMENT OR SEPARATION OF HEALTH PROFESSIONS OFFICERS.—Subsection (b) of such section is amended—
(1) in the subsection heading, by inserting ‘‘OR SEPARATION’’
after ‘‘RETIREMENT’’; and
(2) in paragraph (1), by inserting ‘‘or separation’’ after
‘‘retirement’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

(c) DEFERRED
CERS.—Subsection

Applicability.

RETIREMENT OR SEPARATION OF OTHER OFFI(c) of such section is amended—
(1) in the subsection heading, by striking ‘‘OF CHAPLAINS’’
and inserting ‘‘OR SEPARATION OF OTHER OFFICERS’’;
(2) by inserting ‘‘or separation’’ after ‘‘retirement’’; and
(3) by striking ‘‘an officer who is appointed or designated
as a chaplain’’ and inserting ‘‘any officer other than a health
professions officer described in subsection (b)(2)’’.
(d) RETIREMENT OR SEPARATION BASED ON YEARS OF CREDITABLE SERVICE.—Such section is further amended by adding at
the end the following new subsection:
‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS OF CREDITABLE SERVICE.—(1) The following rules shall apply to a regular
commissioned officer who is to be retired or separated under subsection (a):
‘‘(A) If the officer has at least 6 but fewer than 20 years
of creditable service, the officer shall be separated, with separation pay computed under section 1174(d)(1) of this title.
‘‘(B) If the officer has fewer than 6 years of creditable
service, the officer shall be separated under subsection (a).
‘‘(2) Notwithstanding paragraph (1), in the case of a regular
commissioned officer who was added to the retired list before the
date of the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, the officer shall
be retired, with retired pay computed under section 1401 of this
title.’’.
SEC. 508. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON
THE RETIRED GRADE OF COMMISSIONED OFFICERS.

(a) RESTATEMENT.—
(1) IN GENERAL.—Chapter 69 of title 10, United States
Code, is amended by striking section 1370 and inserting the
following new sections:

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10 USC 1370.

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‘‘§ 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.

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‘‘(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

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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.

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134 STAT. 3577

‘‘(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—

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‘‘(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

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134 STAT. 3579

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

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‘‘(B) may not make an adverse determination on the
retired grade of the officer until the officer has had a
reasonable opportunity to respond regarding the basis for
the reopening of the officer’s retired grade.
‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR OFFICERS
RETIRED IN O–9 AND O-10 GRADES.—If the determination of the
retired grade of an officer whose retired grade was provided
for pursuant to subsection (c) is reopened, the Secretary of
Defense shall also notify the President and the Committees
on Armed Services of the Senate and the House of Representatives.
‘‘(6) MANNER OF MAKING OF CHANGE.—If the retired grade
of an officer is proposed to be changed through the reopening
of the final determination of an officer’s retired grade under
this subsection, the change in grade shall be made—
‘‘(A) in the case of an officer whose retired grade is
to be changed to a grade at or below the grade of major
general in the Army, Air Force or Marine Corps, rear
admiral in the Navy, or the equivalent grade in the Space
Force, in accordance with subsections (a) and (b)—
‘‘(i) by the Secretary of Defense (who may delegate
such authority only as authorized by clause (ii)); or
‘‘(ii) if authorized by the Secretary of Defense, by
the Secretary of the military department concerned
(who may not further delegate such authority);
‘‘(B) in the case of an officer whose retired grade is
to be changed to the grade of lieutenant general or general
in the Army, Air Force, or Marine Corps, vice admiral
or admiral in the Navy, or an equivalent grade in the
Space Force, by the President, by and with the advice
and consent of the Senate.
‘‘(7) RECALCULATION OF RETIRED PAY.—If the final retired
grade of an officer is changed through the reopening of the
officer’s retired grade under this subsection, the retired pay
of the officer under chapter 71 of this title shall be recalculated.
Any modification of the retired pay of the officer as a result
of the change shall go into effect on the effective date of the
change of the officer’s retired grade, and the officer shall not
be entitled or subject to any changed amount of retired pay
for any period before such effective date. An officer whose
retired grade is changed as provided in paragraph (6)(B) shall
not be entitled or subject to a change in retired pay for any
period before the date on which the Senate provides advice
and consent for the retirement of the officer in such grade.
‘‘(g) HIGHEST PERMANENT GRADE DEFINED.—In this section,
the term ‘highest permanent grade’ means a grade at or below
the grade of major general in the Army, Air Force, or Marine
Corps, rear admiral in the Navy, or an equivalent grade in the
Space Force.
‘‘§ 1370a. Officers entitled to retired pay for non-regular
service
‘‘(a) RETIREMENT IN HIGHEST GRADE HELD SATISFACTORILY.—
Unless entitled to a different grade, or to credit for satisfactory
service in a different grade under some other provision of law,
a person who is entitled to retired pay under chapter 1223 of
this title shall, upon application under section 12731 of this title,

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134 STAT. 3581

be credited with satisfactory service in the highest permanent grade
in which that person served satisfactorily at any time in the armed
forces, as determined by the Secretary of the military department
concerned in accordance with this section.
‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR OFFICERS IN GRADES
BELOW O–5.—In order to be credited with satisfactory service in
an officer grade (other than a warrant officer grade) below the
grade of lieutenant colonel or commander (in the case of the Navy),
a person covered by subsection (a) must have served satisfactorily
in that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer in an
active status, or in a retired status on active duty, for not less
than six months.
‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR OFFICES IN GRADES
ABOVE O–4.—
‘‘(1) IN GENERAL.—In order to be credited with satisfactory
service in an officer grade above major or lieutenant commander
(in the case of the Navy), a person covered by subsection (a)
must have served satisfactorily in that grade (as determined
by the Secretary of the military department concerned) as
a reserve commissioned officer in an active status, or in a
retired status on active duty, for not less than three years.
‘‘(2) SATISFACTION OF REQUIREMENT BY CERTAIN OFFICERS
NOT COMPLETING THREE YEARS.—A person covered by paragraph
(1) who has completed at least six months of satisfactory service
in grade may be credited with satisfactory service in the grade
in which serving at the time of transfer or discharge, notwithstanding failure of the person to complete three years of service
in that grade, if the person is transferred from an active status
or discharged as a reserve commissioned officer—
‘‘(A) solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the person’s age or years of service; or
‘‘(B) because the person no longer meets the qualifications for membership in the Ready Reserve solely because
of a physical disability, as determined in accordance with
chapter 61 of this title, and at the time of such transfer
or discharge the person (pursuant to section 12731b of
this title or otherwise) meets the service requirements
established by section 12731(a) of this title for eligibility
for retired pay under chapter 1223 of this title, unless
the disability is described in section 12731b of this title.
‘‘(3) REDUCTION IN SERVICE-IN-GRADE REQUIREMENTS.—
‘‘(A) OFFICERS IN GRADES BELOW GENERAL AND FLAG
OFFICER GRADES.—In the case of a person to be retired
in a grade below brigadier general or rear admiral (lower
half) in the Navy, the Secretary of Defense may authorize
the Secretary of a military department to reduce, subject
to subparagraph (B), the three-year period of service-ingrade required by paragraph (1) to a period not less than
two years. The authority of the Secretary of a military
department under this subparagraph may not be delegated.
‘‘(B) LIMITATION.—The number of reserve commissioned officers of an armed force in the same grade for
whom a reduction is made under subparagraph (A) during
any fiscal year in the period of service-in-grade otherwise
required by paragraph (1) may not exceed the number

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134 STAT. 3582

equal to 2 percent of the strength authorized for that
fiscal year for reserve commissioned officers of that armed
force in an active status in that grade.
‘‘(C) OFFICERS IN GENERAL AND FLAG OFFICERS
GRADES.—The Secretary of Defense may reduce the threeyear period of service-in-grade required by paragraph (1)
to a period not less than two years for any person, including
a person who, upon transfer to the Retired Reserve or
discharge, is to be credited with satisfactory service in
a general or flag officer grade under that paragraph. The
authority of the Secretary of Defense under this subparagraph may not be delegated.
‘‘(D) NOTICE TO CONGRESS ON REDUCTION IN SERVICEIN-GRADE REQUIREMENTS FOR GENERAL AND FLAG OFFICER
GRADES.—In the case of a person to be credited under
this section with satisfactory service in a grade that is
a general or flag officer grade who is eligible to be credited
with such service in that grade only by reason of an exercise
of authority in subparagraph (C) to reduce the three-year
service-in-grade requirement otherwise applicable under
paragraph (1), the Secretary of Defense shall, not later
than 60 days prior to the date on which the person will
be credited with such satisfactory service in that grade,
notify the Committees on Armed Services of the Senate
and the House of Representatives of the exercise of
authority in subparagraph (C) with respect to that person.
‘‘(4) OFFICERS SERVING IN GRADES ABOVE O–6 INVOLUNTARILY TRANSFERRED FROM ACTIVE STATUS.—A person covered
by paragraph (1) who has completed at least six months of
satisfactory service in a grade above colonel or (in the case
of the Navy) captain and, while serving in an active status
in such grade, is involuntarily transferred (other than for cause)
from active status may be credited with satisfactory service
in the grade in which serving at the time of such transfer,
notwithstanding failure of the person to complete three years
of service in that grade.
‘‘(5) ADJUTANTS AND ASSISTANT ADJUTANTS GENERAL.—If
a person covered by paragraph (1) has completed at least six
months of satisfactory service in grade, the person was serving
in that grade while serving in a position of adjutant general
required under section 314 of title 32 or while serving in
a position of assistant adjutant general subordinate to such
a position of adjutant general, and the person has failed to
complete three years of service in that grade solely because
the person’s appointment to such position has been terminated
or vacated as described in section 324(b) of such title, the
person may be credited with satisfactory service in that grade,
notwithstanding the failure of the person to complete three
years of service in that grade.
‘‘(6) OFFICERS RECOMMENDED FOR PROMOTION SERVING IN
CERTAIN GRADE BEFORE PROMOTION.—To the extent authorized
by the Secretary of the military department concerned, a person
who, after having been recommended for promotion in a report
of a promotion board but before being promoted to the recommended grade, served in a position for which that grade
is the minimum authorized grade may be credited for purposes
of paragraph (1) as having served in that grade for the period

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134 STAT. 3583

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

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PUBLIC LAW 116–283—JAN. 1, 2021

authority in subsection (c)(3)(C) to reduce the three-year
service-in-grade requirement under subsection (c)(1), the
requirement for notification under subsection (c)(3)(D) is satisfied if the notification is included in the certification submitted
by the Secretary of Defense under paragraph (1).
‘‘(e) CONDITIONAL RETIREMENT GRADE AND RETIREMENT FOR
OFFICERS UNDER INVESTIGATION FOR MISCONDUCT OR PENDING
ADVERSE PERSONNEL ACTION.—The retirement grade, and retirement, of a person covered by this section who is under investigation
for alleged misconduct or pending the disposition of an adverse
personnel action at the time of retirement is as provided for by
section 1370(d) of this title. In the application of such section
1370(d) for purposes of this subsection, any reference ‘active duty’
shall be deemed not to apply, and any reference to a provision
of section 1370 of this title shall be deemed to be a reference
to the analogous provision of this section.
‘‘(f) FINAL RETIREMENT GRADE FOLLOWING RESOLUTION OF
PENDING INVESTIGATION OR ADVERSE ACTION.—The final retirement
grade under this section of a person described in subsection (e)
following resolution of the investigation or personnel action concerned is the final retirement grade provided for by section 1370(e)
of this title. In the application of such section 1370(e) for purposes
of this subsection, any reference to a provision of section 1370
of this title shall be deemed to be a reference to the analogous
provision of this section. In the application of paragraph (3) of
such section 1370e(e) for purposes of this subsection, the reference
to ‘chapter 71’ of this title shall be deemed to be a reference
to ‘chapter 1223 of this title’.
‘‘(g) FINALITY OF RETIRED GRADE DETERMINATIONS.—
‘‘(1) IN GENERAL.—Except for a conditional determination
authorized by subsection (e), a determination of the retired
grade of a person pursuant to this section is administratively
final on the day the person is retired, and may not be reopened.
‘‘(2) REOPENING.—A determination of the retired grade of
a person may be reopened in accordance with applicable provisions of section 1370(f) of this title. In the application of such
section 1370(f) for purposes of this subsection, any reference
to a provision of section 1370 of this title shall be deemed
to be a reference to the analogous provision of this section.
In the application of paragraph (7) of such section 1370(f)
for purposes of this paragraph, the reference to ‘chapter 71
of this title’ shall be deemed to be a reference to ‘chapter
1223 of this title’.
‘‘(h) HIGHEST PERMANENT GRADE DEFINED.—In this section,
the term ‘highest permanent grade’ means a grade at or below
the grade of major general in the Army, Air Force, or Marine
Corps or rear admiral in the Navy.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 69 of title 10, United States Code, is
amended by striking the item relating to section 1370 and
inserting the following new items:

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‘‘1370. Regular commissioned officers.
‘‘1370a. Officers entitled to retired pay for non-regular service.’’.

(b) CONFORMING AND TECHNICAL AMENDMENTS TO RETIRED
GRADE RULES FOR THE ARMED FORCES.—
(1) RETIRED PAY.—Title 10, United States Code, is amended
as follows:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3585

(A) In section 1406(b)(2), by striking ‘‘section 1370(d)’’
and inserting ‘‘section 1370a’’.
(B) In section 1407(f)(2)(B), by striking ‘‘by reason of
denial of a determination or certification under section
1370’’ and inserting ‘‘pursuant to section 1370 or 1370a’’.
(2) ARMY.—Section 7341 of such title is amended—
(A) by striking subsection (a) and inserting the following new subsection (a):
‘‘(a)(1) The retired grade of a regular commissioned officer
of the Army who retires other than for physical disability is determined under section 1370 of this title.
‘‘(2) The retired grade of a reserve commissioned officer of
the Army who retires other than for physical disability is determined under section 1370a of this title.’’; and
(B) in subsection (b)—
(i) by striking ‘‘he’’ and inserting ‘‘the member’’;
and
(ii) by striking ‘‘his’’ and inserting ‘‘the member’s’’.
(3) NAVY AND MARINE CORPS.—Such title is further
amended as follows:
(A) In section 8262(a), by striking ‘‘sections 689 and
1370’’ and inserting ‘‘section 689, and section 1370 or 1370a
(as applicable),’’.
(B) In section 8323(c), by striking ‘‘section 1370 of
this title’’ and inserting ‘‘section 1370 or 1370a of this
title, as applicable’’.
(4) AIR FORCE AND SPACE FORCE.—Section 9341 of such
title is amended—
(A) by striking subsection (a) and inserting the following new subsection (a):
‘‘(a)(1) The retired grade of a regular commissioned officer
of the Air Force or the Space Force who retires other than for
physical disability is determined under section 1370 of this title.
‘‘(2) The retired grade of a reserve commissioned officer of
the Air Force or the Space Force who retires other than for physical
disability is determined under section 1370a of this title.’’; and
(B) in subsection (b)—
(i) by inserting ‘‘or a Regular or Reserve of the
Space Force’’ after ‘‘Air Force’’;
(ii) by striking ‘‘he’’ and inserting ‘‘the member’’;
and
(iii) by striking ‘‘his’’ and inserting ‘‘the member’s’’.
(5) RESERVE OFFICERS.—Section 12771 of such title is
amended—
(A) in subsection (a), by striking ‘‘section 1370(d)’’ and
inserting ‘‘section 1370a of this title’’; and
(B) in subsection (b)(1), by striking ‘‘section 1370(d)’’
and inserting ‘‘section 1370a’’.
(c) OTHER REFERENCES.—In the determination of the retired
grade of a commissioned officer of the Armed Forces entitled to
retired pay under chapter 1223 of title 10, United States Code,
who retires after the date of the enactment of this Act, any reference
in a provision of law or regulation to section 1370 of title 10,
United States Code, in such determination with respect to such
officer shall be deemed to be a reference to section 1370a of title
10, United States Code (as amended by subsection (a)).

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10 USC 1370
note.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 509. REPEAL OF AUTHORITY FOR ORIGINAL APPOINTMENT OF
REGULAR
NAVY
OFFICERS
DESIGNATED
FOR
ENGINEERING DUTY, AERONAUTICAL ENGINEERING DUTY,
AND SPECIAL DUTY.

(a) REPEAL.—Section 8137 of title 10, United States Code, is
repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 815 of such title is amended by striking the item
relating to section 8137.

10 USC 8132
prec.

SEC. 509A. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO
CYBER POSITIONS.

(a) PERMANENT PROGRAMS.—Section 509 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2109; 10 U.S.C. 503 note) is amended—
(1) in the subsection heading of subsection (a), by striking
‘‘PILOT’’;
(2) by striking ‘‘pilot’’ each place it appears; and
(3) by striking subsections (d) and (e).
(b) HEADING AMENDMENT.—The heading of such section is
amended to read as follows:
‘‘SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.’’.
SEC. 509B. REVIEW OF SEAMAN TO ADMIRAL–21 PROGRAM.

Determinations.

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Time period.

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(a) REVIEW.—
(1) IN GENERAL.—The Secretary of the Navy shall review
the policies and procedures for the Seaman to Admiral–21
program in effect during fiscal years 2010 through 2014.
(2) ELEMENTS.—The elements of the review shall include
the following:
(A) A determination whether officer candidates selected
for the Seaman to Admiral–21 program after October 28,
2009, and before 30 September 2014, were notified or otherwise informed that they would not receive retirement credit
for the months of active service used in pursuit of a baccalaureate-level degree under the program following completion of the program and upon appointment to the grade
of ensign in the Navy.
(B) An explanation of how and when the Navy implemented the requirements of former section 6328(c) of title
10, United States Code (currently section 8328(c) of that
title) for Seaman to Admiral–21 participants.
(C) The number of personnel who were selected for
the Seaman to Admiral–21 program, completed a baccalaureate-level degree, and were appointed as an ensign
in the Navy under the program from fiscal years 2010
through 2014.
(D) A determination whether the personnel described
in subparagraph (C) should be eligible for retirement credit
for the months of active service spent in pursuit of a
baccalaureate-level degree.
(b) REPORT.—The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the results of the review under subsection (a).

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(c) DEADLINE.—The Secretary of the Navy shall carry out this
section by not later than 180 days after the date of the enactment
of this Act.

Subtitle B—Reserve Component
Management
SEC. 511. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR NATIONAL EMERGENCY.

Section 688a of title 10, United States Code, is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection (g):
‘‘(g) EXCEPTIONS DURING PERIODS OF WAR OR NATIONAL EMERGENCY.—The limitations in subsections (c) and (f) shall not apply
during a time of war or of national emergency declared by Congress
or the President.’’.
SEC. 512. EXPANSION OF JUNIOR RESERVE OFFICERS’ TRAINING
CORPS PROGRAM.

Section 2031(a)(2) of title 10, United States Code, is amended
by inserting after ‘‘service to the United States’’ the following:
‘‘(including an introduction to service opportunities in military,
national, and public service)’’.
SEC. 513. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR
RESERVE OFFICERS’ TRAINING CORPS.

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(a) PROGRAM AUTHORITY.—
(1) IN GENERAL.—Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2036. Grants to support science, technology, engineering,
and mathematics education
‘‘(a) AUTHORITY.—The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants
to eligible entities to assist such entities in providing education
in covered subjects to students in the Junior Reserve Officers’
Training Corps.
‘‘(b) COORDINATION.—In carrying out a program under subsection (a), the Secretary may coordinate with the following:
‘‘(1) The Director of the National Science Foundation.
‘‘(2) The Administrator of the National Aeronautics and
Space Administration.
‘‘(3) The heads of such other Federal, State, and local
government entities the Secretary of Defense determines to
be appropriate.
‘‘(c) ACTIVITIES.—Activities funded with grants under this section may include the following:
‘‘(1) Training and other support for instructors to teach
courses in covered subjects to students.
‘‘(2) The acquisition of materials, hardware, and software
necessary for the instruction of covered subjects.

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10 USC 2036.
Consultation.

Determination.

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134 STAT. 3588

10 USC 2031
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(3) Activities that improve the quality of educational materials, training opportunities, and curricula available to students
and instructors in covered subjects.
‘‘(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal education in covered subjects
for students and instructors.
‘‘(5) Students’ pursuit of certifications in covered subjects.
‘‘(d) PREFERENCE.—In making any grants under this section,
the Secretary shall give preference to eligible entities that are
eligible for assistance under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
‘‘(e) EVALUATIONS.—In carrying out a program under this section, the Secretary shall establish outcome-based metrics and
internal and external assessments to evaluate the merits and benefits of the activities funded with grants under this section with
respect to the needs of the Department of Defense.
‘‘(f) AUTHORITIES.—In carrying out a program under this section, the Secretary shall, to the extent practicable, make use of
the authorities under chapter 111 and sections 2601 and 2605
of this title, and other authorities the Secretary determines appropriate.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘eligible entity’ means a local education
agency that hosts a unit of the Junior Reserve Officers’ Training
Corps.
‘‘(2) The term ‘covered subjects’ means—
‘‘(A) science;
‘‘(B) technology;
‘‘(C) engineering;
‘‘(D) mathematics;
‘‘(E) computer science;
‘‘(F) computational thinking;
‘‘(G) artificial intelligence;
‘‘(H) machine learning;
‘‘(I) data science;
‘‘(J) cybersecurity;
‘‘(K) robotics;
‘‘(L) health sciences; and
‘‘(M) other subjects determined by the Secretary of
Defense to be related to science, technology, engineering,
and mathematics.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 102 of such title is amended by adding
at the end the following new item:
‘‘2036. Grants to support science, technology, engineering, and mathematics education.’’.

(b) REPORT.—Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on any activities carried out under section
2036 of title 10, United States Code (as added by subsection (a)).

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SEC. 514. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE RESERVE COMPONENTS.

Section 10219 of title 10, United States Code, is amended
by striking subsection (h).

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134 STAT. 3589

SEC. 515. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM
FOR MEMBERS OF SELECTED RESERVE.

(a) MODIFICATION OF MAXIMUM REPAYMENT AMOUNT.—Section
16301(b) of title 10, United States Code, is amended by striking
‘‘$500’’ and inserting ‘‘$1,000’’.
(b) EFFECTIVE DATE AND APPLICABILITY.—The amendment
made by subsection (a) shall take effect on the date of the enactment
of this Act and shall apply with respect to loan repayment under
section 16301 of title 10, United States Code, for eligible years
of service completed on or after the date of the enactment of
this Act.

10 USC 16301
note.

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SEC. 516. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO
EMERGENCY TRAVEL OR DUTY RESTRICTIONS IN COMPUTATIONS OF ENTITLEMENT TO AND AMOUNTS OF
RETIRED PAY FOR NON-REGULAR SERVICE.

(a) ENTITLEMENT TO RETIRED PAY.—Section 12732(a)(2) of title
10, United States Code, is amended—
(1) by inserting after subparagraph (E) the following new
subparagraph:
‘‘(F)(i) Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security
with respect to matters concerning the Coast Guard when
it is not operating as a service in the Department of the
Navy, one point for each day of active service or one point
for each drill or period of equivalent instruction that was
prescribed by the Secretary concerned to be performed
during the covered emergency period, if such person was
prevented from performing such duty due to travel or duty
restrictions imposed by the President, the Secretary of
Defense, or the Secretary of Homeland Security with
respect to the Coast Guard.
‘‘(ii) A person may not be credited more than 35 points
in a one-year period under this subparagraph.
‘‘(iii) In this subparagraph, the term ‘covered emergency period’ means the period beginning on March 1,
2020, and ending on the day that is 60 days after the
date on which the travel or duty restriction applicable
to the person concerned is lifted.’’; and
(2) in the matter following subparagraph (F), as inserted
by paragraph (1), by striking ‘‘and (E)’’ and inserting ‘‘(E),
and (F)’’.
(b) AMOUNT OF RETIRED PAY.—Section 12733(3) of such title
is amended in the matter preceding subparagraph (A), by striking
‘‘or (D)’’ and inserting ‘‘(D), or (F)’’.
(c) REPORTING.—
(1) REPORT REQUIRED.—Not later than one year after the
date on which the covered emergency period, as defined in
subparagraph (F) of section 12732(a)(2) of such title, as added
by subsection (a), ends, the Secretary of Defense shall submit
to the congressional defense committees a report on the use
of the authority under such subparagraph.
(2) ELEMENTS.—The report under this subsection shall
include, with respect to each reserve component, the following:
(A) The number of individuals granted credit as a
result of a training cancellation.

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Time period.
Definition.

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(B) The number of individuals granted credit as a
result of another extenuating circumstance.
(3) PUBLICATION.—Not later than 30 days after submitting
the report under paragraph (1), the Secretary shall—
(A) publish the report on a publicly accessible website
of the Department of Defense; and
(B) ensure that any data in the report is made available
in a machine-readable format that is downloadable, searchable, and sortable.

Deadline.
Public
information.
Web posting.
Data.

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PUBLIC LAW 116–283—JAN. 1, 2021

10 USC 12301
note.

SEC. 517. QUARANTINE LODGING FOR MEMBERS OF THE RESERVE
COMPONENTS WHO PERFORM CERTAIN SERVICE IN
RESPONSE TO THE COVID–19 EMERGENCY.

Time period.

(a) IN GENERAL.—The Secretary of Defense may provide, to
a member of the reserve components of the Armed Forces who
performs a period of covered service, housing for not fewer than
14 days immediately after the end of such period of covered service.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘active service’’ has the meaning given that
term in section 101 of title 10, United States Code.
(2) The term ‘‘covered service’’ means active service performed in response to the covered national emergency.
(3) The term ‘‘covered national emergency’’ means the
national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to COVID–19.

10 USC 10101
note.

SEC. 518. DIRECT EMPLOYMENT PILOT PROGRAM FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS.

(a) IN GENERAL.—The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of Defense
to provide job placement assistance and related employment services directly to members of the National Guard and Reserves in
reserve active-status.
(b) ADMINISTRATION.—Any such pilot program shall be offered
to, and administered by, the adjutants general appointed under
section 314 of title 32, United States Code, or other officials in
the States concerned designated by the Secretary for purposes of
the pilot program.
(c) COST-SHARING REQUIREMENT.—As a condition on the provision of funds under this section to a State to support the operation
of the pilot program in that State, the State must agree to contribute
funds, derived from non-Federal sources, in an amount equal to
at least 50 percent of the funds necessary for the operation of
the pilot program in that State.
(d) DEVELOPMENT.—In developing any such pilot program, the
Secretary shall—
(1) incorporate elements of State direct employment programs for members of the reserve components; and
(2) use resources provided to members of the Armed Forces
with civilian training opportunities through the SkillBridge
transition training program administered by the Department
of Defense.
(e) DIRECT EMPLOYMENT PROGRAM MODEL.—Any such pilot
program shall use a job placement program model that focuses
on working one-on-one with eligible members to cost-effectively
provide job placement services, including—
(1) identifying unemployed and underemployed individuals;

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(2) job matching services;
(3) resume editing;
(4) interview preparation; and
(5) post-employment follow up.
(f) EVALUATION.—The Secretary shall develop outcome metrics
to evaluate the success of any such pilot program.
(g) REPORTING.—
(1) REPORT REQUIRED.—If the Secretary carries out the
pilot Program, the Secretary of Defense shall submit to the
congressional defense committees a report describing the results
of the pilot program not later than March 1, 2022. The Secretary shall prepare the report in coordination with the Chief
of the National Guard Bureau.
(2) ELEMENTS.—A report under paragraph (1) shall include
the following:
(A) A description and assessment of the effectiveness
and achievements of the pilot program, including the
number of members of the reserve components of the
Armed Forces hired and the cost-per-placement of participating members.
(B) An assessment of the effects of the pilot program
and increased reserve component employment on the readiness of members of the reserve components and on the
retention of members.
(C) A comparison of the pilot program to other programs conducted by the Department of Defense to provide
unemployment or underemployment support to members
of the reserve components of the Armed Forces, including
the best practices developed through and used in such
programs.
(D) Any other matters the Secretary of Defense determines appropriate.
(h) DURATION; EXTENSION.—
(1) Subject to paragraph (2), the authority to carry out
the pilot program expires on September 30, 2024.
(2) The Secretary may elect to extend the pilot program
for not more than two additional fiscal years.

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Coordination.

Assessments.

SEC. 519. PILOT PROGRAMS AUTHORIZED IN CONNECTION WITH
SROTC UNITS AND CSPI PROGRAMS AT HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES AND MINORITY
INSTITUTIONS.

10 USC 2101
note.

(a) PILOT PROGRAMS REQUIRED.—The Secretary of Defense may
carry out two pilot programs as follows:
(1) A pilot program, with elements as provided for in subsection (c), at covered institutions in order to assess the feasibility and advisability of mechanisms to reduce barriers to
participation in the Senior Reserve Officers’ Training Corps
at such institutions by creating partnerships between satellite
or extension Senior Reserve Officers’ Training Corps units at
such institutions and covered military installations.
(2) In consultation with the Secretary of Homeland Security, a pilot program, with elements as provided for in subsection (d), in order to assess the feasibility and advisability
of the provision of financial assistance to members of the Senior
Reserve Officers’ Training Corps, and members of the Coast

Assessments.

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Requirements.

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Guard College Student Pre-Commissioning Initiative, at covered institutions for participation in flight training.
(b) DURATION.—The duration of each pilot program under subsection (a) may not exceed 5 years.
(c) PILOT PROGRAM ON PARTNERSHIPS BETWEEN SATELLITE OR
EXTENSION SROTC UNITS AND COVERED MILITARY INSTALLATIONS.—
(1) PARTICIPATING INSTITUTIONS.—The Secretary of Defense
shall carry out the pilot program required by subsection (a)(1)
at not fewer than five covered institutions selected by the
Secretary for purposes of the pilot program.
(2) REQUIREMENTS FOR SELECTION.—Each covered institution selected by the Secretary for purposes of the pilot program
under subsection (a)(1) shall—
(A) currently maintain a satellite or extension Senior
Reserve Officers’ Training Corps unit under chapter 103
of title 10, United States Code, that is located more than
20 miles from the host unit of such unit; or
(B) establish and maintain a satellite or extension
Senior Reserve Officers’ Training Corps unit that meets
the requirements in subparagraph (A).
(3) PREFERENCE IN SELECTION OF INSTITUTIONS.—In
selecting covered institutions under this subsection for participation in the pilot program under subsection (a)(1), the Secretary shall give preference to covered institutions that are
located within 20 miles of a covered military installation of
the same Armed Force as the host unit of the Senior Reserve
Officers’ Training Corps of the covered institution concerned.
(4) PARTNERSHIP ACTIVITIES.—The activities conducted
under the pilot program under subsection (a)(1) between a
satellite or extension Senior Reserve Officers’ Training Corps
unit and the covered military installation concerned shall
include such activities designed to reduce barriers to participation in the Senior Reserve Officers’ Training Corps at the
covered institution concerned as the Secretary considers appropriate, including measures to mitigate travel time and expenses
in connection with receipt of Senior Reserve Officers’ Training
Corps instruction.
(d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR SROTC
AND CSPI MEMBERS FOR FLIGHT TRAINING.—
(1) ELIGIBILITY FOR PARTICIPATION BY SROTC AND CSPI MEMBERS.—A member of a Senior Reserve Officers’ Training Corps
unit, or a member of a Coast Guard College Student PreCommissioning Initiative program, at a covered institution may
participate in the pilot program under subsection (a)(2) if the
member meets such academic requirements at the covered
institution, and such other requirements, as the Secretary concerned shall establish for purposes of the pilot program.
(2) PREFERENCE IN SELECTION OF PARTICIPANTS.—In
selecting members under this subsection for participation in
the pilot program under subsection (a)(2), the Secretary concerned shall give a preference to members who will pursue
flight training under the pilot program at a covered institution.
(3) FINANCIAL ASSISTANCE FOR FLIGHT TRAINING.—
(A) IN GENERAL.—The Secretary concerned may provide
any member of a Senior Reserve Officers’ Training Corps
unit or a College Student Pre-Commissioning Initiative

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134 STAT. 3593

program who participates in the pilot program under subsection (a)(2) financial assistance to defray, whether in
whole or in part, the charges and fees imposed on the
member for flight training.
(B) FLIGHT TRAINING.—Financial assistance may be
used under subparagraph (A) for a course of flight training
only if the course meets Federal Aviation Administration
standards and is approved by the Federal Aviation
Administration and the applicable State approving agency.
(C) USE.—Financial assistance received by a member
under subparagraph (A) may be used only to defray the
charges and fees imposed on the member as described
in that subparagraph.
(D) CESSATION OF ELIGIBILITY.—Financial assistance
may not be provided to a member under subparagraph
(A) as follows:
(i) If the member ceases to meet the academic
and other requirements established pursuant to paragraph (1).
(ii) If the member ceases to be a member of the
Senior Reserve Officers’ Training Corps or the College
Student Pre-Commissioning Initiative, as applicable.
(e) EVALUATION METRICS.—The Secretary of Defense shall
establish metrics to evaluate the effectiveness of the pilot programs
under subsection (a).
(f) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the
commencement of the pilot programs under subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot programs. The report shall include the
following:
(A) A description of each pilot program, including in
the case of the pilot program under subsection (a)(2) the
requirements established pursuant to subsection (d)(1).
(B) The evaluation metrics established under subsection (e).
(C) Such other matters relating to the pilot programs
as the Secretary considers appropriate.
(2) ANNUAL REPORT.—Not later than 90 days after the
end of each fiscal year in which the Secretary carries out
the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs during such fiscal
year. Each report shall include, for the fiscal year covered
by such report, the following:
(A) In the case of the pilot program required by subsection (a)(1), a description of the partnerships between
satellite or extension Senior Reserve Officers’ Training
Corps units and covered military installations under the
pilot program.
(B) In the case of the pilot program required by subsection (a)(2), the following:
(i) The number of members of Senior Reserve Officers’ Training Corps units, and the number of members
of Coast Guard College Student Pre-Commissioning
Initiative programs, at covered institutions selected

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134 STAT. 3594

Data.

Assessment.
Cost estimate.

Cost estimate.

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Recommendations.

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for purposes of the pilot program, including the number
of such members participating in the pilot program.
(ii) The number of recipients of financial assistance
provided under the pilot program, including the
number who—
(I) completed a ground school course of instruction in connection with obtaining a private pilot’s
certificate;
(II) completed flight training, and the type
of training, certificate, or both received;
(III) were selected for a pilot training slot in
the Armed Forces;
(IV) initiated pilot training in the Armed
Forces; or
(V) successfully completed pilot training in the
Armed Forces.
(iii) The amount of financial assistance provided
under the pilot program, broken out by covered institution, course of study, and such other measures as the
Secretary considers appropriate.
(C) Data collected in accordance with the evaluation
metrics established under subsection (e).
(3) FINAL REPORT.—Not later than 180 days prior to the
completion of the pilot programs, the Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot programs. The
report shall include the following:
(A) A description of the pilot programs.
(B) An assessment of the effectiveness of each pilot
program.
(C) A description of the cost of each pilot program,
and an estimate of the cost of making each pilot program
permanent.
(D) An estimate of the cost of expanding each pilot
program throughout all eligible Senior Reserve Officers’
Training Corps units and College Student Pre-Commissioning Initiative programs.
(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate in
light of the pilot programs, including recommendations for
extending or making permanent the authority for each
pilot program.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘covered institution’’ has the meaning given
that term in section 262(g)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(2) The term ‘‘covered military installation’’ means an
installation of the Department of Defense for the regular components of the Armed Forces.
(3) The term ‘‘flight training’’ means a course of instruction
toward obtaining any of the following:
(A) A private pilot’s certificate.
(B) A commercial pilot certificate.
(C) A certified flight instructor certificate.
(D) A multi-crew pilot’s license.
(E) A flight instrument rating.

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134 STAT. 3595

(F) Any other certificate, rating, or pilot privilege the
Secretary considers appropriate for purposes of this section.
SEC. 519A. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY
IN RESPONSE TO THE COVID-19 PANDEMIC.

(a) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report regarding how
it is determined whether to authorize full-time National Guard
duty in response to the covered national emergency.
(b) ELEMENTS.—The report under this section shall include
the following:
(1) The number of requests described in subsection (a).
(2) The number of such requests approved and the number
of requests denied.
(3) For each such request—
(A) the time elapsed from receipt of request to disposition of request; and
(B) whether costs (including pay and benefits for members of the National Guard) were a factor in determining
whether to grant or deny the request.
(4) For each such request approved, an estimate of the
time between approval and the time when the first such
member of the National Guard was placed on full-time National
Guard duty in response to such request.
(5) For each such request denied, the reason for denial
and how such denial was explained to the requestor.
(6) A description of how the process of review for such
requests differed from previous requests for a determination
whether to authorize full-time National Guard duty under section 502(f) of title 32, United States Code.
(7) Recommendations of the Secretary to improve the
review of such requests in order to better respond to such
requests.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered national emergency’’ means the
national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to COVID-19.
(2) The term ‘‘full-time National Guard duty’’ has the
meaning given that term in section 101 of title 10, United
States Code.

Estimate.

Recommendations.

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SEC. 519B. STUDY AND REPORT ON NATIONAL GUARD SUPPORT TO
STATES RESPONDING TO MAJOR DISASTERS.

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study on the process by which the National Guard provides
support to other Federal agencies and to States during major disasters. The report shall include the following:
(1) With regards to authorization of full-time National
Guard duty under section 502(f) of title 32, United States
Code—
(A) a review of the process of such authorization,
including authorization approval, funding approval, and
mission assignment;
(B) a review of data regarding the frequency and speed
of such authorizations during fiscal years 2015 through
2020; and

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Data.

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134 STAT. 3596

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(C) measures of performance or effectiveness.
(2) The effectiveness of the funding transfer process
between the Federal Emergency Management Agency and the
Department of Defense.
(3) The development and promulgation of training and
education materials for the National Guard and other components of the Department of Defense.
(4) An analysis of lessons learned from the response to
COVID-19, including—
(A) policy gaps identified by the Secretary; and
(B) any recommendations of the Secretary to improve
such process.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report that includes the findings of the study
conducted under subsection (a).

Analysis.

SEC. 519C. REPORT ON GUIDANCE FOR USE OF UNMANNED AIRCRAFT
SYSTEMS BY THE NATIONAL GUARD.
Deadline.

Recommendations.

(a) REVIEW.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall—
(1) review current guidance on the use of unmanned aircraft systems by the National Guard for covered activities
within the United States; and
(2) submit to the congressional defense committees a report
containing recommendations of the Secretary regarding how
to expedite the review of requests for use of unmanned aircraft
systems described in paragraph (1).
(b) COVERED ACTIVITIES DEFINED.—In this section, the term
‘‘covered activities’’ means—
(1) emergency operations;
(2) search and rescue operations;
(3) defense support to civil authorities; and
(4) support under section 502(f) of title 32, United States
Code.
SEC. 519D. STUDY AND REPORT ON ROTC RECRUITMENT.

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Assessments.

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(a) STUDY.—The Secretary of Defense shall conduct a study
that assesses—
(1) whether members of the Armed Forces who served
in the Junior Reserve Officers’ Training Corps are more or
less likely than members who served in the Senior Reserve
Officers’ Training Corps to achieve or receive recommendations
for higher ranks;
(2) whether there is a correlation between race or ethnicity
and the rank ultimately achieved by such members;
(3) whether individuals who serve in the Junior Reserve
Officers’ Training Corps are likelier to join the Armed Forces
than other individuals; and
(4) the feasibility of establishing a program to create a
pathway for minorities into higher ranks in the Armed Forces.
(b) REPORT.—Not later than December 31, 2022, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the results
of the study conducted under subsection (a).

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3597

Subtitle C—General Service Authorities
and Correction of Military Records
SEC. 521. INCREASED ACCESS TO POTENTIAL RECRUITS.

(a) SECONDARY SCHOOLS.—Section 503 of title 10, United States
Code, is amended—
(1) in subsection (c)(1)—
(A) in subparagraph (A)(ii), by striking ‘‘and telephone
listings,’’ and all that follows through the period at the
end and inserting ‘‘electronic mail addresses (which shall
be the electronic mail addresses provided by the school,
if available), and telephone listings, notwithstanding subsection (a)(5) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g).’’; and
(B) in subparagraph (B), by striking ‘‘and telephone
listing’’ and inserting ‘‘electronic mail address, and telephone listing’’; and
(2) by striking subsection (d).
(b) INSTITUTIONS OF HIGHER EDUCATION.—Section 983(b)(2)(A)
of such title is amended by striking ‘‘and telephone listings’’ and
inserting ‘‘electronic mail addresses (which shall be the electronic
mail addresses provided by the institution, if available), and telephone listings’’.
SEC. 522. SUNSET AND TRANSFER OF FUNCTIONS OF THE PHYSICAL
DISABILITY BOARD OF REVIEW.

Section 1554a of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(g) SUNSET.—(1) On or after the date of the enactment of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021, the Secretary of Defense may sunset
the Physical Disability Board of Review under this section.
‘‘(2) If the Secretary sunsets the Physical Disability Board
of Review under paragraph (1), the Secretary shall transfer any
remaining requests for review pending at that time, and shall
assign any new requests for review under this section, to a board
for the correction of military records operated by the Secretary
concerned under section 1552 of this title..
‘‘(3) Subsection (c)(4) shall not apply with respect to any review
conducted by a board for the correction of military records under
paragraph (2).’’.
SEC. 523. HONORARY PROMOTION MATTERS.

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(a) HONORARY PROMOTIONS ON INITIATIVE OF DEPARTMENT OF
DEFENSE.—Chapter 80 of title 10, United States Code, is amended
by inserting after section 1563 the following new section:
‘‘§ 1563a. Honorary promotions on the initiative of the
Department of Defense
‘‘(a) IN GENERAL.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary may make an honorary promotion
(whether or not posthumous) of a former member or retired member
of the armed forces to any grade not exceeding the grade of major
general, rear admiral (upper half), or an equivalent grade in the
Space Force if the Secretary determines that the promotion is
merited.

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Regulations.
Determination.

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134 STAT. 3598

Time period.
Determination.

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Regulations.

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‘‘(2) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
‘‘(b) NOTICE TO CONGRESS.—The Secretary may not make an
honorary promotion pursuant to subsection (a) until 60 days after
the date on which the Secretary submits to the Committees on
Armed Services of the Senate and the House of Representatives
a notice of the determination to make the promotion, including
a detailed discussion of the rationale supporting the determination.
‘‘(c) NOTICE OF PROMOTION.—Upon making an honorary promotion pursuant to subsection (a), the Secretary shall expeditiously
notify the former member or retired member concerned, or the
next of kin of such former member or retired member if such
former member or retired member is deceased, of the promotion.
‘‘(d) NATURE OF PROMOTION.—Any promotion pursuant to this
section is honorary, and shall not affect the pay, retired pay, or
other benefits from the United States to which the former member
or retired member concerned is entitled or would have been entitled
based on the military service of such former member or retired
member, nor affect any benefits to which any other person is or
may become entitled based on the military service of such former
member or retired member.’’.
(b) MODIFICATION OF AUTHORITIES ON REVIEW OF PROPOSALS
FROM CONGRESS.—
(1) STANDARDIZATION OF AUTHORITIES WITH AUTHORITIES
ON INITIATIVE OF DEPARTMENT OF DEFENSE.—Section 1563 of
title 10, United States Code, is amended—
(A) in subsection (a)—
(i) in the first sentence, by striking ‘‘the posthumous or honorary promotion or appointment of a
member or former member of the armed forces, or
any other person considered qualified,’’ and inserting
‘‘the honorary promotion (whether or not posthumous)
of a former member or retired member of the armed
forces’’; and
(ii) in the second sentence, by striking ‘‘the posthumous or honorary promotion or appointment’’ and
inserting ‘‘the promotion’’; and
(B) in subsection (b), by striking ‘‘the posthumous or
honorary promotion or appointment’’ and inserting ‘‘the
honorary promotion’’.
(2) AUTHORITY TO MAKE HONORARY PROMOTIONS FOLLOWING
REVIEW OF PROPOSALS.—Such section is further amended—
(A) by redesignating subsection (c) as subsection (d);
and
(B) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) AUTHORITY TO MAKE.—(1) Under regulations prescribed
by the Secretary of Defense, the Secretary of Defense may make
an honorary promotion (whether or not posthumous) of a former
member or retired member of the armed forces to any grade not
exceeding the grade of major general, rear admiral (upper half),
or an equivalent grade in the Space Force following the submittal
of the determination of the Secretary concerned under subsection
(b) in connection with the proposal for the promotion if the determination is to approve the making of the promotion.

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134 STAT. 3599

‘‘(2) The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which
the Secretary concerned submits the determination in connection
with the proposal for the promotion under subsection (b), and the
detailed rationale supporting the determination as described in
that subsection, to the Committees on Armed Services of the Senate
and the House of Representatives and the requesting Member in
accordance with that subsection.
‘‘(3) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
‘‘(4) Any promotion pursuant to this subsection is honorary,
and shall not affect the pay, retired pay, or other benefits from
the United States to which the former member or retired member
concerned is or would have been entitled based upon the military
service of such former member or retired member, nor affect any
benefits to which any other person may become entitled based
on the military service of such former member or retired member.’’.
(3) HEADING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for
review and promotion’’.
LERICAL
AMENDMENT.—The table of sections at the begin(c) C
ning of chapter 80 of such title is amended by striking the item
relating to section 1563 and inserting the following new items:

Time period.

10 USC 1561
prec.

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‘‘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.’’.

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SEC. 524. EXCLUSION OF OFFICIAL PHOTOGRAPHS OF MEMBERS FROM
RECORDS FURNISHED TO PROMOTION SELECTION
BOARDS.

Regulations.

(a) ACTIVE DUTY OFFICERS.—The Secretary of Defense shall
include in the regulations prescribed pursuant to section 615(a)
of title 10, United States Code, a prohibition on the inclusion
of an official photograph of an officer in the information furnished
to a selection board pursuant to section 615(b) of such title.
(b) RESERVE OFFICERS.—The Secretary of Defense shall include
in regulations prescribed pursuant to section 14107(a)(1) of title
10, United States Code, a prohibition on the inclusion of an official
photograph of an officer in the information furnished to a selection
board pursuant to section 14107(a)(2) of such title.
(c) ENLISTED MEMBERS.—Each Secretary of a military department shall prescribe regulations that prohibit the inclusion of an
official photograph of an enlisted member in the information furnished to a board that considers enlisted members under the jurisdiction of such Secretary for promotion.
(d) REPORT ON EXCLUSION OF ADDITIONAL INFORMATION.—Not
later than one year after the date of the enactment of this Act,
the Secretary of Defense shall, in consultation with the Secretaries
of the military departments, submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the following:
(1) A recommendation for the redaction or removal from
information furnished to selection boards convened to consider
officers or enlisted members for promotion to the next higher

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10 USC 615 note.

Consultation.
Assessments.

Recommendations.

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134 STAT. 3600

PUBLIC LAW 116–283—JAN. 1, 2021
grade of such information, if any, relating to an officer or
enlisted member, as applicable, that is currently furnished
to such a selection board as the Secretary considers appropriate
for redaction or removal in order to eliminate inappropriate
bias in the promotion selection process.
(2) An assessment of the anticipated effects on the promotion process for officers or enlisted members, as applicable,
of the redaction or removal from information furnished to selection boards of information recommended for redaction or
removal pursuant to paragraph (1).
(3) An implementation plan that describes and assesses
the manner in which the redaction or removal of such information will be achieved, including a description and assessment
of the following:
(A) Any required changes to policies, processes, or systems, including any information technology required.
(B) The cost of implementing such changes.
(C) The estimated timeline for completion of the
implementation of such changes (which may not be later
than the day that is two years after the date of the report).
(D) The duty title of the officer or employee of the
Department Defense to be assigned responsibility for implementing such changes.

Implementation
plan.

Costs.
Timeline.
Deadline.

SEC. 525. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS BASED ON SEXUAL ORIENTATION.

Effective date.

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Determination.

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(a) REPORT REQUIRED.—Not later than September 30, 2021,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
regarding the number of former members of the Armed Forces
who—
(1) were discharged or dismissed from the Armed Forces;
(2) on or after September 21, 2011, applied to the Secretary
of the military department concerned for an upgrade in the
characterization of such discharge or dismissal; and
(3) assert in such application that such discharge or dismissal arose from a policy of the Department of Defense
regarding the sexual orientation of a member before September
21, 2011.
(b) ELEMENTS.—The report under this section shall include
the following:
(1) The number of applications described in subsection
(a) and the percentages of such applications granted and denied,
disaggregated by—
(A) Armed Force;
(B) grade;
(C) characterization of discharge or dismissal originally
received; and
(D) characterization of discharge or dismissal received
pursuant to an application described in subsection (a)(2).
(2) If the Secretary can determine the number without
reviewing applications described in subsection (a) on a caseby-case basis, the number of such applications—
(A) that were denied; and
(B) in which the discharge or dismissal was based
solely on misconduct of the discharged or dismissed
member.

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134 STAT. 3601

(c) PUBLICATION.—Not later than 90 days after the Secretary
submits the report under this section, the Secretary shall publish
the report on a publicly accessible website of the Department of
Defense.

Deadline.
Public
information.
Web posting.

Subtitle D—Prevention and Response To
Sexual Assault, Harassment, and Related
Misconduct
SEC.

531.

MODIFICATION OF TIME REQUIRED FOR EXPEDITED
DECISIONS IN CONNECTION WITH APPLICATIONS FOR
CHANGE OF STATION OR UNIT TRANSFER OF MEMBERS
WHO ARE VICTIMS OF SEXUAL ASSAULT OR RELATED
OFFENSES.

(a) IN GENERAL.—Section 673(b) of title 10, United States Code,
is amended by striking ‘‘72 hours’’ both places it appears and
inserting ‘‘five calendar days’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date of the enactment of this Act,
and shall apply to decisions on applications for permanent change
of station or unit transfer made under section 673 of title 10,
United States Code, on or after that date.

Applicability.
10 USC 673 note.

SEC. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.

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(a) CONFIDENTIAL REPORTING.—
(1) IN GENERAL.—Chapter 80 of title 10, United States
Code, is amended by inserting after section 1561a the following
new section:
‘‘§ 1561b. Confidential reporting of sexual harassment
‘‘(a) REPORTING PROCESS.—Notwithstanding section 1561 of this
title, the Secretary of Defense shall prescribe in regulations a
process by which a member of an armed force under the jurisdiction
of the Secretary of a military department may confidentially allege
a complaint of sexual harassment to an individual outside the
immediate chain of command of the member.
‘‘(b) RECEIPT OF COMPLAINTS.—An individual designated and
trained to receive complaints under the process under subsection
(a) shall—
‘‘(1) maintain the confidentiality of the member alleging
the complaint;
‘‘(2) explain to the member alleging the complaint the different avenues of redress available to resolve the complaint
and the different consequences of each avenue on the manner
in which the complaint will be investigated (if at all), including
an explanation of the following:
‘‘(A) The manner in which to file a complaint concerning alleged sexual harassment with the official or office
designated for receipt of such complaint through such
avenue of redress.
‘‘(B) That confidentiality in connection with the complaint cannot be maintained when there is a clear and
present risk to health or safety.
‘‘(C) If the alleged sexual harassment also involves
an allegation of sexual assault, including sexual contact—

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Regulations.

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Time periods.
Data.

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Reports.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(i) the manner in which to file a confidential
report with a Sexual Assault Response Coordinator
or a Sexual Assault Prevention and Response Victim
Advocate; and
‘‘(ii) options available pursuant to such reporting,
including a Restricted Report or Unrestricted Report,
and participation in the Catch a Serial Offender Program.
‘‘(D) The services and assistance available to the
member in connection with the complaint and the alleged
sexual harassment.
‘‘(c) EDUCATION AND TRACKING.—The Secretary of Defense
shall—
‘‘(1) educate members under the jurisdiction of the Secretaries of the military departments regarding the process established under this section; and
‘‘(2) track complaints alleged pursuant to the process.
‘‘(d) REPORTS.—Not later than April 30, 2023, and April 30
every two years thereafter, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report containing data on the complaints of
sexual harassment alleged pursuant to the process under subsection
(a) during the previous two calendar years. Any data on such
complaints shall not contain any personally identifiable information.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 80 of such title is amended by inserting
after the item relating to section 1561b the following new
item:
‘‘1561b. Confidential reporting of sexual harassment.’’.

(b) PLAN FOR IMPLEMENTATION.—The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth a plan for
the implementation of the process for confidential reporting of
sexual harassment required by section 1561b of title 10, United
States Code (as added by subsection (a)). The plan shall include
the date on which the process is anticipated to be fully implemented.
(c) PLAN FOR ACCESS TO CONFIDENTIAL REPORTS TO IDENTIFY
SERIAL HARASSERS.—Not later than one year after the implementation of the process for confidential reporting of sexual harassment
required by section 1561b of title 10, United States Code (as so
added), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report setting forth a plan to allow an individual who files
a confidential report of sexual harassment pursuant to the process
to elect to permit a military criminal investigative organization
to access certain information in the confidential report, including
identifying information of the alleged perpetrator (if available),
for the purpose of identifying individuals who are suspected of
multiple incidents of sexual harassments, without such access
affecting the confidential nature of the confidential report. The
report shall specify the information to be accessible by criminal
investigative organizations pursuant to the plan.

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134 STAT. 3603

SEC. 533. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE
DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION
OF SEXUAL MISCONDUCT.

Section 550B of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1380; 10 U.S.C.
1561 note) is amended in subsection (c)(2)—
(1) by redesignating subparagraph (C) as subparagraph
(E); and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
‘‘(C) Efforts among private employers to prevent sexual
assault and sexual harassment among their employees.
‘‘(D) Evidence-based studies on the prevention of sexual
assault and sexual harassment in the Armed Forces,
institutions of higher education, and the private sector.’’.

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SEC. 534. ADDITIONAL MATTERS FOR 2021 REPORT OF THE DEFENSE
ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.

Section 550B of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1380; 10 U.S.C.
1561 note), as amended by section 533 of this Act, is further
amended by adding at the end of subsection (d) the following:
‘‘The report in 2021 shall also include the following:
‘‘(1) A description and assessment of the extent and
effectiveness of the inclusion by the Armed Forces of sexual
assault prevention and response training in leader professional
military education (PME), especially in such education for personnel in junior noncommissioned officer grades.
‘‘(2) An assessment of the feasibility of—
‘‘(A) the screening before entry into military service
of recruits who may have been the subject or perpetrator
of prior incidents of sexual assault and harassment,
including through background checks; and
‘‘(B) the administration of screening tests to recruits
to assess recruit views and beliefs on equal opportunity,
and whether such views and beliefs are compatible with
military service.
‘‘(3) An assessment of the feasibility of conducting exit
interviews of members of the Armed Forces upon their discharge release from the Armed Forces in order to determine
whether they experienced or witnessed sexual assault or harassment during military service and did not report it, and an
assessment of the feasibility of combining such exit interviews
with the Catch a Serial Offender (CATCH) Program of the
Department of Defense.
‘‘(4) An assessment whether the sexual assault reporting
databases of the Department are sufficiently anonymized to
ensure privacy while still providing military leaders with the
information as follows:
‘‘(A) The approximate length of time the victim and
the assailant had been at the duty station at which the
sexual assault occurred.
‘‘(B) The percentage of sexual assaults occurring while
the victim or assailant were on temporary duty, leave,
or otherwise away from their permanent duty station.

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‘‘(C) The number of sexual assaults that involve an
abuse of power by a commander or supervisor.’’.

SEC. 535. INCLUSION OF ADVISORY DUTIES ON THE COAST GUARD
ACADEMY AMONG DUTIES OF DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT.

Section 550B of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1380; 10 U.S.C.
1561 note), as amended by sections 533 and 534 of this Act, is
further amended—
(1) in subsection (c)(1)(B), by inserting ‘‘, including the
United States Coast Guard Academy,’’ after ‘‘academy’’;
(2) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new subsection (d):
‘‘(d) ADVISORY DUTIES ON COAST GUARD ACADEMY.—In providing advice under subsection (c)(1)(B), the Advisory Committee
shall also advise the Secretary of the Department in which the
Coast Guard is operating in accordance with this section on policies,
programs, and practices of the United States Coast Guard
Academy.’’; and
(4) in subsection (e) and paragraph (2) of subsection (g),
as redesignated by paragraph (2) of this section, by striking
‘‘the Committees on Armed Services of the Senate and the
House of Representatives’’ each place it appears and inserting
‘‘the Committees on Armed Services and Commerce, Science,
and Transportation of the Senate and the Committees on Armed
Services and Transportation and Infrastructure of the House
of Representatives’’.

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SEC. 536. MODIFICATION OF REPORTING AND DATA COLLECTION ON
VICTIMS OF SEXUAL OFFENSES.

Section 547 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
1561 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘accused of’’ and inserting ‘‘suspected
of’’; and
(ii) by striking ‘‘assault’’ and inserting ‘‘offense’’;
(B) in paragraph (2), by striking ‘‘accused of’’ and
inserting ‘‘suspected of’’; and
(C) in paragraph (3)—
(i) by striking ‘‘assaults’’ and inserting ‘‘offenses’’;
and
(ii) by striking ‘‘an accusation’’ and inserting ‘‘suspicion of’’;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection (b):
‘‘(b) GUIDANCE REQUIRED.—The Secretary of Defense shall issue
guidance to ensure the uniformity of the data collected by each
Armed Force for purposes of subsection (a). At a minimum, such
guidance shall establish—
‘‘(1) standardized methods for the collection of the data
required to be reported under such subsection; and

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134 STAT. 3605

‘‘(2) standardized definitions for the terms ‘sexual offense’,
‘collateral miconduct’, and ‘adverse action’.’’; and
(4) by amending subsection (c), as redesignated by paragraph (2), to read as follows:
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered individual’ means an individual who
is identified in the case files of a military criminal investigative
organization as a victim of a sexual offense that occurred while
that individual was serving on active duty as a member of
the Armed Forces.
‘‘(2) The term ‘suspected of’, when used with respect to
a covered individual suspected of collateral misconduct or
crimes as described in subsection (a), means that an investigation by a military criminal investigative organization reveals
facts and circumstances that would lead a reasonable person
to believe that the individual committed an offense under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).’’.
SEC. 537. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL
ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

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(a) ADDITIONAL RECIPIENTS.—Subsection (d) of section 1631
of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended
by inserting ‘‘and the Committees on Veterans’ Affairs of the Senate
and the House of Representatives’’ after ‘‘House of Representatives’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply to reports required to be submitted under such section
on or after such date.

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Effective date.
10 USC 1561
note.

SEC. 538. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL
TRAUMA.

10 USC 1565b
note.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretaries of Defense and Veterans
Affairs shall jointly develop, implement, and maintain a standard
of coordinated care for members of the Armed Forces who are
survivors of sexual trauma. Such standard shall include the following:
(b) MINIMUM ELEMENTS.—The standard developed and implemented under subsection (a) by the Secretaries of Defense and
Veterans Affairs shall include the following:
(1) INFORMATION FOR MEMBERS OF THE ARMED FORCES.—
The Secretary of Defense shall ensure that—
(A) Sexual Assault Response Coordinators and Uniformed Victim Advocates receive annual training on
resources of the Department of Veterans Affairs regarding
sexual trauma;
(B) information regarding services furnished by the
Secretary of Veterans Affairs to survivors of sexual trauma
is provided to each such survivor; and
(C) information described in subparagraph (B) is posted
in the following areas in each facility of the Department
of Defense:
(i) An office of the Family Advocacy Program.
(ii) An office of a mental health care provider.
(iii) Each area in which sexual assault prevention
staff normally post notices or information.

Deadline.
Standards.

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(iv) High-traffic areas (including dining facilities).
(2) COORDINATION BETWEEN STAFF OF THE DEPARTMENTS.—
The Secretaries shall ensure that a Sexual Assault Response
Coordinator or Uniformed Victim Advocate of the Department
of Defense who receives a report of an instance of sexual
trauma connects the survivor to the Military Sexual Trauma
Coordinator of the Department of Veterans Affairs at the
facility of that Department nearest to the residence of that
survivor if that survivor is a member separating or retiring
from the Armed Forces.
(c) REPORTS.—
(1) REPORT ON RESIDENTIAL TREATMENT.—Not later than
180 days after the date of the enactment of this Act, the
Secretaries of Defense and Veterans Affairs shall provide a
report to the appropriate committees of Congress regarding
the availability of residential treatment programs for survivors
of sexual trauma, including—
(A) barriers to access for such programs; and
(B) resources required to reduce such barriers.
(2) INITIAL REPORT.—Upon implementation of the standard
under subsection (a), the Secretaries of Defense and Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a report on the standard.
(3) PROGRESS REPORTS.—Not later than 180 days after
submitting the initial report under paragraph (2), and on
December 1 of each subsequent year, the Secretaries of Defense
and Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the progress of the Secretaries in implementing and improving the standard.
(4) UPDATES.—Whenever the Secretaries of Defense and
Veterans Affairs update the standard developed under subsection (a), the Secretaries shall jointly submit to the appropriate committees of Congress a report on such update,
including a comprehensive and detailed description of such
update and the reasons for such update.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘sexual trauma’’ means a condition described
in section 1720D(a)(1) of title 38, United States Code.
(2) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committees on Veterans’ Affairs of the House
of Representatives and the Senate; and
(B) the Committees on Armed Services of the House
of Representatives and the Senate.

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10 USC 7461
note.

SEC. 539. POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION
OF ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN
INCIDENTS OF SEXUAL ASSAULT.

Consultation.
Regulations.

(a) IN GENERAL.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations
a policy under which a cadet or midshipman of a military service
academy who is the alleged victim of a sexual assault and a cadet
or midshipman who is the alleged perpetrator of such assault shall,
to the extent practicable, each be given the opportunity to complete
their course of study at the academy without—
(1) taking classes together; or

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(2) otherwise being in close proximity to each other during
mandatory activities.
(b) ELEMENTS.—The Secretary of Defense shall ensure that
the policy developed under subsection (a)—
(1) permits an alleged victim to elect not to be covered
by the policy with respect to a particular incident of sexual
assault;
(2) protects the alleged victim as necessary, including by
prohibiting retaliatory harassment;
(3) minimizes the prejudicial impact of the policy, to the
extent practicable, on both the alleged victim and the alleged
perpetrator, and allows the alleged victim and the alleged perpetrator to complete their course of study at the institution
with minimal disruption;
(4) protects the privacy of both the alleged victim and
the alleged perpetrator by ensuring that information about
the alleged sexual assault and the individuals involved is not
revealed to third parties who are not specifically authorized
to receive such information in the course of performing their
regular duties, except that such policy shall not preclude the
alleged victim or the alleged perpetrator from making such
disclosures to third parties; and
(5) minimizes the burden on the alleged victim when taking
steps to separate the alleged victim and alleged perpetrator.
(c) SPECIAL RULE.—The policy developed under subsection (a)
shall not preclude a military service academy from taking other
administrative or disciplinary action when appropriate.
(d) MILITARY SERVICE ACADEMY DEFINED.—In this section, the
term ‘‘military service academy’’ means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.

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SEC. 539A. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED
FORCES.

10 USC 1561
note.

(a) IN GENERAL.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe
in regulations a safe-to-report policy described in subsection (b)
that applies with respect to all members of the Armed Forces
(including members of the reserve components of the Armed Forces)
and cadets and midshipmen at the military service academies.
(b) SAFE-TO-REPORT POLICY.—The safe-to-report policy
described in this subsection is a policy that prescribes the handling
of minor collateral misconduct involving a member of the Armed
Forces who is the alleged victim of sexual assault.
(c) AGGRAVATING CIRCUMSTANCES.—The regulations under subsection (a) shall specify aggravating circumstances that increase
the gravity of minor collateral misconduct or its impact on good
order and discipline for purposes of the safe-to-report policy.
(d) TRACKING OF COLLATERAL MISCONDUCT INCIDENTS.—In
conjunction with the issuance of regulations under subsection (a),
Secretary shall develop and implement a process to track incidents
of minor collateral misconduct that are subject to the safe-to-report
policy.
(e) DEFINITIONS.—In this section:

Consultation.
Regulations.
Applicability.

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134 STAT. 3608

PUBLIC LAW 116–283—JAN. 1, 2021
(1) The term ‘‘Armed Forces’’ has the meaning given that
term in section 101(a)(4) of title 10, United States Code, except
such term does not include the Coast Guard.
(2) The term ‘‘military service academy’’ means the following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(3) The term ‘‘minor collateral misconduct’’ means any
minor misconduct that is potentially punishable under chapter
47 of title 10, United States Code (the Uniform Code of Military
Justice), that—
(A) is committed close in time to or during the sexual
assault, and directly related to the incident that formed
the basis of the sexual assault allegation;
(B) is discovered as a direct result of the report of
sexual assault or the ensuing investigation into the sexual
assault; and
(C) does not involve aggravating circumstances (as
specified in the regulations prescribed under subsection
(c)) that increase the gravity of the minor misconduct or
its impact on good order and discipline.

10 USC 1561
note.

Criteria.

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Criteria.

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SEC. 539B. ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT
OF DEFENSE FOR DISCHARGING THE SEXUAL HARASSMENT POLICIES AND PROGRAMS OF THE DEPARTMENT.

(a) STRATEGY ON HOLDING LEADERSHIP ACCOUNTABLE
REQUIRED.—The Secretary of Defense shall develop and implement
Department of Defense-wide a strategy to hold individuals in positions of leadership in the Department (including members of the
Armed Forces and civilians) accountable for the promotion, support,
and enforcement of the policies and programs of the Department
on sexual harassment.
(b) OVERSIGHT FRAMEWORK.—
(1) IN GENERAL.—The strategy required by subsection (a)
shall provide for an oversight framework for the efforts of
the Department of Defense to promote, support, and enforce
the policies and programs of the Department on sexual harassment.
(2) ELEMENTS.—The oversight framework required by paragraph (1) shall include the following:
(A) Long-term goals, objectives, and milestones in
connection with the policies and programs of the Department on sexual harassment.
(B) Strategies to achieve the goals, objectives, and milestones referred to in subparagraph (A).
(C) Criteria for assessing progress toward the achievement of the goals, objectives, and milestones referred to
in subparagraph (A).
(D) Criteria for assessing the effectiveness of the policies and programs of the Department on sexual harassment.
(E) Mechanisms to ensure that adequate resources are
available to the Office of the Secretary of Defense to develop
and discharge the oversight framework.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to

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134 STAT. 3609

the Committees on Armed Services of the Senate and the House
of Representatives a report on the actions taken to carry out this
section, including the strategy developed and implemented pursuant
to subsection (a), and the oversight framework developed and implemented pursuant to subsection (b).
SEC. 539C. REPORTS ON STATUS OF INVESTIGATIONS OF ALLEGED
SEX-RELATED OFFENSES.

(a) REPORTS REQUIRED.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter through
December 31, 2025, the Secretary of each military department
shall submit to the congressional defense committees a report on
the status of investigations into alleged sex-related offenses.
(b) ELEMENTS.—Each report under subsection (a) shall include,
with respect to investigations into alleged sex-related offenses carried out by military criminal investigative organizations under the
jurisdiction of the Secretary concerned during the preceding year,
the following:
(1) The total number of investigations.
(2) For each investigation—
(A) the date the investigation was initiated; and
(B) an explanation of whether the investigation is inprogress or complete as of the date of the report and,
if complete, the date on which the investigation was completed.
(3) The total number of investigations that are complete
as of the date of the report.
(4) The total number of investigations that are in-progress
as of the date of the report.
(5) For investigations lasting longer than 180 days, a general explanation of the primary reasons for the extended duration of such investigations.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘alleged sex-related offense’’ has the meaning
given that term in section 1044(e)(h) of title 10, United States
Code.
(2) The term ‘‘complete’’ when used with respect to an
investigation of an alleged sex-related offense, means the active
phase of the investigation is sufficiently complete to enable
the appropriate authority to reach a decision with respect to
the disposition of charges for the offense.

Time period.

Time period.

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SEC. 539D. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE
COORDINATORS AND SEXUAL ASSAULT PREVENTION AND
RESPONSE VICTIM ADVOCATES TO PERFORM DUTIES.

(a) SURVEY.—
(1) IN GENERAL.—Not later than June 30, 2021, the Secretary of Defense shall conduct a survey regarding the ability
of Sexual Assault Response Coordinators and Sexual Assault
Prevention and Response Victim Advocates to perform their
duties.
(2) ELEMENTS.—The survey required under paragraph (1)
shall assess—
(A) the current state of support provided to Sexual
Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates, including—
(i) perceived professional or other reprisal or
retaliation; and

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PUBLIC LAW 116–283—JAN. 1, 2021

(ii) access to sufficient physical and mental health
services as a result of the nature of their work;
(B) the ability of Sexual Assault Response Coordinators
and Sexual Assault Prevention and Response Victim Advocates to contact and access their installation commander
or unit commander;
(C) the ability of Sexual Assault Response Coordinators
and Sexual Assault Prevention and Response Victim Advocates to contact and access the immediate commander of
victims and alleged offenders;
(D) the responsiveness and receptiveness of commanders to the Sexual Assault Response Coordinators;
(E) the support and services provided to victims of
sexual assault;
(F) the understanding of others of the process and
their willingness to assist;
(G) the adequacy of the training received by Sexual
Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to effectively perform
their duties; and
(H) any other factors affecting the ability of Sexual
Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to perform their duties.
(b) REPORT.—Upon completion of the survey required under
subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the survey and any actions to
be taken as a result of the survey.
SEC. 539E. BRIEFING ON SPECIAL VICTIMS’ COUNSEL PROGRAM.
Deadline.

Assessment.
Compliance.

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Estimate.

Assessment.

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(a) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Judge Advocates General
of the Army, the Navy, the Air Force, and the Coast Guard and
the Staff Judge Advocate to the Commandant of the Marine Corps
shall each provide to the congressional defense committees a
briefing on the status of the Special Victims’ Counsel program
of the Armed Force concerned.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the Special Victims’ Counsel program of
the Armed Force concerned, the following:
(1) An assessment of whether the Armed Force is in compliance with the provisions of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92) relating to the
Special Victims’ Counsel program and, if not, what steps have
been taken to achieve compliance with such provisions.
(2) An estimate of the average caseload of each Special
Victims’ Counsel.
(3) A description of any staffing shortfalls in the Special
Victims’ Counsel program or other programs of the Armed
Force resulting from the additional responsibilities required
of the Special Victims’ Counsel program under the National
Defense Authorization Act for Fiscal Year 2020.
(4) An explanation of the ability of Special Victims’ Counsel
to adhere to requirement that a counsel respond to a request
for services within 72 hours of receiving such request.
(5) An assessment of the feasibility of providing crossservice Special Victims’ Counsel representation in instances

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134 STAT. 3611

where a Special Victims’ Counsel from a different Armed Force
is co-located with a victim at a remote base.
SEC. 539F. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED
FORCES IN ACADEMIC STATUS WHO ARE VICTIMS OF
SEXUAL ASSAULT ONTO NON-RATED PERIODS.

Not later than 270 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees on
Armed Services of the Senate and the House of Representatives
on the feasibility and advisability, and current practice (if any)
of the Department of Defense, of granting requests by members
of the Armed Forces who are in academic status (whether at the
military service academies or in developmental education programs)
and who are victims of sexual assault to be placed on a NonRated Period for their performance report.

Deadline.

Subtitle E—Military Justice and Other
Legal Matters
SEC. 541. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL MOTIONS, FILINGS, AND HEARINGS.

Section 806b(a)(2) of title 10, United States Code (article
6b(a)(2)) of the Uniform Code of Military Justice), is amended—
(1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
‘‘(D) A post-trial motion, filing, or hearing that may
address the finding or sentence of a court-martial with
respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.’’.

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SEC. 542. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW
FOR COURTS OF CRIMINAL APPEALS.

(a) QUALIFICATIONS OF CERTAIN JUDGES.—Section 866(a) of title
10, United States Code (article 66(a) of the Uniform Code of Military
Justice), is amended—
(1) by striking ‘‘Each Judge’’ and inserting:
‘‘(1) IN GENERAL.—Each Judge’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) ADDITIONAL QUALIFICATIONS.—In addition to any other
qualifications specified in paragraph (1), any commissioned
officer or civilian assigned as an appellate military judge to
a Court of Criminal Appeals shall have not fewer than 12
years of experience in the practice of law before such assignment.’’.
(b) STANDARD OF REVIEW.—Paragraph (1) of section 866(d) of
title 10, United States Code (article 66(d) of the Uniform Code
of Military Justice), is amended to read as follows:
‘‘(1) CASES APPEALED BY ACCUSED.—
‘‘(A) IN GENERAL.—In any case before the Court of
Criminal Appeals under subsection (b), the Court may act
only with respect to the findings and sentence as entered
into the record under section 860c of this title (article
60c). The Court may affirm only such findings of guilty

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Determination.

Determination.

Analysis.

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10 USC 866 note.

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as the Court finds correct in law, and in fact in accordance
with subparagraph (B). The Court may affirm only the
sentence, or such part or amount of the sentence, as the
Court finds correct in law and fact and determines, on
the basis of the entire record, should be approved.
‘‘(B) FACTUAL SUFFICIENCY REVIEW.—(i) In an appeal
of a finding of guilty under subsection (b), the Court may
consider whether the finding is correct in fact upon request
of the accused if the accused makes a specific showing
of a deficiency in proof.
‘‘(ii) After an accused has made such a showing, the
Court may weigh the evidence and determine controverted
questions of fact subject to—
‘‘(I) appropriate deference to the fact that the trial
court saw and heard the witnesses and other evidence;
and
‘‘(II) appropriate deference to findings of fact
entered into the record by the military judge.
‘‘(iii) If, as a result of the review conducted under
clause (ii), the Court is clearly convinced that the finding
of guilty was against the weight of the evidence, the Court
may dismiss, set aside, or modify the finding, or affirm
a lesser finding.’’.
(c) REVIEW BY UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES OF FACTUAL SUFFICIENCY RULINGS.—Section
867(c)(1) of title 10, United States Code (article 67(c)(1) of the
Uniform Code of Military Justice), is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) the findings set forth in the entry of judgment, as
affirmed, dismissed, set aside, or modfied by the Court of
Criminal Appeals as incorrect in fact under section 866(d)(1)(B)
of this title (article 66(d)(1)(B)).’’.
(d) INCLUSION OF ADDITIONAL INFORMATION IN ANNUAL
REPORTS.—Section 946a(b)(2) of title 10, United States Code (article
146a(b)(2) of the Uniform Code of Military Justice), is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) an analysis of each case in which a Court of
Criminal Appeals made a final determination that a finding
of a court-martial was clearly against the weight of the
evidence, including an explanation of the standard of appellate review applied in such case.’’.
(e) EFFECTIVE DATES AND APPLICABILITY.—
(1) QUALIFICATIONS OF CERTAIN JUDGES.—The amendments
made by subsection (a) shall take effect on the date of the
enactment of this Act, and shall apply with respect to the
assignment of appellate military judges on or after that date.
(2) REVIEW AMENDMENTS.—The amendments made by subsections (b) and (c) shall take effect on the date of the enactment
of this Act, and shall apply with respect to any case in which
every finding of guilty entered into the record under section
860c of title 10, United States Code (article 60c of the Uniform

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134 STAT. 3613

Code of Military Justice), is for an offense that occurred on
or after that date.
SEC. 543. PRESERVATION OF COURT-MARTIAL RECORDS.

Section 940a of title 10, United States Code (article 140a of
the Uniform Code of Military Justice), is amended by adding at
the end the following new subsection:
‘‘(d) PRESERVATION OF COURT-MARTIAL RECORDS WITHOUT
REGARD TO OUTCOME.—The standards and criteria prescribed by
the Secretary of Defense under subsection (a) shall provide for
the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not
fewer than 15 years.’’.

Time period.

SEC. 544. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.

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Section 101(b) of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911(b)) is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
‘‘(2) DEPARTMENT OF DEFENSE.—
‘‘(A) IN GENERAL.—Not later than 3 business days after
the final disposition of a judicial proceeding conducted
within the Department of Defense, the Secretary of Defense
shall make available to the Attorney General records which
are relevant to a determination of whether a member of
the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection
(g) or (n) of section 922 of title 18, United States Code,
for use in background checks performed by the National
Instant Criminal Background Check System.
‘‘(B) JUDICIAL PROCEEDING DEFINED.—In this paragraph, the term ‘judicial proceeding’ means a hearing—
‘‘(i) of which the person received actual notice;
and
‘‘(ii) at which the person had an opportunity to
participate with counsel.’’.

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Deadline.

SEC. 545. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER
INFORMATION OF CERTAIN PERSONS FROM INVESTIGATIVE REPORTS, THE DEPARTMENT OF DEFENSE CENTRAL
INDEX OF INVESTIGATIONS, AND OTHER RECORDS AND
DATABASES.

10 USC 1552
note.

(a) POLICY AND PROCESS REQUIRED.—Not later than October
1, 2021, the Secretary of Defense shall establish and maintain
a policy and process through which any covered person may request
that the person’s name, personally identifying information, and
other information pertaining to the person shall, in accordance
with subsection (c), be corrected in, or expunged or otherwise
removed from, the following:
(1) A law enforcement or criminal investigative report of
the Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense
Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described

Deadline.

06:40 Jan 20, 2022

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134 STAT. 3614

Definition.

Determinations.

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Determination.

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PUBLIC LAW 116–283—JAN. 1, 2021

in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of
the Department.
(b) COVERED PERSONS.—For purposes of this section, a covered
person is any person whose name was placed or reported, or is
maintained—
(1) in the subject or title block of a law enforcement or
criminal investigative report of the Department of Defense
(or any component of the Department);
(2) as an item or entry in the Department of Defense
Central Index of Investigations; or
(3) in any other record maintained in connection with a
report described in paragraph (1), or an index item or entry
described in paragraph (2), in any system of records, records
database, records center, or repository maintained by or on
behalf of the Department.
(c) ELEMENTS.—The policy and process required by subsection
(a) shall include the following elements:
(1) BASIS FOR CORRECTION OR EXPUNGEMENT.—That the
name, personally identifying information, and other information
of a covered person shall be corrected in, or expunged or otherwise removed from, a report, item or entry, or record described
in paragraphs (1) through (3) of subsection (a) in the following
circumstances:
(A) Probable cause did not or does not exist to believe
that the offense for which the person’s name was placed
or reported, or is maintained, in such report, item or entry,
or record occurred, or insufficient evidence existed or exists
to determine whether or not such offense occurred.
(B) Probable cause did not or does not exist to believe
that the person actually committed the offense for which
the person’s name was so placed or reported, or is so
maintained, or insufficient evidence existed or exists to
determine whether or not the person actually committed
such offense.
(C) Such other circumstances, or on such other bases,
as the Secretary may specify in establishing the policy
and process, which circumstances and bases may not be
inconsistent with the circumstances and bases provided
by subparagraphs (A) and (B).
(2) CONSIDERATIONS.—While not dispositive as to the existence of a circumstance or basis set forth in paragraph (1),
the following shall be considered in the determination whether
such circumstance or basis applies to a covered person for
purposes of this section:
(A) The extent or lack of corroborating evidence against
the covered person concerned with respect to the offense
at issue.
(B) Whether adverse administrative, disciplinary,
judicial, or other such action was initiated against the
covered person for the offense at issue.
(C) The type, nature, and outcome of any action
described in subparagraph (B) against the covered person.
(3) PROCEDURES.—The policy and process required by subsection (a) shall include procedures as follows:
(A) Procedures under which a covered person may
appeal a determination of the applicable component of the

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134 STAT. 3615

Department of Defense denying, whether in whole or in
part, a request for purposes of subsection (a).
(B) Procedures under which the applicable component
of the Department will correct, expunge or remove, take
other appropriate action on, or assist a covered person
in so doing, any record maintained by a person, organization, or entity outside of the Department to which such
component provided, submitted, or transmitted information
about the covered person, which information has or will
be corrected in, or expunged or removed from, Department
records pursuant to this section.
(C) The timeline pursuant to which the Department,
or a component of the Department, as applicable, will
respond to each of the following:
(i) A request pursuant to subsection (a).
(ii) An appeal under the procedures required by
subparagraph (A).
(iii) A request for assistance under the procedures
required by subparagraph (B).
(D) Mechanisms through which the Department will
keep a covered person apprised of the progress of the
Department on a covered person’s request or appeal as
described in subparagraph (C).
(d) APPLICABILITY.—The policy and process required to be developed by the Secretary under subsection (a) shall not be subject
to the notice and comment rulemaking requirements under section
553 of title 5, United States Code.
(e) REPORT.—Not later than October 1, 2021, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the actions taken
to carry out this section, including a comprehensive description
of the policy and process developed and implemented by the Secretary under subsection (a).

Timeline.

Notification.

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SEC. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS
TRAUMA FOR CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM.

(a) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Judge Advocates General
of the Army, the Navy, and the Air Force and the Staff Judge
Advocate to the Commandant of the Marine Corps shall jointly
brief the Committees on Armed Services of the Senate and the
House of Representatives on the mental health support for vicarious
trauma provided to personnel in the military justice system specified
in subsection (b).
(b) PERSONNEL.—The personnel specified in this subsection are
the following:
(1) Court-martial convening authorities who are members
of the Armed Forces.
(2) Trial counsel.
(3) Defense counsel.
(4) Military judges.
(5) Special Victims’ Counsel.
(6) Military investigative personnel.
(c) ELEMENTS.—The briefing required by subsection (a) shall
include the following:

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Assessments.

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134 STAT. 3616

PUBLIC LAW 116–283—JAN. 1, 2021
(1) A description and assessment of the mental health
support for vicarious trauma provided to personnel in the military justice system specified in subsection (b), including a
description of the support services available and the support
services being used.
(2) A description and assessment of mechanisms to eliminate or reduce stigma in the pursuit by such personnel of
such mental health support.
(3) An assessment of the feasibility and advisability of
providing such personnel with breaks between assignments
or cases as part of such mental health support in order to
reduce the effects of vicarious trauma.
(4) A description and assessment of the extent, if any,
to which duty of such personnel on particular types of cases,
or in particular caseloads, contributes to vicarious trauma,
and of the extent, if any, to which duty on such cases or
caseloads has an effect on retention of such personnel in the
Armed Forces.
(5) A description of the extent, if any, to which such personnel are screened or otherwise assessed for vicarious trauma
before discharge or release from the Armed Forces.
(6) Such other matters in connection with the provision
of mental health support for vicarious trauma to such personnel
as the Judge Advocates General and the Staff Judge Advocate
jointly consider appropriate.

SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT
ON IMPLEMENTATION BY THE ARMED FORCES OF RECENT
GAO RECOMMENDATIONS AND STATUTORY REQUIREMENTS ON ASSESSMENT OF RACIAL, ETHNIC, AND GENDER
DISPARITIES IN THE MILITARY JUSTICE SYSTEM.

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Study.

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(a) REPORT REQUIRED.—The Comptroller General of the United
States shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report, in writing,
on a study, conducted by the Comptroller General for purposes
of the report, on the implementation by the Armed Forces of the
following:
(1) The recommendations in the May 2019 report of the
General Accountability Office entitled ‘‘Military Justice: DOD
and the Coast Guard Need to Improve Their Capabilities to
Assess Racial and Gender Disparities’’ (GAO–19–344).
(2) Requirements in section 540I(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1369; 10 U.S.C. 810 note), relating to assessments
covered by such recommendations.
(b) ELEMENTS.—The report required by subsection (a) shall
include, for each recommendation and requirement specified in
that subsection, the following:
(1) A description of the actions taken or planned by the
Department of Defense, the military department concerned,
or the Armed Force concerned to implement such recommendation or requirement.
(2) An assessment of the extent to which the actions taken
to implement such recommendation or requirement, as
described pursuant to paragraph (1), are effective or meet the
intended objective.

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134 STAT. 3617

(3) Any other matters in connection with such recommendation or requirement, and the implementation of such recommendation or requirement by the Armed Forces, that the
Comptroller General considers appropriate.
(c) BRIEFINGS.—Not later than May 1, 2021, the Comptroller
General shall provide the committees referred to in subsection
(a) one or more briefings on the status of the study required by
that subsection, including any preliminary findings and recommendations of the Comptroller General as a result of the study
as of the date of such briefing.
SEC.

548.

LEGAL ASSISTANCE FOR VETERANS
SPOUSES AND DEPENDENTS.

AND

Deadline.
Recommendations.

SURVIVING

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(a) AVAILABILITY OF LEGAL ASSISTANCE AT FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS.—
(1) IN GENERAL.—Chapter 59 of title 38, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 5906. Availability of legal assistance at Department facilities
‘‘(a) IN GENERAL.—Not less frequently than three times each
year, the Secretary shall facilitate the provision by a qualified
legal assistance clinic of pro bono legal assistance described in
subsection (c) to eligible individuals at not fewer than one medical
center of the Department of Veterans Affairs, or such other facility
of the Department as the Secretary considers appropriate, in each
State.
‘‘(b) ELIGIBLE INDIVIDUALS.—For purposes of this section, an
eligible individual is—
‘‘(1) any veteran;
‘‘(2) any surviving spouse; or
‘‘(3) any child of a veteran who has died.
‘‘(c) PRO BONO LEGAL ASSISTANCE DESCRIBED.—The pro bono
legal assistance described in this subsection is the following:
‘‘(1) Legal assistance with any program administered by
the Secretary.
‘‘(2) Legal assistance associated with—
‘‘(A) improving the status of a military discharge or
characterization of service in the Armed Forces, including
through a discharge review board; or
‘‘(B) seeking a review of a military record before a
board of correction for military or naval records.
‘‘(3) Such other legal assistance as the Secretary—
‘‘(A) considers appropriate; and
‘‘(B) determines may be needed by eligible individuals.
‘‘(d) LIMITATION ON USE OF FACILITIES.—Space in a medical
center or facility designated under subsection (a) shall be reserved
for and may only be used by the following, subject to review and
removal from participation by the Secretary:
‘‘(1) A veterans service organization or other nonprofit
organization.
‘‘(2) A legal assistance clinic associated with an accredited
law school.
‘‘(3) A legal services organization.
‘‘(4) A bar association.

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38 USC 5906.
Time period.

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134 STAT. 3618

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(5) Such other attorneys and entities as the Secretary
considers appropriate.
‘‘(e) LEGAL ASSISTANCE IN RURAL AREAS.—In carrying out this
section, the Secretary shall ensure that pro bono legal assistance
is provided under subsection (a) in rural areas.
‘‘(f) DEFINITION OF VETERANS SERVICE ORGANIZATION.—In this
section, the term ‘veterans service organization’ means any
organization recognized by the Secretary for the representation
of veterans under section 5902 of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 59 of such title is amended by adding
at the end the following new item:

38 USC 5901
prec.

‘‘5906. Availability of legal assistance at Department facilities.’’.
38 USC 5906
note.
Deadline.
Assessment.

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Grants.
Determination.

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(b) PILOT PROGRAM TO ESTABLISH AND SUPPORT LEGAL ASSISTCLINICS.—
(1) PILOT PROGRAM REQUIRED.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a pilot program to assess the feasibility and advisability of awarding grants to eligible entities
to establish new legal assistance clinics, or enhance existing
legal assistance clinics or other pro bono efforts, for the
provision of pro bono legal assistance described in subsection (c) of section 5906 of title 38, United States Code,
as added by subsection (a), on a year-round basis to individuals who served in the Armed Forces, including individuals
who served in a reserve component of the Armed Forces,
and who were discharged or released therefrom, regardless
of the conditions of such discharge or release, at locations
other than medical centers and facilities described in subsection (a) of such section.
(B) RULE OF CONSTRUCTION.—Nothing in subparagraph
(A) shall be construed to limit or affect—
(i) the provision of pro bono legal assistance to
eligible individuals at medical centers and facilities
of the Department of Veterans Affairs under section
5906(a) of title 38, United States Code, as added by
subsection (a); or
(ii) any other legal assistance provided pro bono
at medical centers or facilities of the Department as
of the date of the enactment of this Act.
(2) ELIGIBLE ENTITIES.—For purposes of the pilot program,
an eligible entity is—
(A) a veterans service organization or other nonprofit
organization specifically focused on assisting veterans;
(B) an entity specifically focused on assisting veterans
and associated with an accredited law school;
(C) a legal services organization or bar association;
or
(D) such other type of entity as the Secretary considers
appropriate for purposes of the pilot program.
(3) LOCATIONS.—The Secretary shall ensure that at least
one grant is awarded under paragraph (1)(A) to at least one
eligible entity in each State, if the Secretary determines that
there is such an entity in a State that has applied for, and
meets requirements for the award of, such a grant.

ANCE

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134 STAT. 3619

(4) DURATION.—The Secretary shall carry out the pilot
program during the five-year period beginning on the date
on which the Secretary establishes the pilot program.
(5) APPLICATION.—An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefore at such time, in such manner, and containing such
information as the Secretary may require.
(6) SELECTION.—The Secretary shall select eligible entities
who submit applications under paragraph (5) for the award
of grants under the pilot program using a competitive process
that takes into account the following:
(A) Capacity of the applicant entity to serve veterans
and ability of the entity to provide sound legal advice.
(B) Demonstrated need of the veteran population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grants.
(D) Geographic diversity of applicant entities.
(E) Such other criteria as the Secretary considers
appropriate.
(7) GRANTEE REPORTS.—Each recipient of a grant under
the pilot program shall, in accordance with such criteria as
the Secretary may establish, submit to the Secretary a report
on the activities of the recipient and how the grant amounts
were used.
(c) REVIEW OF PRO BONO ELIGIBILITY OF FEDERAL WORKERS.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall,
in consultation with the Attorney General and the Director
of the Office of Government Ethics, conduct a review of the
rules and regulations governing the circumstances under which
attorneys employed by the Federal Government can provide
pro bono legal assistance.
(2) RECOMMENDATIONS.—In conducting the review required
by paragraph (1), the Secretary shall develop recommendations
for such legislative or administrative action as the Secretary
considers appropriate to facilitate greater participation by Federal employees in pro bono legal and other volunteer services
for veterans.
(3) SUBMITTAL TO CONGRESS.—Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress—
(A) the findings of the Secretary with respect to the
review conducted under paragraph (1); and
(B) the recommendations developed by the Secretary
under paragraph (2).
(d) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report on the status of the implementation
of this section.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

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Criteria.

Consultation.

Deadlines.

Recommendations.

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134 STAT. 3620

PUBLIC LAW 116–283—JAN. 1, 2021
(2) VETERANS SERVICE ORGANIZATION.—The term ‘‘veterans
service organization’’ means any organization recognized by
the Secretary for the representation of veterans under section
5902 of title 38, United States Code.

SEC. 549. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES
AND MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR
CATASTROPHIC INJURY OR ILLNESS OR DIE WHILE IN
MILITARY SERVICE.

Time period.

10 USC 1561
note prec.

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Deadline.

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(a) CATASTROPHIC INJURIES AND ILLNESSES.—Paragraph (4) of
section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C.
3955(a)) is amended to read as follows:
‘‘(4) CATASTROPHIC INJURY OR ILLNESS OF LESSEE.—
‘‘(A) TERMINATION.—If the lessee on a lease described
in subsection (b) incurs a catastrophic injury or illness
during a period of military service or while performing
covered service, during the one-year period beginning on
the date on which the lessee incurs such injury or illness—
‘‘(i) the lessee may terminate the lease; or
‘‘(ii) in the case of a lessee who lacks the mental
capacity to contract or to manage his or her own affairs
(including disbursement of funds without limitation)
due to such injury or illness, the spouse or dependent
of the lessee may terminate the lease.
‘‘(B) DEFINITIONS.—In this paragraph:
‘‘(i) The term ‘catastrophic injury or illness’ has
the meaning given that term in section 439(g) of title
37, United States Code.
‘‘(ii) The term ‘covered service’ means full-time
National Guard duty, active Guard and Reserve duty,
or inactive-duty training (as such terms are defined
in section 101(d) of title 10, United States Code).’’.
(b) DEATHS.—Paragraph (3) of such section is amended by
striking ‘‘The spouse of the lessee’’ and inserting ‘‘The spouse or
dependent of the lessee’’.
SEC.

549A.

MULTIDISCIPLINARY
EVENTS.

BOARD

TO

EVALUATE

SUICIDE

(a) GUIDANCE REQUIRED.—The Secretary of Defense shall issue
guidance that requires each suicide event involving of a member
of a covered Armed Force to be reviewed by a multidisciplinary
board established at the command or installation level, or by the
Chief of the covered Armed Force. Such guidance shall require
that, for each suicide event reviewed by such a board, the board
shall—
(1) clearly define the objective, purpose, and outcome of
the review;
(2) take a multidisciplinary approach to the review and
include, as part of the review process, leaders of military units,
medical and mental health professionals, and representatives
of military criminal investigative organizations; and
(3) take appropriate steps to protect and share information
obtained from ongoing investigations into the event (such as
medical and law enforcement reports).
(b) IMPLEMENTATION BY COVERED ARMED FORCES.—Not later
than 90 days after the date on which the guidance is issued under
subsection (a), the Chiefs of the covered Armed Forces shall implement the guidance.

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(c) PROGRESS REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the progress
of the Secretary in implementing the guidance required under subsection (a).
(d) COVERED ARMED FORCES DEFINED.—In this section, the
term ‘‘covered Armed Forces’’ means the Army, Navy, Air Force,
Marine Corps, and Space Force.

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SEC. 549B. IMPROVEMENTS TO DEPARTMENT OF DEFENSE TRACKING
OF AND RESPONSE TO INCIDENTS OF CHILD ABUSE,
ADULT CRIMES AGAINST CHILDREN, AND SERIOUS HARMFUL BEHAVIOR BETWEEN CHILDREN AND YOUTH
INVOLVING MILITARY DEPENDENTS ON MILITARY
INSTALLATIONS.

(a) IMPROVEMENTS REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall, consistent
with recommendations of the Comptroller General of the United
States in Government Accountability Office report GA0–20–
110, take actions in accordance with this section in order to
improve the efforts of the Department of Defense to track
and respond to incidents of serious harm to children involving
dependents of members of the Armed Forces that occur on
military installations (in this section referred to as ‘‘covered
incidents of serious harm to children’’).
(2) SERIOUS HARM TO CHILDREN DEFINED.—In this section,
the term ‘‘serious harm to children’’ includes the following:
(A) Caregiver child abuse involving physical abuse,
sexual abuse, emotional abuse, or neglect.
(B) Non-caregiver adult crimes against children.
(C) Serious harmful behaviors between children and
youth of a physical, sexual, or emotional nature.
(b) DATA COLLECTION AND TRACKING OF INCIDENTS OF HARM
TO CHILDREN.—
(1) NON-CAREGIVER ADULT CRIMES AGAINST CHILDREN.—The
Secretary of Defense shall establish a process for the Department of Defense to track reported covered incidents of serious
harm to children described in subsection (a)(2)(B) in which
the alleged offender is an adult who is not a parent, guardian,
or someone in a caregiving role at the time of the incident.
The information so tracked shall comport with the information
tracked by the Department in reported covered incidents of
serious harm to children in which the alleged offender is a
parent, guardian, or someone in a caregiving role at the time
of the incident.
(2) SERIOUS HARMFUL BEHAVIORS BETWEEN CHILDREN AND
YOUTH.—
(A) IN GENERAL.—The Secretary of Defense shall
develop and maintain in the Department of Defense a
centralized database to track incidents of serious harmful
behaviors between children and youth described in subsection (a)(2)(C), including information across the Department on problematic sexual behavior in children and youth
that are reported to an appropriate office, as determined
by the Secretary, or investigated by a military criminal
investigative organization, regardless of whether the

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10 USC 1787
note.

Database.
Determination.

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Deadline.
Time period.

Determination.

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Compliance.

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alleged offender was another child, an adult, or someone
in a non-caregiving role at the time of an incident.
(B) ELEMENTS.—The centralized database required by
this paragraph shall include, for each incident within the
database, the following:
(i) Information pertinent to a determination by
the Department on whether such incident meets the
definition of an incident of serious harmful behavior
between children and youth.
(ii) The results of any investigation of such incident
by a military criminal investigative organization.
(iii) Information on the ultimate disposition of the
incident, if any, including any administrative or prosecutorial action taken.
(C) ANNUAL REPORTS ON INFORMATION.—The information collected and maintained in the centralized database
required by this paragraph shall be reported on an annual
basis as part of the annual reports by the Secretary on
child abuse and domestic abuse in the military as required
by section 574 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).
(D) BRIEFINGS.—Not later than March 31, 2021, and
every six months thereafter until the centralized database
required by this paragraph is fully operational, the Secretary shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the status
of the database.
(3) DEPARTMENT OF DEFENSE REPORTING GUIDANCE.—The
Secretary of Defense shall issue guidance regarding which
incidents of serious harmful behavior between children and
youth require reporting to the Family Advocacy Program, a
military criminal investigative organization, or another component of the Department of Defense designated by the Secretary.
(c) RESPONSE PROCEDURES FOR INCIDENTS OF SERIOUS HARM
TO CHILDREN REPORTED TO FAMILY ADVOCACY PROGRAMS.—
(1) INCIDENT DETERMINATION COMMITTEE MEMBERSHIP.—
The Secretary of Defense shall ensure that the voting membership of each Incident Determination Committee, as defined
in paragraph (7), on a military installation includes medical
personnel with the knowledge and expertise required to determine whether a reported incident of serious harm to a child
meets the criteria of the Department of Defense for treatment
as child abuse.
(2) SCREENING REPORTED INCIDENTS OF SERIOUS HARM TO
CHILDREN.—
(A) DEVELOPMENT OF STANDARDIZED PROCESS.—The
Secretary of Defense shall develop a standardized process
by which the Family Advocacy Programs of the military
departments screen reported covered incidents of serious
harm to children to determine whether to present such
incident to an Incident Determination Committee.
(B) MONITORING.—The Secretary of each military
department shall develop a process to monitor the manner
in which reported incidents of serious harm to children
are screened by each installation under the jurisdiction
of such Secretary in order to ensure that such screening

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134 STAT. 3623

complies with the standardized screening process developed
pursuant to subparagraph (A).
(3) REQUIRED NOTIFICATIONS.—
(A) DOCUMENTATION.—The Secretary of each military
department shall require that installation Family Advocacy
Programs and military criminal investigative organizations
under the jurisdiction of such Secretary document in their
respective databases the date on which they notified the
other of a reported incident of serious harm to a child.
(B) OVERSIGHT.—The Secretary of each military department shall require that the Family Advocacy Program of
such military department, and the headquarters of the
military criminal investigative organizations of such military department, develop processes to oversee the documentation of notifications required by subparagraph (A)
in order to ensure that such notifications occur on a consistent basis at installation level.
(4) CERTIFIED PEDIATRIC SEXUAL ASSAULT FORENSIC EXAMINERS.—
(A) GEOGRAPHIC REGIONS FOR EXAMINERS.—The Secretary of Defense shall specify geographic regions in which
military families reside for purposes of the availability
of and access to certified pediatric sexual assault examiners
in such regions.
(B) AVAILABILITY.—The Secretary shall ensure that—
(i) one or more certified pediatric sexual assault
examiners are located in each geographic region specified pursuant to subparagraph (A); and
(ii) examiners so located serve as certified pediatric
sexual assault examiners throughout such region, without regard to Armed Force or installation.
(5) REMOVAL OF CHILDREN FROM UNSAFE HOMES OVERSEAS.—The Secretary of Defense shall issue policy that clarifies
and standardizes across the Armed Forces the circumstances
under which a commander may remove a child from a potentially unsafe home at an installation overseas.
(6) RESOURCE GUIDE FOR VICTIMS OF SERIOUS HARM TO
CHILDREN.—
(A) IN GENERAL.—The Secretary of each military
department shall develop and maintain a comprehensive
guide on resources available through the Department of
Defense and such military department for military families
under the jurisdiction of such Secretary who are victims
of serious harm to children.
(B) ELEMENTS.—Each guide under this paragraph shall
include the following:
(i) Information on the response processes of the
Family Advocacy Programs and military criminal
investigative organizations of the military department
concerned.
(ii) Lists of available support services, such as
legal, medical, and victim advocacy services, through
the Department of Defense and the military department concerned.

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Notification.

Memorandums.

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Deadline.

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(C) DISTRIBUTION.—A resource guide under this paragraph shall be presented to a military family by an installation Family Advocacy Program and military criminal investigative personnel when a covered incident of serious harm
to a child involving a child in such family is reported.
(D) AVAILABILITY ON INTERNET.—A current version of
each resource guide under this paragraph shall be available
to the public on an Internet website of the military department concerned available to the public.
(7) INCIDENT DETERMINATION COMMITTEE DEFINED.—In this
subsection, the term ‘‘Incident Determination Committee’’
means a committee established at a military installation that
is responsible for reviewing reported incidents of child abuse
and determining whether such incidents constitute serious
harm to children according to the applicable criteria of the
Department of Defense.
(d) COORDINATION AND COLLABORATION WITH NON-MILITARY
RESOURCES.—
(1) CONSULTATION WITH STATES.—The Secretary of Defense
shall—
(A) continue the outreach efforts of the Department
of Defense to the States in order to ensure that States
are notified when a member of the Armed Forces or a
military dependent is involved in a reported incident of
serious harm to a child off a military installation; and
(B) increase efforts at information sharing between
the Department and the States on such incidents of serious
harm to children, including entry into memoranda of understanding with State child welfare agencies on information
sharing in connection with such incidents.
(2) COLLABORATION WITH NATIONAL CHILDREN’S ALLIANCE.—
(A) MEMORANDA OF UNDERSTANDING.—The Secretary
of each military department shall seek to enter into a
memorandum of understanding with the National Children’s Alliance, or similar organization, under which—
(i) the children’s advocacy center services of the
Alliance are available to all installations in the continental United States under the jurisdiction of such
Secretary; and
(ii) members of the Armed Forces under the jurisdiction of such Secretary are made aware of the nature
and availability of such services.
(B) PARTICIPATION OF CERTAIN ENTITIES.—Each memorandum of understanding under this paragraph shall provide for the appropriate participation of the Family
Advocacy Program and military criminal investigative
organizations of the military department concerned in
activities under such memorandum of understanding.
(C) BRIEFING.—Not later than one year after the date
of the enactment of this Act, the Secretary of each military
department shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
a briefing on the status of the development of a memorandum of understanding with the National Children’s Alliance under this paragraph, together with information on
which installations, if any, under the jurisdiction of such
Secretary have entered into a written agreement with a

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local children’s advocacy center with respect to serious
harm to children on such installations.

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SEC. 549C. INDEPENDENT ANALYSIS AND RECOMMENDATIONS ON
DOMESTIC VIOLENCE IN THE ARMED FORCES.

(a) ANALYSIS AND RECOMMENDATIONS.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into a contract or other agreement with an appropriate
entity in the private sector (including a Federally funded
research and development center) for the conduct of an analysis
and the development of recommendations on means to improve
the effectiveness of the covered Armed Forces in responding
to and preventing domestic violence.
(2) EXPERTISE.—The entity with which the Secretary enters
into a contract or agreement pursuant to this section shall
have expertise in—
(A) scientific and other research relating to domestic
violence; and
(B) science-based strategies for the prevention, intervention, and response to domestic violence.
(b) SCOPE OF ANALYSIS AND RECOMMENDATIONS.—Under the
contract or agreement entered into pursuant to subsection (a), the
entity concerned shall analyze and develop recommendations for
the Secretary with respect to each of the following:
(1) The risk of domestic violence at various stages of military service, including identification of—
(A) stages at which there is a higher than average
risk of domestic violence; and
(B) stages at which the implementation of domestic
violence prevention strategies may have the greatest
preventive effect.
(2) The use and dissemination of domestic violence prevention resources throughout the stages of military service,
including providing new members with training in domestic
violence prevention.
(3) Best practices for the targeting of domestic violence
prevention resources toward those with a higher risk of
domestic violence.
(4) Strategies to prevent domestic violence by training,
educating, and assigning prevention-related responsibilities
to—
(A) commanders;
(B) medical, behavioral, and mental health service providers;
(C) family advocacy program representatives;
(D) Military Family Life Consultants; and
(E) other individuals and entities with responsibilities
that may be relevant to addressing domestic violence.
(5) The efficacy of providing survivors of domestic violence
with the option to request expedited transfers, and the effects
of such transfers.
(6) Improvements to procedures for reporting appropriate
legal actions to the National Crime Information Center, and
the efficacy of such procedures.
(7) The effects of domestic violence on—
(A) housing for military families;
(B) the education of military dependent children;

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Contracts.

Strategies.

Procedures.

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List.

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(C) member work assignments and careers; and
(D) the health of members and their families, including
short-term and long-term health effects and effects on
mental health.
(8) Age-appropriate training and education programs for
students attending schools operated by the Department of
Defense Education Activity that are designed to assist such
students in learning positive relationship behaviors in families
and with intimate partners.
(9) The potential effects of requiring military protective
orders to be issued by a military judge, including whether
such a requirement would increase the enforcement of military
protective orders by civilian law enforcement agencies outside
the boundaries of military installations.
(10) Whether prevention of domestic violence would be
enhanced by raising the disposition authority for offenses of
domestic violence to an officer who is—
(A) in grade 0–6 or above;
(B) in the chain of command of the accused; and
(C) authorized by chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), to convene
special courts martial.
(11) Means of improving access to resources for survivors
of domestic violence throughout the stages of military service.
(12) Any other matters the Secretary specifies in the contract or agreement with respect to—
(A) decreasing the frequency of domestic violence committed by or upon members of the covered Armed Forces
and their dependents; and
(B) reducing the severity of such violence.
(c) ACCESS TO INFORMATION AND FACILITIES.—The Secretary
shall provide the entity with which the Secretary contracts or
enters into an agreement pursuant to subsection (a) such access
to information and facilities of the Department of Defense as the
Secretary and the entity jointly consider appropriate for the analysis
and development of recommendations required by the contract.
(d) REPORT TO SECRETARY OF DEFENSE.—
(1) IN GENERAL.—The contract or agreement pursuant to
subsection (a) shall require the entity with which the Secretary
contracts or enters into agreement to submit to the Secretary
a report on the analysis conducted and recommendations developed by the entity under the contract or agreement by not
later than one year after the date of entry into the contract
or agreement.
(2) ELEMENTS.—The report required pursuant to paragraph
(1) shall include the following:
(A) A comprehensive description of the analysis conducted by the entity concerned under the contract or agreement.
(B) A list of the recommendations developed by the
entity, including, for each such recommendation, a justification for such recommendation.
(C) Such other matters as the Secretary shall specify
in the contract or agreement.
(e) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 180 days after receipt
of the report required pursuant to subsection (d), the Secretary

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134 STAT. 3627

shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on means to improve
the effectiveness of the covered Armed Forces in responding
to and preventing domestic violence.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) The report received by the Secretary pursuant to
subsection (d).
(B) For each recommendation included in the report
pursuant to subsection (d) by reason of paragraph (2)(B)
of that subsection—
(i) an assessment by the Secretary of the feasibility
and advisability of implementing such recommendation; and
(ii) if the Secretary considers the implementation
of such recommendation feasible and advisable, a
description of the actions taken, or to be taken, to
implement such recommendation.
(C) Such other matters relating to the improvement
of the effectiveness of the covered Armed Forces in
responding to and preventing domestic violence as the Secretary considers appropriate in light of the report pursuant
to subsection (d).
(f) FUNDING.—Of the amount authorized to be appropriated
for fiscal year 2021 for the Department of Defense by section 301
and available for operation and maintenance, Defense wide, as
specified in the funding table in section 4301, $1,000,000 shall
be available for contract or agreement entered into pursuant to
subsection (a).
(g) COVERED ARMED FORCES DEFINED.—In this section, the
term ‘‘covered Armed Forces’’ means the Army, the Navy, the Air
Force, and the Marine Corps.

Assessment.

Subtitle F—Diversity and Inclusion

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SEC. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS
AND RELATED MATTERS.

(a) STANDARD DIVERSITY AND INCLUSION METRICS AND ANNUAL
REPORT REQUIREMENTS.—
(1) IN GENERAL.—Section 113 of title 10, United States
Code, is amended—
(A) in subsection (c)—
(i) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(ii) by inserting after paragraph (1) the following
new paragraph (2):
‘‘(2) a report from each military department on the status
of diversity and inclusion in such department;’’;
(B) in subsection (g)(1)(B), by inserting after clause
(vi), the following new clause (vii):
‘‘(vii) Strategic goals related to diversity and inclusion in
the armed forces, and an assessment of measures of performance related to the efforts of the armed forces to reflect the
diverse population of the United States eligible to serve in
the armed forces.’’;

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134 STAT. 3628

Coordination.

Data.

Analysis.
Reviews.

Plans.

Plans.

Time period.
Assessment.
Recommendations.

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Coordination.
Reports.

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(C) by redesignating subsections (m) and (n) as subsections (n) and (o), respectively; and
(D) by inserting after subsection (k) the following new
subsections (l) and (m):
‘‘(l)(1) The Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating,
shall establish metrics to measure—
‘‘(A) efforts to reflect across all grades comprising the officer
and enlisted corps of each armed force the diverse population
of the United States eligible to serve in the armed forces;
and
‘‘(B) the efforts of the armed forces to generate and maintain a ready military force that will prevail in war, prevent
and deter conflict, defeat adversaries, and succeed in a wide
range of contingencies.
‘‘(2) In implementing the requirement in paragraph (1), the
Secretary of Defense, in coordination with the Secretary of the
Department in which the Coast Guard is operating, shall—
‘‘(A) ensure that data elements, data collection methodologies, and reporting processes and structures pertinent to each
metric established pursuant to that paragraph are comparable
across the armed forces, to the extent practicable;
‘‘(B) establish standard classifications that members of the
armed forces may use to self-identify their gender, race, or
ethnicity, which classifications shall be consistent with Office
of Management and Budget Number Directive 15, entitled ‘Race
and Ethnic Standards for Federal Statistics and Administrative
Reporting’, or any successor directive;
‘‘(C) define conscious and unconscious bias with respect
to matters of diversity and inclusion, and provide guidance
to eliminate such bias;
‘‘(D) conduct a barrier analysis to review demographic
diversity patterns across the military life cycle, starting with
enlistment or accession into the armed forces, in order to—
‘‘(i) identify barriers to increasing diversity;
‘‘(ii) develop and implement plans and processes to
resolve or eliminate any barriers to diversity; and
‘‘(iii) review the progress of the armed forces in implementing previous plans and processes to resolve or eliminate barriers to diversity;
‘‘(E) develop and implement plans and processes to ensure
that advertising and marketing to promote enlistment or accession into the armed forces is representative of the diverse
population of the United States eligible to serve in the armed
forces; and
‘‘(F) meet annually with the Secretaries of the military
departments, the Chairman of the Joint Chiefs of Staff, and
the Chiefs of Staff of the Armed Forces to assess progress
toward diversity and inclusion across the armed forces and
to elicit recommendations and advice for enhancing diversity
and inclusion in the armed forces
‘‘(m) Accompanying each national defense strategy provided
to the congressional defense committees in accordance with subsection (g)(1)(D), the Secretary of Defense, in coordination with
the Secretary of the Department in which the Coast Guard is
operating, shall provide a report that sets forth a detailed discussion, current as of the preceding fiscal year, of the following:

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134 STAT. 3629

‘‘(1) The number of officers and enlisted members of the
armed forces, including the reserve components, disaggregated
by gender, race, and ethnicity, for each grade in each armed
force.
‘‘(2) The number of members of the armed forces, including
the reserve components, who were promoted during the fiscal
year covered by such report, disaggregated by gender, race,
and ethnicity, for each grade in each armed force, and of the
number so promoted, the number promoted below, in, and
above the applicable promotion zone.
‘‘(3) The number of members of the armed forces, including
the reserve components, who were enlisted or accessed into
the armed forces during the fiscal year covered by such report,
disaggregated by gender, race, and ethnicity, in each armed
force.
‘‘(4) The number of graduates of each military service
academy during the fiscal year covered by such report,
disaggregated by gender, race, and ethnicity, for each military
department and the United States Coast Guard.
‘‘(5) The number of members of the armed forces, including
the reserve components, who reenlisted or otherwise extended
a commitment to military service during the fiscal year covered
by such report, disaggregated by gender, race, and ethnicity,
for each grade in each armed force.
‘‘(6) An assessment of the pool of officers best qualified
for promotion to grades O–9 and O–10, disaggregated by gender,
race, and ethnicity, in each military department and the United
States Coast Guard.
‘‘(7) Any other matter the Secretary considers appropriate.’’.
(2) PUBLIC AVAILABILITY OF REPORTS.—Not later than 72
hours after submitting to the congressional defense committees
a report required by subsection (m) of section 113 of title
10, United States Code (as amended by paragraph (1)), the
Secretary of Defense shall make the report available on an
Internet website of the Department of Defense available to
the public. In so making a report available, the Secretary
shall ensure that any data included in the report is made
available in a machine-readable format that is downloadable,
searchable, and sortable.
(3) CONSTRUCTION OF METRICS.—
(A) WITH MERIT-BASED PROCESSES.—Any metric established pursuant to subsection (l) of section 113 of title
10, United States Code (as so amended), may not be used
in a manner that undermines the merit-based processes
of the Department of Defense and the Coast Guard,
including such processes for accession, retention, and promotion.
(B) WITH OTHER MATTERS.—Any such metric may not
be used to identify or specify specific quotas based upon
diversity characteristics. The Secretary concerned shall continue to account for diversified language and cultural skills
among the total force of the Armed Forces.
(4) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 115a of title 10, United States Code, is amended—
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection (g).

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Assessment.

Deadline.
Web posting.
10 USC 113 note.

Data.

10 USC 113 note.

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PUBLIC LAW 116–283—JAN. 1, 2021

(b) REQUIREMENT TO CONSIDER ALL BEST QUALIFIED OFFICERS
PROMOTION TO O–9 AND O–10 GRADES.—
(1) IN GENERAL.—Section 601 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(e) Prior to making a recommendation to the Secretary of
Defense for the nomination of an officer for appointment to a
position of importance and responsibility under this section, which
appointment would result in the initial appointment of the officer
concerned in the grade of lieutenant general or general in the
Army, Air Force, or Marine Corps, vice admiral or admiral in
the Navy, or the commensurate grades in the Space Force, the
Secretary concerned shall consider all officers determined to be
among the best qualified for such position.’’.
(2) COAST GUARD.—Section 305(a) of title 14, United States
Code, is amended by adding at the end the following new
paragraph:
‘‘(4) Prior to making a recommendation to the President for
the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment
would result in the initial appointment of the officer concerned
in the grade of vice admiral, the Commandant shall consider all
officers determined to be among the best qualified for such position.’’.
(c) REPORT ON FINDINGS OF DEFENSE BOARD ON DIVERSITY
AND INCLUSION IN THE MILITARY.—
(1) IN GENERAL.—Upon the completion by the Defense
Board on Diversity and Inclusion in the Military of its report
on actionable recommendations to increase diversity and ensure
equal opportunity across all grades of the Armed Forces, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the report of the Defense Board, including the findings
and recommendations of the Defense Board.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A comprehensive description of the findings and
recommendations of the Defense Board in its report
referred to in paragraph (1).
(B) A comprehensive description of any actionable recommendations of the Defense Board in its report.
(C) A description of the actions proposed to be undertaken by the Secretary in connection with such recommendations, and a timeline for implementation of such
actions.
(D) Any data used by the Defense Board and in the
development of its findings and recommendations.
(E) A description of the resources used by the Defense
Board for its report, and a description and assessment
of any shortfalls in such resources for purposes of the
Defense Board.
(d) DEFENSE ADVISORY COMMITTEE ON DIVERSITY AND INCLUSION IN THE ARMED FORCES MATTERS.—
(1) REPORT.—At the same time the Secretary of Defense
submits the report required by subsection (c), the Secretary
shall also submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
FOR

Recommendations.

Timeline.

Data.

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Assessment.

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Defense Advisory Committee on Diversity and Inclusion in
the Armed Forces.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) The mission statement or purpose of the Advisory
Committee, and any proposed objectives and goals of the
Advisory Committee.
(B) A description of current members of the Advisory
Committee and the criteria used for selecting members.
(C) A description of the duties and scope of activities
of the Advisory Committee.
(D) The reporting structure of the Advisory Committee.
(E) An estimate of the annual operating costs and
staff years of the Advisory Committee.
(F) An estimate of the number and frequency of
meetings of the Advisory Committee.
(G) Any subcommittees, established or proposed, that
would support the Advisory Committee.
(3) NOTICE AND WAIT ON DISSOLUTION.—The Secretary may
not dissolve the Defense Advisory Committee on Diversity and
Inclusion in the Armed Forces until 60 days after the date
on which the Secretary submits to the committees of Congress
specified in paragraph (1) a notice on the dissolution of the
Advisory Committee.

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SEC. 552. NATIONAL EMERGENCY EXCEPTION FOR TIMING REQUIREMENTS WITH RESPECT TO CERTAIN SURVEYS OF MEMBERS OF THE ARMED FORCES.

(a) MEMBERS OF REGULAR AND RESERVE COMPONENTS.—Subsection (d) of section 481 of title 10, United States Code, is amended
to read as follows:
‘‘(d) WHEN SURVEYS REQUIRED.—(1) The Armed Forces Workplace and Gender Relations Surveys of the Active Duty and the
Armed Forces Workplace and Gender Relations Survey of the
Reserve Components shall each be conducted once every two years.
The surveys may be conducted within the same year or in two
separate years, and shall be conducted in a manner designed to
reduce the burden of the surveys on members of the armed forces.
‘‘(2) The two Armed Forces Workplace and Equal Opportunity
Surveys shall be conducted at least once every four years. The
surveys may be conducted within the same year or in two separate
years, and shall be conducted in a manner designed to reduce
the burden of the surveys on members of the armed forces.
‘‘(3)(A) The Secretary of Defense may postpone the conduct
of a survey under this section if the Secretary determines that
conducting such survey is not practicable due to a war or national
emergency declared by the President or Congress.
‘‘(B) The Secretary shall ensure that a survey postponed under
subparagraph (A) is conducted as soon as practicable after the
end of the period of war or national emergency concerned, or earlier
if the Secretary determines appropriate.
‘‘(C) The Secretary shall notify Congress of a determination
under subparagraph (A) not later than 30 days after the date
on which the Secretary makes such determination.’’.
(b) CADETS AND MIDSHIPMEN.—

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Cost estimate.
Estimate.

Time period.

Determinations.
Notifications.
Deadlines.
Assessments.

Time period.

Time period.

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134 STAT. 3632

PUBLIC LAW 116–283—JAN. 1, 2021

(1) UNITED STATES MILITARY ACADEMY.—Section 7461(c) of
title 10, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(3)(A) The Secretary of Defense may postpone the conduct
of an assessment under this subsection if the Secretary determines
that conducting such assessment is not practicable due to a war
or national emergency declared by the President or Congress.
‘‘(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency
concerned, or earlier if the Secretary determines appropriate.
‘‘(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after
the date on which the Secretary makes such determination.’’.
(2) UNITED STATES NAVAL ACADEMY.—Section 8480(c) of
such title is amended by adding at the end the following new
paragraph:
‘‘(3)(A) The Secretary of Defense may postpone the conduct
of an assessment under this subsection if the Secretary determines
that conducting such assessment is not practicable due to a war
or national emergency declared by the President or Congress.
‘‘(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency
concerned, or earlier if the Secretary determines appropriate.
‘‘(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after
the date on which the Secretary makes such determination.’’.
(3) UNITED STATES AIR FORCE ACADEMY.—Section 9461(c)
of such title is amended by adding at the end the following
new paragraph:
‘‘(3)(A) The Secretary of Defense may postpone the conduct
of an assessment under this subsection if the Secretary determines
that conducting such assessment is not practicable due to a war
or national emergency declared by the President or Congress.
‘‘(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency
concerned, or earlier if the Secretary determines appropriate.
‘‘(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after
the date on which the Secretary makes such determination.’’.
(c) DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.—Section
481a of title 10, United States Code, is amended by adding at
the end the following new subsection:
‘‘(d) POSTPONEMENT.—(1) The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary
determines that conducting such survey is not practicable due to
a war or national emergency declared by the President or Congress.
‘‘(2) The Secretary shall ensure that a survey postponed under
paragraph (1) is conducted as soon as practicable after the end
of the period of war or national emergency concerned, or earlier
if the Secretary determines appropriate.
‘‘(3) The Secretary shall notify Congress of a determination
under paragraph (1) not later than 30 days after the date on
which the Secretary makes such determination.’’.

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134 STAT. 3633

SEC. 553. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND
SUPREMACISM IN WORKPLACE SURVEYS ADMINISTERED
BY THE SECRETARY OF DEFENSE.

Section 593 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92) is amended—
(1) by inserting ‘‘(a) QUESTIONS REQUIRED.—’’ before ‘‘The
Secretary’’;
(2) in paragraph (1), by inserting ‘‘, racist, anti-Semitic,
or supremacist’’ after ‘‘extremist’’; and
(3) by adding at the end the following new subsection:
‘‘(b) BRIEFING.—Not later than March 1, 2021, the Secretary
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing including—
‘‘(1) the text of the questions included in surveys under
subsection (a); and
‘‘(2) which surveys include such questions.’’.
SEC. 554. INSPECTOR GENERAL OVERSIGHT OF DIVERSITY AND INCLUSION IN DEPARTMENT OF DEFENSE; SUPREMACIST,
EXTREMIST, OR CRIMINAL GANG ACTIVITY IN THE ARMED
FORCES.

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(a) ESTABLISHMENT OF ADDITIONAL DEPUTY INSPECTOR
ERAL OF THE DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—Not later than 90 days after the

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133 Stat. 1415.

Deadline.

10 USC 141 note.

GEN-

date
of the enactment of this Act, the Secretary of Defense shall
appoint, in the Office of the Inspector General of the Department of Defense, an additional Deputy Inspector General who—
(A) shall be a member of the Senior Executive Service
of the Department; and
(B) shall report directly to and serve under the
authority, direction, and control of the Inspector General.
(2) DUTIES.—Subject to the Inspector General Act of 1978
(Public Law 95–452; 5 U.S.C. App.), the Deputy Inspector General shall have the following duties:
(A) Conducting and supervising audits, investigations,
and evaluations of policies, programs, systems, and processes of the Department—
(i) to determine the effect of such policies, programs, systems, and processes regarding personnel on
diversity and inclusion in the Department; and
(ii) to prevent and respond to supremacist,
extremist, and criminal gang activity of a member
of the Armed Forces, including the duties of the
Inspector General under subsection (b).
(B) Additional duties prescribed by the Secretary or
Inspector General.
(3) COORDINATION OF EFFORTS.—In carrying out the duties
under paragraph (2), the Deputy Inspector General shall coordinate with, and receive the cooperation of the following:
(A) The Inspector General of the Army.
(B) The Inspector General of the Navy.
(C) The Inspector General of the Air Force.
(D) The other Deputy Inspectors General of the Department.
(4) REPORTS.—
(A) ONE-TIME REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Inspector General

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Appointment.

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134 STAT. 3634

Summary.

Recommendations.

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Public
information.
Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021

shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
describing, with respect to the Deputy Inspector General
appointed under this subsection:
(i) the duties and responsibilities to be assigned
to such Deputy Inspector General;
(ii) the organization, structure, staffing, and
funding of the office established to support such Deputy
Inspector General in the execution of such duties and
responsibilities;
(iii) challenges to the establishment of such Deputy
Inspector General and such office, including any shortfalls in personnel and funding; and
(iv) the date by which the Inspector General
expects such Deputy Inspector General and the office
will reach full operational capability.
(B) SEMIANNUAL REPORTS.—Not later than 30 days
after the end of the second and fourth quarters of each
fiscal year beginning in fiscal year 2022, the Deputy
Inspector General shall submit to the Secretary and the
Inspector General a report including a summary of the
activities of the Deputy Inspector General during the two
fiscal quarters preceding the date of the report.
(C) ANNUAL REPORTS.—The Deputy Inspector General
shall submit, through the Secretary and Inspector General,
to the Committees on Armed Services of the Senate and
the House of Representatives annual reports presenting
findings and recommendations regarding—
(i) the effects of policies, programs, systems, and
processes of the Department, regarding personnel, on
diversity and inclusion in the Department; and
(ii) the effectiveness of such policies, programs,
systems, and processes in preventing and responding
to supremacist, extremist, and criminal gang activity
of a member of the Armed Forces.
(D) OCCASIONAL REPORTS.—The Deputy Inspector General shall, from time to time, submit to the Secretary
and the Inspector General additional reports as the Secretary or Inspector General may direct.
(E) ONLINE PUBLICATION.—The Deputy Inspector General shall publish each report under this paragraph on
a publicly accessible website of the Department not later
than 21 days after submitting such report to the Secretary,
Inspector General, or the Committees on Armed Services
of the Senate and the House of Representatives.
(b) ESTABLISHMENT OF STANDARD POLICIES, PROCESSES,
TRACKING MECHANISMS, AND REPORTING REQUIREMENTS FOR
SUPREMACIST, EXTREMIST, AND CRIMINAL GANG ACTIVITY IN CERTAIN ARMED FORCES.—
(1) IN GENERAL.—The Secretary of Defense shall establish
policies, processes, and mechanisms, standard across the covered Armed Forces, that ensure that—
(A) all allegations (and related information) that a
member of a covered Armed Force has engaged in a prohibited activity, are referred to the Inspector General of the
Department of Defense;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3635

(B) the Inspector General can document and track
the referral, for purposes of an investigation or inquiry
of an allegation described in paragraph (1), to—
(i) a military criminal investigative organization;
(ii) an inspector general;
(iii) a military police or security police organization;
(iv) a military commander;
(v) another organization or official of the Department; or
(vi) a civilian law enforcement organization or official;
(C) the Inspector General can document and track
the referral, to a military commander or other appropriate
authority, of the final report of an investigation or inquiry
described in subparagraph (B) for action;
(D) the Inspector General can document the determination of whether a member described in subparagraph (A)
engaged in prohibited activity;
(E) the Inspector General can document whether a
member of a covered Armed Force was subject to action
(including judicial, disciplinary, adverse, or corrective
administrative action) or no action, as the case may be,
based on a determination described in subparagraph (D);
and
(F) the Inspector General can provide, or track the
referral to a civilian law enforcement agency of, any
information described in this paragraph.
(2) REPORT.—Not later than December 1 of each year beginning after the date of the enactment of this Act, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on the policies, processes, and mechanisms
implemented under paragraph (1). Each report shall include,
with respect to the fiscal year preceding the date of the report,
the following:
(A) The total number of referrals received by the
Inspector General under paragraph (1)(A);
(B) The total number of investigations and inquiries
conducted pursuant to a referral described in paragraph
(1)(B);
(C) The total number of members of a covered Armed
Force who, on the basis of determinations described in
paragraph (1)(D) that the members engaged in prohibited
activity, were subject to action described in paragraph
(1)(E), including—
(i) court-martial,
(ii) other criminal prosecution,
(iii) non-judicial punishment under Article 15 of
the Uniform Code of Military Justice; or
(iv) administrative action, including involuntary
discharge from the Armed Forces, a denial of reenlistment, or counseling.
(D) The total number of members of a covered Armed
Force described in paragraph (1)(A) who were not subject
to action described in paragraph (1)(E), notwithstanding
determinations described in paragraph (1)(D) that such
members engaged in prohibited activity.

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134 STAT. 3636

PUBLIC LAW 116–283—JAN. 1, 2021
(E) The total number of referrals described in paragraph (1)(F).
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘appropriate congressional committees’’
means—
(i) the Committee on the Judiciary and the Committee on Armed Services of the Senate; and
(ii) the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives.
(B) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(C) The term ‘‘prohibited activity’’ means an activity
prohibited under Department of Defense Instruction
1325.06, titled ‘‘Handling Dissident and Protest Activities
Among Members of the Armed Forces’’, or any successor
instruction.

SEC. 555. POLICY TO IMPROVE RESPONSES TO PREGNANCY AND
CHILDBIRTH BY CERTAIN MEMBERS OF THE ARMED
FORCES.

10 USC 1030
note prec.

Determinations.

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(a) POLICY REQUIRED.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop
a policy to ensure that the career of a member of the Armed
Forces is not unduly affected because the member is a covered
member. The policy shall address the following:
(1) Enforcement and implementation of the applicable
requirements of the Pregnancy Discrimination Act (Public Law
95–555; 42 U.S.C. 2000e(k)).
(2) The need for individual determinations regarding the
ability of members of the Armed Forces to serve during and
after pregnancy.
(3) Responses to the effects specific to covered members
who reintegrate into home life after deployment.
(4) Education and training on pregnancy discrimination
to diminish stigma, stereotypes, and negative perceptions
regarding covered members, including with regards to commitment to the Armed Forces and abilities.
(5) Opportunities to maintain readiness when positions
are unfilled due to pregnancy, medical conditions arising from
pregnancy or childbirth, pregnancy convalescence, or parental
leave.
(6) Reasonable accommodations for covered members in
general and specific accommodations based on career field or
military occupational specialty.
(7) Consideration of deferments at military educational
institutions for covered members.
(8) Extended assignments and performance reporting
periods for covered members.
(9) A mechanism by which covered members may report
harassment or discrimination, including retaliation, relating
to being a covered member.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3637

(1) a briefing summarizing the policy developed under this
section; and
(2) a copy of the policy.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered member’’ means a member of an
Armed Force under the jurisdiction of the Secretary of a military department who—
(A) is pregnant;
(B) gives birth to a child; or
(C) incurs a medical condition arising from pregnancy
or childbirth.
(2) The term ‘‘military educational institution’’ means a
postsecondary educational institution established within the
Department of Defense.
SEC. 556. TRAINING ON CERTAIN DEPARTMENT OF DEFENSE INSTRUCTIONS FOR MEMBERS OF THE ARMED FORCES.

10 USC 1030
note prec.

In accordance with Department of Defense Instruction 1300.17,
dated September 1, 2020, and applicable law, the Secretary of
Defense shall implement training on relevant Federal statutes,
Department of Defense Instructions, and the regulations of each
military department, including the responsibility of commanders
to maintain good order and discipline.

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SEC. 557. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION
IN CERTAIN UNITS OF THE ARMED FORCES.

(a) STUDY REQUIRED.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Personnel and Readiness shall seek to enter into an agreement with a federally funded research and development center
with relevant expertise to conduct an evaluation of the barriers
to minority participation in covered units of the Armed Forces.
(2) ELEMENTS.—The evaluation required under paragraph
(1) shall include the following elements:
(A) A description of the racial, ethnic, and gender
composition of covered units.
(B) A comparison of the participation rates of minority
populations in covered units to participation rates of the
general population as members and as officers of the Armed
Forces.
(C) A comparison of the percentage of minority officers
in the grade of O–7 or higher who have served in each
covered unit to such percentage for all such officers in
the Armed Force of that covered unit.
(D) An identification of barriers to minority (including
English language learners) participation in the recruitment, accession, assessment, and training processes.
(E) The status and effectiveness of the response to
the recommendations contained in the report of the RAND
Corporation titled ‘‘Barriers to Minority Participation in
Special Operations Forces’’ and any follow-up recommendations.
(F) Recommendations to increase the numbers of
minority officers in the Armed Forces.
(G) Recommendations to increase minority participation in covered units.

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10 USC 501 note
prec.
Deadline.
Contracts.

Recommendations.
Recommendations.

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134 STAT. 3638

Briefings.

Deadline.

Notice.
Deadline.

Notice.
Deadline.

Summary.

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Summary.

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PUBLIC LAW 116–283—JAN. 1, 2021

(H) Any other matters the Secretary determines appropriate.
(3) REPORT TO CONGRESS.—The Secretary shall—
(A) submit to the congressional defense committees
a report on the results of the study by not later than
January 1, 2022; and
(B) provide interim briefings to such committees upon
request.
(b) DESIGNATION.—The study conducted under subsection (a)
shall be known as the ‘‘Study on Reducing Barriers to Minority
Participation in Elite Units in the Armed Services’’.
(c) IMPLEMENTATION REQUIRED.—
(1) IN GENERAL.—Except as provided in paragraph (2), not
later than March 1, 2023, the Secretary of Defense shall commence the implementation of each recommendation included
in the final report submitted under subsection (a)(3).
(2) EXCEPTIONS.—
(A) DELAYED IMPLEMENTATION.—The Secretary of
Defense may commence implementation of a recommendation described paragraph (1) later than March 1, 2023,
if—
(i) the Secretary submits to the congressional
defense committees, not later than January 1, 2023,
written notice of the intent of the Secretary to delay
implementation of the recommendation; and
(ii) includes, as part of such notice, a specific justification for the delay in implementing the recommendation.
(B) NONIMPLEMENTATION.—The Secretary of Defense
may elect not to implement a recommendation described
in paragraph (1), if—
(i) the Secretary submits to the congressional
defense committees, not later than January 1, 2023,
written notice of the intent of the Secretary not to
implement the recommendation; and
(ii) includes, as part of such notice—
(I) the reasons for the Secretary’s decision not
to implement the recommendation; and
(II) a summary of alternative actions the Secretary will carry out to address the purposes
underlying the recommendation.
(3) IMPLEMENTATION PLAN.—For each recommendation that
the Secretary implements under this subsection, the Secretary
shall submit to the congressional defense committees an
implementation plan that includes—
(A) a summary of actions the Secretary has carried
out, or intends to carry out, to implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(d) COVERED UNITS DEFINED.—In this section, the term ‘‘covered units’’ means the following:
(1) Army Special Forces.
(2) Army Rangers.
(3) Navy SEALs.
(4) Air Force Combat Control Teams.
(5) Air Force Pararescue.

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134 STAT. 3639

(6) Air Force Special Reconnaissance.
(7) Marine Raider Regiments.
(8) Marine Corps Force Reconnaissance.
(9) Coast Guard Maritime Security Response Team.
(10) Any other forces designated by the Secretary of
Defense as special operations forces.
(11) Pilot and navigator military occupational specialties.
SEC. 558. COMPTROLLER GENERAL OF THE UNITED STATES REPORT
ON EQUAL OPPORTUNITY AT THE MILITARY SERVICE
ACADEMIES.

Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report that the following:
(1) The aggregate number of equal opportunity claims filed
with respect to each military service academy during 2019
and 2020.
(2) Of the number of claims specified pursuant to paragraph
(1) for each military service academy, the number of such
claims that were substantiated.
(3) The results of any completed climate survey of cadets
or midshipmen, as applicable, conducted by each military
service academy, and any authorized organization external to
such military service academy, during the two-year period
ending on December 31, 2020 (or such longer period the Comptroller General determines appropriate).
(4) An analysis of the data reported pursuant to paragraphs
(1) through (3), an assessment whether the data indicates one
or more trends in equal opportunity at the military service
academies, and, if so, a description and assessment of each
such trend.
(5) A description and assessment of the Equal Opportunity
programs and other programs to improve the climate of each
military service academy, based on matters raised by equal
opportunity claims, climate surveys, and such other evidence
or assessments the Comptroller General determines appropriate, including an assessment whether such programs address
trends identified pursuant to the analysis conducted for purposes of paragraph (4).

Surveys.
Time period.

Analysis.
Assessment.

Assessment.

Subtitle G—Decorations and Awards

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SEC. 561. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR
MEDALS.

(a) IN GENERAL.—Section 584(f) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1281) is amended by striking ‘‘five’’ and inserting ‘‘six’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if enacted on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1281).

10 USC 7271
note.
10 USC 7271
note.

SEC. 562. AUTHORIZATIONS FOR CERTAIN AWARDS.

President.

(a) DISTINGUISHED-SERVICE CROSS TO RAMIRO F. OLIVO
ACTS OF VALOR DURING THE VIETNAM WAR.—

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134 STAT. 3640

PUBLIC LAW 116–283—JAN. 1, 2021

(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Distinguished-Service Cross under
section 7272 of such title to Ramiro F. Olivo for the acts
of valor described in paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Ramiro F. Olivo on May
9, 1968, as a member of the Army serving in the Republic
of Vietnam.
(b) MEDAL OF HONOR TO RALPH PUCKETT, JR., FOR ACTS OF
VALOR DURING THE KOREAN WAR.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271
of such title to Ralph Puckett, Jr. for the acts of valor described
in paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Ralph Puckett, Jr. on
November 25 and 26, 1950, as a member of the Army serving
in Korea, for which he was awarded the Distinguished-Service
Cross.
(c) MEDAL OF HONOR TO DWIGHT M. BIRDWELL FOR ACTS OF
VALOR DURING THE VIETNAM WAR.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271
of such title to Dwight M. Birdwell for the acts of valor
described in paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Dwight M. Birdwell on
January 31, 1968, as a member of the Army serving in the
Republic of Vietnam, for which he was awarded the Silver
Star.
(d) MEDAL OF HONOR TO ALWYN C. CASHE FOR ACTS OF VALOR
DURING OPERATION IRAQI FREEDOM.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271
of such title to Alwyn C. Cashe for the acts of valor described
in paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Alwyn C. Cashe on October
17, 2005, as a member of the Army serving in Iraq in support
of Operation Iraqi Freedom, for which he was posthumously
awarded the Silver Star.
(e) MEDAL OF HONOR TO EARL D. PLUMLEE FOR ACTS OF VALOR
DURING OPERATION ENDURING FREEDOM.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or

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134 STAT. 3641

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271
of such title to Earl D. Plumlee for the acts of valor described
in paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Earl D. Plumlee on August
28. 2013, as a member of the Army serving in Afghanistan
in support of Operation Enduring Freedom, for which he was
awarded the Silver Star.
SEC. 563. FEASIBILITY STUDY ON ESTABLISHMENT OF SERVICE MEDAL
FOR RADIATION-EXPOSED VETERANS.

(a) STUDY REQUIRED; REPORT.—Not later than May 1, 2021,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing the results of a study assessing the feasibility of establishing a service medal to award to radiation-exposed veterans.
(b) ELEMENTS.—The report shall contain the following:
(1) An analysis of how the decorations and awards of the
Department of Defense have been updated to reflect the nature
of military service across generations and conflicts.
(2) An assessment of the conditions of service of radiationexposed veterans.
(3) Any plan of the Secretary to recognize (by means of
a decoration or award) current, retired, or former members
of the Armed Forces exposed to toxic materials or environments
in the course of military service, including radiation-exposed
veterans.
(4) An assessment of the feasibility of establishing an
atomic veterans service device to be added to the National
Defense Service Medal or another appropriate medal.
(5) A determination of the direct or indirect costs to the
Department that would arise from the establishment of such
a device or other appropriate medal.
(6) Any other element the Secretary determines appropriate.
(c) MEETING REQUIRED.—In the course of the feasibility study,
the Secretary shall hold no fewer than one meeting with representatives of organizations that advocate for radiation-exposed veterans
(including leadership of the National Association of Atomic Veterans, Inc.) to discuss the study and to work with such organizations
on steps towards a mutually agreeable and timely recognition of
the valued service of radiation-exposed veterans.
(d) RADIATION-EXPOSED VETERAN DEFINED.—In this section, the
term ‘‘radiation-exposed veteran’’ has the meaning given that term
in section 1112 of title 38, United States Code.

Analysis.

Assessment.
Plan.

Assessment.

Determination.
Costs.

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SEC. 564. EXPRESSING SUPPORT FOR THE DESIGNATION OF SILVER
STAR SERVICE BANNER DAY.

Congress supports the designation of a ‘‘Silver Star Service
Banner Day’’ and recommends that the President issues each year
a proclamation calling on the people of the United States to observe
Silver Star Service Banner Day with appropriate programs, ceremonies, and activities.

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PUBLIC LAW 116–283—JAN. 1, 2021

Subtitle H—Member Education, Training,
Transition, and Resilience

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SEC. 571. MENTORSHIP AND CAREER COUNSELING PROGRAM FOR
OFFICERS TO IMPROVE DIVERSITY IN MILITARY LEADERSHIP.

(a) PROGRAM REQUIRED.—
(1) IN GENERAL.—Section 656 of title 10, United States
Code, is amended—
(A) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) MENTORING AND CAREER COUNSELING PROGRAM.—
‘‘(1) PROGRAM REQUIRED AS PART OF PLAN.—With the goal
of having the diversity of the population of officers serving
in each branch, specialty, community, and grade of each armed
force reflect the diversity of the population in such armed
force as a whole, the Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating
shall include in the plan required by subsection (a) a mentoring
and career counseling program for officers.
‘‘(2) ELEMENTS.—The program required by this subsection
shall include the following:
‘‘(A) The option for any officer to participate in the
program.
‘‘(B) For each officer who elects to participate in the
program, the following:
‘‘(i) One or more opportunities for mentoring and
career counseling before selection of the officer’s
branch, specialty, or community.
‘‘(ii) Ongoing opportunities for mentoring and
career counseling following selection of the officer’s
branch, specialty, or community, and continuing
through the officer’s military career.
‘‘(C) Mentoring and counseling during opportunities
under subparagraph (B) consisting of the following:
‘‘(i) Information on officer retention and promotion
rates in each grade, branch, specialty, and community
of the armed force concerned, including the rate at
which officers in each branch, specialty, or community
of such armed force are promoted to a grade above
O–6.
‘‘(ii) Information on career and service pathways,
including service in the reserve components.
‘‘(iii) Such other information as may be required
to optimize the ability of an officer to make informed
career decisions through the officer’s military career.’’.
(2) PERFORMANCE METRICS.—Subsection (c) of such section,
as redesignated by paragraph (1)(A), is amended—
(A) in the subsection heading, by inserting ‘‘AND MENTORING AND CAREER COUNSELING PROGRAM’’ after ‘‘DEVELOPING AND IMPLEMENTING PLAN’’; and
(B) by inserting ‘‘and the mentoring and career counseling program under subsection (b)’’ after ‘‘the plan under
subsection (a)’’.

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(3) CONFORMING AND CLERICAL AMENDMENTS.—
(A) HEADING AMENDMENT.—The heading of such section is amended to read as follows:
‘‘§ 656. Diversity in military leadership: plan; mentoring and
career counseling program’’.
(B) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 37 of such title is amended by striking
the item relating to section 656 and inserting the following
new item:

10 USC 651 prec.

‘‘656. Diversity in military leadership: plan; mentoring and career counseling program.’’.

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(b) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in coordination with the Secretary of the Department in which
the Coast Guard is operating, submit to the appropriate
committees of Congress a report on the mentoring and career
counseling program established pursuant to subsection (b) of
section 656 of title 10, United States Code (as amended by
subsection (a)).
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) A description of the manner in which each Armed
Force will implement the mentoring and counseling program,
(B) A description of the metrics that will be used
to measure progress in developing and implementing the
mentoring and career counseling program.
(C) For each Armed Force, an explanation whether
the mentoring and career counseling program will be carried out as part of another program of such Armed Force
or through the establishment of a separate subprogram
or subprograms of such Armed Force.
(D) A description of the additional resources, if any,
that will be required to implement the mentoring and
career counseling program, including the specific number
of additional personnel authorizations that will be required
to staff the program.
(E) Such other information on the mentoring and
career counseling program as the Secretary of Defense
and the Secretary of the Department in which the Coast
Guard is operating consider appropriate.
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the
Senate; and
(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House
of Representatives.

Coordination.

SEC. 572. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE
COAST GUARD.

Section 1143(e) of title 10, United States Code, is amended—

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134 STAT. 3644

PUBLIC LAW 116–283—JAN. 1, 2021
(1) in paragraph (1), by striking ‘‘of a military department’’
and inserting ‘‘concerned’’;
(2) in paragraph (3), by striking ‘‘of the military department’’; and
(3) in paragraph (4), by striking ‘‘of Defense’’ and inserting
‘‘concerned’’.

SEC. 573. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE
UNITED STATES AIR FORCE ACADEMY.

Section 9431(b)(4) of title 10, United States Code, is amended
by striking ‘‘23’’ and inserting ‘‘25’’.
10 USC 8431
note prec.

Reports.

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Assessments.

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SEC. 574. ADDITIONAL ELEMENTS WITH 2021 AND 2022 CERTIFICATIONS ON THE READY, RELEVANT LEARNING INITIATIVE OF THE NAVY.

(a) ADDITIONAL ELEMENTS WITH 2021 CERTIFICATIONS.—In
submitting to Congress in 2021 the certifications required by section
545 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431 note
prec.), relating to the Ready, Relevant Learning initiative of the
Navy, the Secretary of the Navy shall also submit each of the
following:
(1) A framework for a life cycle sustainment plan for the
Ready, Relevant Learning initiative meeting the requirements
in subsection (b).
(2) A report on the use of readiness assessment teams
in training addressing the elements specified in subsection
(c).
(b) LIFE CYCLE SUSTAINMENT PLAN FRAMEWORK.—The framework for a life cycle sustainment plan required by subsection (a)(1)
shall address each of the following:
(1) Product support management.
(2) Supply support.
(3) Packaging, handling, storage, and transportation.
(4) Maintenance planning and management.
(5) Design interface.
(6) Sustainment engineering.
(7) Technical data.
(8) Computer resources.
(9) Facilities and infrastructure.
(10) Manpower and personnel.
(11) Support equipment.
(12) Training and training support.
(13) Course content and relevance.
(14) Governance, including the acquisition and program
management structure.
(15) Such other elements in the life cycle sustainment
of the Ready, Relevant Learning initiative as the Secretary
considers appropriate.
(c) REPORT ON USE OF READINESS ASSESSMENT TEAMS.—The
report required by subsection (a)(2) shall set forth the following:
(1) A description and assessment of the extent to which
the Navy is currently using Engineering Readiness Assessment
Teams and Combat Systems Readiness Assessment Teams to
conduct unit-level training and assistance in each capacity as
follows:
(A) To augment non-Ready, Relevant Learning initiative training.

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(B) As part of Ready, Relevant Learning initiative
training.
(C) To train students on legacy, obsolete, one of a
kind, or unique systems that are still widely used by the
Navy.
(D) To train students on military-specific systems that
are not found in the commercial maritime world.
(2) A description and assessment of potential benefits, and
anticipated timelines and costs, in expanding Engineering
Readiness Assessment Team and Combat Systems Readiness
Assessment Team training in the capacities specified in paragraph (1).
(3) Such other matters in connection with the use of readiness assessment teams in connection with the Ready, Relevant
Learning initiative as the Secretary considers appropriate.
(d) LIFE CYCLE SUSTAINMENT PLAN WITH 2022 CERTIFICATIONS.—In submitting to Congress in 2022 the certifications
required by section 545 of the National Defense Authorization Act
for Fiscal Year 2018, the Secretary shall also submit the approved
life cycle sustainment plan for the Ready, Relevant Learning initiative of the Navy, based on the framework for the plan developed
for purposes of subsection (a)(1).

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SEC. 575. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR
MILITARY SERVICE ACADEMIES.

(a) NOMINATIONS PORTAL.—
(1) IN GENERAL.—Not later than two years after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Superintendents of the military service
academies, shall ensure that there is a uniform online portal
for all military service academies that enables Members of
Congress and other nominating sources to nominate individuals
for appointment to each academy through a secure website.
(2) INFORMATION COLLECTION AND REPORTING.—The online
portal established under paragraph (1) shall have the ability
to—
(A) collect, from each nominating source, the demographic information described in subsection (b) for each
individual nominated to attend a military service academy;
and
(B) collect the information required to be included in
each annual report of the Secretary under subsection (c)
in a manner that enables the Secretary to automatically
compile such information when preparing the report.
(3) AVAILABILITY OF INFORMATION.—The portal shall allow
Members of Congress, other nominating sources, and their designees to view their past nomination records for all application
cycles.
(b) STANDARD CLASSIFICATIONS FOR COLLECTION OF DEMOGRAPHIC DATA.—
(1) STANDARDS REQUIRED.—The Secretary, in consultation
with the Superintendents of the military service academies,
shall establish standard classifications that cadets, midshipmen, and applicants to the academies may use to report
gender, race, and ethnicity and to provide other demographic
information in connection with admission to or enrollment in
an academy.

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10 USC 7442
note.
Deadline.
Consultation.

Consultation.

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134 STAT. 3646

Deadline.

Public
information.
Web posting.

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Data.

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PUBLIC LAW 116–283—JAN. 1, 2021

(2) CONSISTENCY WITH OMB GUIDANCE.—The standard
classifications established under paragraph (1) shall be consistent with the standard classifications specified in Office of
Management and Budget Directive No. 15 (pertaining to race
and ethnic standards for Federal statistics and administrative
reporting) or any successor directive.
(3) INCORPORATION INTO APPLICATIONS AND RECORDS.—Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall incorporate the standard classifications
established under paragraph (1) into—
(A) applications for admission to the military service
academies; and
(B) the military personnel records of cadets and midshipmen enrolled in such academies.
(c) ANNUAL REPORT ON THE DEMOGRAPHICS MILITARY SERVICE
ACADEMY APPLICANTS.—
(1) REPORT REQUIRED.—Not later than September 30 of
each year beginning after the establishment of the online portal,
the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report
on the demographics of applicants to military service academies
for the most recently concluded application year.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, with respect to each military service academy, the
following:
(A) The number of individuals who submitted an
application for admission to the academy in the application
year covered by the report.
(B) Of the individuals who submitted an application
for admission to the academy in such year—
(i) the overall demographics of applicant pool,
disaggregated by the classifications established under
subsection (b);
(ii) the number and percentage who received a
nomination, disaggregated by the classifications established under subsection (b);
(iii) the number and percentage who received an
offer for appointment to the academy, disaggregated
by the classifications established under subsection (b);
and
(iv) the number and percentage who accepted an
appointment to the academy, disaggregated by the
classifications established under subsection (b).
(3) CONSULTATION.—In preparing each report under paragraph (1), the Secretary shall consult with the Superintendents
of the military service academies.
(4) AVAILABILITY OF REPORTS AND DATA.—The Secretary
shall—
(A) make the results of each report under paragraph
(1) available on a publicly accessible website of the Department of Defense; and
(B) ensure that any data included with the report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
(d) DEFINITIONS.—In this section:

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(1) The term ‘‘application year’’ means the period beginning
on January 1 of one year and ending on June 1 of the following
year.
(2) The term ‘‘machine-readable’’ has the meaning given
that term in section 3502(18) of title 44, United States Code.
(3) The term ‘‘military service academy’’ means—
(A) the United States Military Academy;
(B) the United States Naval Academy; and
(C) the United States Air Force Academy.

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SEC. 576. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT
OF DEFENSE.

(a) REPORT REQUIRED.—Not later than December 1, 2021, the
Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the results of a review and assessment, obtained
by the Secretary for purposes of the report, of the potential effects
on the military education provided by the educational institutions
of the Department of Defense specified in subsection (b) of the
actions described in subsection (c).
(b) EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT OF
DEFENSE.—The educational institutions of the Department of
Defense specified in this subsection are the following:
(1) The senior level service schools and intermediate level
service schools (as such terms are defined in section 2151(b)
of title 10, United States Code).
(2) The Air Force Institute of Technology.
(3) The National Defense University.
(4) The Joint Special Operations University.
(5) The Army Armament Graduate School.
(6) Any other military educational institution of the Department specified by the Secretary for purposes of this section.
(c) ACTIONS.—The actions described in this subsection with
respect to the educational institutions of the Department of Defense
specified in subsection (b) are the following:
(1) Modification of admission and graduation requirements.
(2) Expansion of use of case studies in curricula for professional military education.
(3) Reduction or expansion of degree-granting authority.
(4) Reduction or expansion of the acceptance of research
grants.
(5) Reduction or expansion of the number of attending
students generally.
(6) Modification of military personnel career milestones
in order to prioritize instructor positions.
(7) Increase in educational and performance requirements
for military personnel selected to be instructors.
(8) Expansion of visiting or adjunct faculty.
(9) Modification of civilian faculty management practices,
including employment practices.
(10) Reduction of the number of attending students through
the sponsoring of education of an increased number of students
at non-Department of Defense institutions of higher education.

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Consultation.
Review.
Assessment.

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134 STAT. 3648
Assessments.

Summary.

Time period.

PUBLIC LAW 116–283—JAN. 1, 2021

(d) ADDITIONAL ELEMENTS.—In addition to the matters
described in subsection (a), the review and report under this section
shall also include the following:
(1) A consolidated summary that lists all components of
the professional military education enterprise of the Department of Defense, including all associated schools, programs,
research centers, and support activities.
(2) For each component identified under paragraph (1),
the assigned personnel strength, annual student throughput,
and budget details of the three fiscal years preceding the date
of the report.
(3) An assessment of the differences between admission
standards and graduation requirements of the educational
institutions of the Department of Defense specified in subsection (b) and such admission standards and graduation
requirements of public and private institutions of higher education that the Secretary determines comparable to the educational institutions of the Department of Defense.
(4) An assessment of the requirements of the goals and
missions of the educational institutions of the Department of
Defense specified in subsection (b) and any need to adjust
such goals and missions to meet national security requirements
of the Department.
(5) An assessment of the effectiveness and shortfalls of
the existing professional military education enterprise as measured against graduate utilization, post-graduate evaluations,
and the education and force development requirements of the
Chairman of the Joint Chiefs of Staff and the Chiefs of the
Armed Forces.
(6) Any other matters the Secretary determines appropriate
for purposes of this section.
SEC. 577. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE
NATIONAL DEFENSE UNIVERSITY.

Time period.

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Consultation.

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(a) PROHIBITION.—The Secretary of Defense may not eliminate,
divest, downsize, or reorganize the College of International Security
Affairs, nor its satellite program, the Joint Special Operations Masters of Arts, of the National Defense University, or seek to reduce
the number of students educated at the College, or its satellite
program, until 30 days after the date on which the congressional
defense committees receive the report required by subsection (c).
(b) ASSESSMENT, DETERMINATION, AND REVIEW.—The Under
Secretary of Defense for Policy, in consultation with the Under
Secretary of Defense for Personnel and Readiness, the Assistant
Secretary of Defense for Special Operations/Low-Intensity Conflict,
the Deputy Assistant Secretary of Defense for Counternarcotics
and Global Threats, the Deputy Assistant Secretary of Defense
for Stability and Humanitarian Affairs, the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism,
the Chief Financial Officer of the Department, the Chairman of
the Joint Chiefs of Staff, and the Commander of United States
Special Operations Command, shall—
(1) assess requirements for joint professional military education and civilian leader education in the counterterrorism,
irregular warfare, and asymmetrical domains to support the
Department and other national security institutions of the Federal Government;

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(2) determine whether the importance, challenges, and complexity of the modern counterterrorism environment and irregular and asymmetrical domains warrant—
(A) a college at the National Defense University, or
a college independent of the National Defense University
whose leadership is responsible to the Office of the Secretary of Defense; and
(B) the provision of resources, services, and capacity
at levels that are the same as, or decreased or enhanced
in comparison to, those resources, services, and capacity
in place at the College of International Security Affairs
on January 1, 2019;
(3) review the plan proposed by the National Defense
University for eliminating the College of International Security
Affairs and reducing and restructuring the counterterrorism,
irregular, and asymmetrical faculty, course offerings, joint
professional military education and degree and certificate programs, and other services provided by the College; and
(4) assess the changes made to the College of International
Security Affairs since January 1, 2019, and the actions necessary to reverse those changes, including relocating the College
and its associated budget, faculty, staff, students, and facilities
outside of the National Defense University.
(c) REPORT REQUIRED.—Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees
a report on—
(1) the findings of the Secretary with respect to the assessments, determination, and review conducted under subsection
(b); and
(2) such recommendations as the Secretary may have for
higher education in the counterterrorism, irregular, and asymmetrical domains.

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SEC. 578. IMPROVEMENTS TO THE CREDENTIALING OPPORTUNITIES
ON-LINE PROGRAMS OF THE ARMED FORCES.

Plan.

Recommendations.

10 USC 2015
note.

(a) STUDY ON PERFORMANCE MEASURES.—The Secretary of
Defense shall conduct a study to determine additional performance
measures to evaluate the effectiveness of the Credentialing
Opportunities On-Line programs (in this section referred to as
the ‘‘COOL programs’’) of each Armed Force in connecting members
of the Armed Forces with professional credential programs. The
study shall include the following:
(1) The percentage of members of the Armed Force concerned described in section 1142(a) of title 10, United States
Code, who participate in a professional credential program
through the COOL program of the Armed Force concerned.
(2) The percentage of members of the Armed Force concerned described in paragraph (1) who have completed a professional credential program described in that paragraph.
(3) The amount of funds obligated and expended to execute
the COOL program of each Armed Force during the five fiscal
years immediately preceding the date of the study.
(4) Any other element determined by the Secretary of
Defense.
(b) INFORMATION TRACKING.—The Secretary of Defense shall
establish a process to standardize the tracking of information
regarding the COOL programs across the Armed Forces.

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134 STAT. 3650

PUBLIC LAW 116–283—JAN. 1, 2021

(c) COORDINATION.—To carry out this section, the Secretary
of Defense may coordinate with the Secretaries of Veterans Affairs
and Labor.
(d) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on—
(1) the study conducted under subsection (a); and
(2) the process established under subsection (b), including
a timeline to implement such process.

Timeline.

SEC. 579. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES
AND CERTIFICATIONS.

(a) STUDY; REPORT.—Not later than one year after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the results
of a study regarding the transferability of military certifications
to civilian occupational licenses and certifications.
(b) ELEMENTS.—The report under this section shall include
the following:
(1) Obstacles to transference of military certifications.
(2) Any effects of the transferability of military certifications on recruitment and retention.
(3) Examples of certifications obtained from the Federal
Government that transfer to non-Federal employment.
(4) An assessment of the effectiveness of the credentialing
programs of each Armed Force.

Assessment.

SEC. 579A. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE OFFICERS.
Consultation.

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Recommendations.

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(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the
Committees on Armed Services and on Veterans’ Affairs of the
House of Representatives and Senate a report regarding the effects
of the presence of CVSOs at demobilization centers on members
of the Armed Forces making the transition to civilian life.
(b) ELEMENTS.—The report under this section shall include
the following:
(1) The number of demobilization centers that host CVSOs.
(2) The locations of demobilization centers described in
paragraph (1).
(3) Barriers to expanding the presence of CVSOs at
demobilization centers nationwide.
(4) Recommendations of the Secretary of Defense regarding
the presence of CVSOs at demobilization centers.
(c) CVSO DEFINED.—In this section, the term ‘‘CVSO’’
includes—
(1) a county veterans service officer;
(2) a Tribal veterans service officer;
(3) a Tribal veterans representative; or
(4) another State, Tribal, or local entity that the Secretary
of Defense determines appropriate.

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134 STAT. 3651

Subtitle I—Military Family Readiness and
Dependents’ Education
SEC.

581.

FAMILY READINESS: DEFINITIONS;
STRATEGY; REVIEW; REPORT.

COMMUNICATION

10 USC 1781
note.

(a) DEFINITIONS.—Not later than six months after the date
of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall act
on recommendation one of the report, dated July 2019, of the
National Academies of Science, Engineering and Medicine, titled
‘‘Strengthening the Military Family Readiness System for a
Changing American Society’’, by establishing definitions of ‘‘family
well-being’’, ‘‘family readiness’’, and ‘‘family resilience’’ for use by
the Department of Defense.
(b) COMMUNICATION STRATEGY.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military departments,
shall—
(1) ensure that the Secretary of Defense has carried out
section 561 of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 1781 note);
(2) implement a strategy to use of a variety of modes
of communication to ensure the broadest means of communicating with military families; and
(3) establish a process to measure the effectiveness of the
modes of communication described in paragraph (2).
(c) REVIEW.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
review of current programs, policies, services, resources, and practices of the Department for military families as outlined in recommendation four of the report described in subsection (a).
(d) REPORT.—Not later than 60 days after completing the review
under subsection (c), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing the results of the review and
how the Secretary shall improve programs, policies, services,
resources, and practices for military families, based on the review.

Deadline.
Coordination.

Deadline.
Coordination.

Deadline.

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SEC. 582. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM.

(a) IN GENERAL.—Section 1781c of title 10, United States Code
is amended—
(1) in subsection (b), by striking ‘‘enhance’’ and inserting
‘‘standardize, enhance,’’;
(2) in subsection (c)(1), by inserting ‘‘and standard’’ after
‘‘comprehensive’’;
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘update from time
to time’’ and inserting ‘‘regularly update’’;
(B) in paragraph (3), by adding at the end the following
new subparagraphs:
‘‘(C) Ability to request a second review of the approved
assignment within or outside the continental United States
if the member believes the location is inappropriate for the
member’s family and would cause undue hardship.

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Deadline.
Coordination.
10 USC 1781c
note.

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‘‘(D) Protection from having a medical recommendation for
an approved assignment overridden by the commanding officer.
‘‘(E) Ability to request continuation of location when there
is a documented substantial risk of transferring medical care
or educational services to a new provider or school at the
specific time of permanent change of station.’’; and
(C) in paragraph (4)—
(i) in subparagraph (F), by striking ‘‘of an individualized services plan (medical and educational)’’ and
inserting ‘‘by an appropriate office of an individualized
services plan (whether medical, educational, or both)’’;
and
(ii) by inserting after subparagraph (F) the following new subparagraphs:
‘‘(H) Procedures for the development of an individualized
services plan for military family members with special needs
who have requested family support services and have a completed family needs assessment.
‘‘(I) Requirements to prohibit disenrollment from the Exceptional Family Member Program unless there is new supporting
medical or educational information that indicates the original
condition is no longer present, and to track disenrollment data
in each armed force.’’.
(b) STANDARDIZATION.—Not later than six months after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments, shall,
to the extent practicable, standardize the Exceptional Family
Member Program (in this section referred to as the ‘‘EFMP’’) across
the military departments. The EFMP, standardized under this subsection, shall include the following:
(1) Processes for the identification and enrollment of
dependents of covered members with special needs.
(2) A process for the permanent change of orders for covered
members, to ensure seamless continuity of services at the new
permanent duty station.
(3) If an order for assignment is declined for a military
family with special needs, the member will receive a reason
for the decline of that order.
(4) A review process for installations to ensure that health
care furnished through the TRICARE program, special needs
education programs, and installation-based family support programs are available to military families enrolled in the EFMP.
(5) A standardized respite care benefit across the covered
Armed Forces, including the number of hours available under
such benefit to military families enrolled in the EFMP.
(6) Performance metrics for measuring, across the Department and with respect to each military department, the following:
(A) Assignment coordination and support for military
families with special needs, including a systematic process
for evaluating each military department’s program for the
support of military families with special needs.
(B) The reassignment of military families with special
needs, including how often members request reassignments, for what reasons, and from what military installations.

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134 STAT. 3653

(C) The level of satisfaction of military families with
special needs with the family and medical support they
are provided.
(7) A requirement that the Secretary of each military
department provide legal services by an attorney, trained in
education law, at each military installation—
(A) the Secretary determines is a primary receiving
installation for military families with special needs; and
(B) in a State that the Secretary determines has
historically not supported families enrolled in the EFMP.
(8) The option for a family enrolled in the EFMP to continue
to receive all services under that program and a family separation allowance, if otherwise authorized, if—
(A) the covered member receives a new permanent
duty station; and
(B) the covered member and family elect for the family
not to relocate with the covered member.
(9) The solicitation of feedback from military families with
special needs, and discussions of challenges and best practices
of the EFMP, using existing family advisory organizations.
(c) CASE MANAGEMENT.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop
an EFMP case management model, including the following:
(1) A single EFMP office, located at the headquarters of
each covered Armed Force, to oversee implementation of the
EFMP and coordinate health care services, permanent change
of station order processing, and educational support services
for that covered Armed Force.
(2) An EFMP office at each military installation with case
managers to assist each family of a covered member in the
development of a plan that addresses the areas specified in
subsection (b)(1).
(d) REPORT.—Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the implementation of this section,
including any recommendations of the Secretary regarding additional legislation.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘covered member’’ means a member—
(A) of a covered Armed Force; and
(B) with a dependent with special needs.

Requirement.
Determinations.

Coordination.

Recommendations.

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SEC. 583. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS
FORCES AND IMMEDIATE FAMILY MEMBERS.

(a) IN GENERAL.—Section 1788a of title 10, United States Code,
is amended—
(1) by striking the heading and inserting ‘‘Support programs: special operations forces personnel; immediate
family members’’;
(2) in subsection (a), by striking ‘‘for the immediate family
members of members of the armed forces assigned to special
operations forces’’;

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10 USC 1781
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(3) in subsection (b)(1), by striking ‘‘the immediate family
members of members of the armed forces assigned to special
operations forces’’ and inserting ‘‘covered individuals’’;
(4) in subsection (d)(2)—
(A) in subparagraph (A), by striking ‘‘family members
of members of the armed forces assigned to special operations forces’’ and inserting ‘‘covered individuals’’; and
(B) in subparagraph (B), by striking ‘‘family members
of members of the armed forces assigned to special operations forces’’ and inserting ‘‘covered individuals’’; and
(5) in subsection (e)(4)—
(A) by inserting ‘‘psychological support, spiritual support, and’’ before ‘‘costs’’;
(B) by striking ‘‘immediate family members of members
of the armed forces assigned to special operations forces’’
and inserting ‘‘covered personnel’’; and
(C) by adding at the end the following:
‘‘(5) The term ‘covered personnel’ means—
‘‘(A) members of the Armed Forces (including the
reserve components) assigned to special operations forces;
‘‘(B) service personnel assigned to support special operations forces; and
‘‘(C) immediate family members of individuals
described in subparagraphs (A) and (B).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 88 of title 10, United States Code, is amended
by striking the item relating to section 1788a and inserting the
following:
‘‘1788a. Support programs: special operations forces personnel; immediate family
members.’’.
SEC. 584. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR
MILITARY CHILD DEVELOPMENT PROGRAMS.

Section 1791 of title 10, United States Code, is amended—
(1) by striking ‘‘It is the policy’’ and inserting the following:
‘‘(a) POLICY.—It is the policy’’; and
(2) by adding at the end the following new subsection:
‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF CERTAIN FUNDS.—
The Secretary of Defense shall be responsible for the allocation
of Office of the Secretary of Defense level funds for military child
development programs for children from birth through 12 years
of age, and may not delegate such responsibility to the military
departments.’’.

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SEC. 585. MILITARY CHILD CARE AND CHILD DEVELOPMENT CENTER
MATTERS.

(a) CENTER FEES MATTERS.—Section 1793 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(c) FAMILY DISCOUNT.—In the case of a family with two or
more children attending a child development center, the regulations
prescribed pursuant to subsection (a) may require that installations
commanders charge a fee for attendance at the center of any child
of the family after the first child of the family in amount equal
to 85 percent of the amount of the fee otherwise chargeable for
the attendance of such child at the center.’’.
(b) REPORTS ON INSTALLATIONS WITH EXTREME IMBALANCE
BETWEEN DEMAND FOR AND AVAILABILITY OF CHILD CARE.—Not

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later than one year after the date of the enactment of this Act,
each Secretary of a military department shall submit to Congress
a report on the military installations under the jurisdiction of
such Secretary with an extreme imbalance between demand for
child care and availability of child care. Each report shall include,
for the military department covered by such report, the following:
(1) The name of the five installations of the military department experiencing the most extreme imbalance between
demand for child care and availability of child care.
(2) For each installation named pursuant to subparagraph
(A), the following:
(A) An assessment whether civilian employees at child
development centers at such installation have rates of pay
and benefits that are competitive with other civilian
employees on such installation and with the civilian labor
pool in the vicinity of such installation.
(B) A description and assessment of various incentives
to encourage military spouses to become providers under
the Family Child Care program at such installation.
(C) Such recommendations at the Secretary of the military department concerned considers appropriate to
address the imbalance between demand for child care and
availability of child care at such installation, including
recommendations to enhance the competitiveness of civilian
child care positions at such installation with other civilian
positions at such installation and the civilian labor pool
in the vicinity of such installation.

Assessments.

Recommendations.

SEC. 586. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER
ADVANCEMENT ACCOUNT PROGRAM.

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Section 580F of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by inserting ‘‘(a) PROFESSIONAL LICENSE OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ before ‘‘The Secretary’’;
(2) by inserting ‘‘or maintenance (including continuing education courses)’’ after ‘‘pursuit’’; and
(3) by adding at the end the following new subsection:
‘‘(b) NATIONAL TESTING.—Financial assistance under subsection
(a) may be applied to the costs of national tests that may earn
a participating military spouse course credits required for a degree
approved under the program (including the College Level Examination Program tests).’’.

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10 USC 1784a
note.

SEC. 587. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY
SPOUSE EMPLOYMENT PARTNERSHIP PROGRAM.

10 USC 1784
note.

(a) EVALUATION; UPDATES.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
evaluate the partner criteria set forth in the Military Spouse
Employment Partnership Program (in this section referred to as
the ‘‘MSEP Program’’) and implement updates that the Secretary
determines will improve such criteria without diminishing the need
for partners to exhibit sound business practices, broad diversity
efforts, and relative financial stability. Such updates may expand
the number of the following entities that meet such criteria:
(1) Institutions of primary, secondary, and higher education.
(2) Software and coding companies.
(3) Local small businesses.

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134 STAT. 3656
Consultation.
Contracts.

Public
information.
Web posting.
Data.
Implementation
plan.

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Determinations.

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(4) Companies that employ telework.
(b) NEW PARTNERSHIPS.—Upon completion of the evaluation
under subsection (a), the Secretary, in consultation with the Department of Labor, shall seek to enter into agreements with entities
described in paragraphs (1) through (4) of subsection (a) that are
located near military installations (as that term is defined in section
2687 of title 10, United States Code).
(c) REVIEW; REPORT.—Not later than one year after
implementation under subsection (a), the Secretary shall review
updates under subsection (a) and publish a report regarding such
review on a publicly-accessible website of the Department of
Defense. Such report shall include the following:
(1) The results of the evaluation of the MSEP Program,
including the implementation plan for any change to partnership criteria.
(2) Data on the new partnerships undertaken as a result
of the evaluation, including the type, size, and location of the
partner entities.
(3) Data on the utility of the MSEP Program, including—
(A) the number of military spouses who have applied
through the MSEP Program;
(B) the average length of time a job is available before
being filled or removed from the MSEP Program portal;
and
(C) the average number of new jobs posted on the
MSEP Program portal each month.
SEC. 588. 24-HOUR CHILD CARE.

10 USC 1791
note.

Assessment.

PUBLIC LAW 116–283—JAN. 1, 2021

(a) 24-HOUR CHILD CARE.—If the Secretary of Defense determines it feasible, pursuant to the study conducted pursuant to
subsection (b), the Secretary shall furnish child care to each child
of a member of the Armed Forces or civilian employee of the
Department of Defense while that member or employee works on
rotating shifts at a military installation.
(b) FEASIBILITY STUDY; REPORT.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the results
of a study, conducted by the Secretary for purposes of this section,
on the feasibility of furnishing child care described in subsection
(a).
(c) ELEMENTS.—The report required by subsection (b) shall
include the following:
(1) The results of the study described in that subsection.
(2) If the Secretary determines that furnishing child care
available as described in subsection (a) is feasible, such matters
as the Secretary determines appropriate in connection with
furnishing such child care, including—
(A) an identification of the installations at which such
child care would be beneficial to members of the Armed
Forces, civilian employees of the Department, or both;
(B) an identification of any barriers to making such
child care available at the installations identified pursuant
to subparagraph (A);
(C) an assessment whether the child care needs of
members of the Armed Forces and civilian employees of

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the Department described in subsection (a) would be better
met by an increase in assistance for child care fees;
(D) a description and assessment of the actions, if
any, being taken to furnish such child care at the installations identified pursuant to subparagraph (A); and
(E) such recommendations for legislative or administrative action the Secretary determines appropriate to make
such child care available at the installations identified
pursuant to subparagraph (A), or at any other military
installation.

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Assessment.

Recommendations.

SEC. 589. PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO
MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD
CARE.

10 USC 1791
note.

(a) ESTABLISHMENT.—Not later than March 1, 2021, the Secretary of Defense shall establish a pilot program to provide financial
assistance to members of the Armed Forces who pay for services
provided by in-home child care providers. In carrying out the pilot
program, the Secretary shall take the following steps:
(1) Determine the needs of military families who request
services provided by in-home child care providers.
(2) Determine the appropriate amount of financial assistance to provide to military families described in paragraph
(1).
(3) Determine the appropriate qualifications for an in-home
child care provider for whose services the Secretary shall provide financial assistance to a military family. In carrying out
this paragraph, the Secretary shall—
(A) take into consideration qualifications for in-home
child care providers in the private sector; and
(B) ensure that the qualifications the Secretary determines appropriate under this paragraph are comparable
to the qualifications for a provider of child care services
in a military child development center or family home
day care.
(4) Establish a marketing and communications plan to
inform members of the Armed Forces who live in the locations
described in subsection (b) about the pilot program.
(b) LOCATIONS.—The Secretary shall carry out the pilot program
in the five locations that the Secretary determines have the greatest
demand for child care services for children of members of the
Armed Forces.
(c) REPORTS.—
(1) INTERIM REPORTS.—Not later than one year after the
Secretary establishes the pilot program and thrice annually
thereafter, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
an interim report on the pilot program. Each interim report
shall include the following elements:
(A) The number of military families participating in
the pilot program, disaggregated by location and duration
of participation.
(B) The amount of financial assistance provided to
participating military families in each location.
(C) Metrics by which the Secretary carries out subsection (a)(3)(B);
(D) The feasibility of expanding the pilot program.

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Determinations.

Plan.

Determination.

Time period.

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134 STAT. 3658

Recommendations.

PUBLIC LAW 116–283—JAN. 1, 2021

(E) Legislation or administrative action that the Secretary determines necessary to make the pilot program
permanent.
(F) Any other information the Secretary determines
appropriate.
(2) FINAL REPORT.—Not later than 90 days after the termination of the pilot program, the Secretary shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a final report on the pilot program.
The final report shall include the following elements:
(A) The elements specified in paragraph (1).
(B) The recommendation of the Secretary whether to
make the pilot program permanent.
(d) TERMINATION.—The pilot program shall terminate five years
after the date on which the Secretary establishes the pilot program.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘in-home child care provider’’ means an individual who provides child care services in the home of the
child.
(2) The terms ‘‘military child development center’’ and
‘‘family home day care’’ have the meanings given those terms
in section 1800 of title 10, United States Code.
SEC. 589A. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN
PERSONNEL.

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(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF
THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.—
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS
OF MILITARY DEPENDENT STUDENTS.—Of the amount authorized
to be appropriated for fiscal year 2021 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$50,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—In this subsection, the term ‘‘local educational agency’’ has the meaning
given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—
(1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2021 pursuant to section 301 and available for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL AMOUNT.—Of the amount authorized to
be appropriated for fiscal year 2021 pursuant to section 301
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of

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Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
(3) REPORT.—Not later than March 1, 2021, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations
of military children with severe disabilities and subsequent
determination of the amounts of impact aid each such agency
shall receive.

Deadline.
Briefing.

SEC. 589B. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY SCHOOLS TO MAINTAIN MAXIMUM STUDENTTO-TEACHER RATIOS.

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(a) IN GENERAL.—The Department of Defense Education
Activity shall staff elementary and secondary schools operated by
the Activity so as to maintain, to the extent practicable, studentto-teacher ratios that do not exceed the maximum student-toteacher ratios specified in subsection (b).
(b) MAXIMUM STUDENT-TO-TEACHER RATIOS.—The maximum
student-to-teacher ratios specified in this subsection are the following:
(1) For each of grades kindergarten through 3, a ratio
of 18 students to 1 teacher (18:1).
(2) For each of grades 4 through 12, a ratio equal to
the average student-to-teacher ratio for such grade among all
Department of Defense Education Activity schools during the
2019–2020 academic year.
(c) SUNSET.—The requirement to staff schools in accordance
with subsection (a) shall expire at the end of the 2023–2024 academic year of the Department of Defense Education Activity.

VerDate Sep 11 2014

SEC. 589C. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.

10 USC 2164
note.

(a) PILOT PROGRAM AUTHORIZED.—Beginning not later than
180 days after the date of the enactment of this Act, the Secretary
of Defense shall carry out a pilot program under which a dependent
of a full-time, active-duty member of the Armed Forces may enroll
in a covered DODEA school at the military installation to which
the member is assigned, on a space-available basis as described
in subsection (c), without regard to whether the member resides
on the installation as described in 2164(a)(1) of title 10, United
States Code.
(b) PURPOSES.—The purposes of the pilot program under this
section are—
(1) to evaluate the feasibility and advisability of expanding
enrollment in covered DODEA schools; and
(2) to determine how increased access to such schools will
affect military and family readiness.
(c) ENROLLMENT ON SPACE-AVAILABLE BASIS.—A student
participating in the pilot program under this section may be enrolled
in a covered DODEA school only if the school has the capacity
to accept the student, as determined by the Director of the Department of Defense Education Activity.
(d) LOCATIONS.—The Secretary of Defense shall carry out the
pilot program under this section at not more than four military
installations at which covered DODEA schools are located. The

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Evaluation.
Determination.

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134 STAT. 3660

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Secretary shall select military installations for participation in the
program based on—
(1) the readiness needs of the Secretary of a the military
department concerned; and
(2) the capacity of the DODEA schools located at the
installation to accept additional students, as determined by
the Director of the Department of Defense Education Activity.
(e) TERMINATION.—The authority to carry out the pilot program
under this section shall terminate four years after the date of
the enactment of this Act.
(f) COVERED DODEA SCHOOL DEFINED.—In this Section, the
term ‘‘covered DODEA school’’ means a domestic dependent
elementary or secondary school operated by the Department of
Defense Education Activity that—
(1) has been established on or before the date of the enactment of this Act; and
(2) is located in the continental United States.
10 USC 2164
note.

SEC. 589D. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH
SCHOOL PROGRAM.

(a) PILOT PROGRAM REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall carry out
a pilot program on permitting dependents of members of the
Armed Forces on active duty to enroll in the Department of
Defense Education Activity Virtual High School program (in
this section referred to as the ‘‘DVHS program’’).
(2) PURPOSES.—The purposes of the pilot program shall
be as follows:
(A) To evaluate the feasibility and scalability of the
DVHS program.
(B) To assess the impact of expanded enrollment in
the DVHS program under the pilot program on military
and family readiness.
(3) DURATION.—The duration of the pilot program shall
be four academic years.
(b) PARTICIPANTS.—
(1) IN GENERAL.—Participants in the pilot program shall
be selected by the Secretary from among dependents of members of the Armed Forces on active duty who—
(A) are in a grade 9 through 12;
(B) are currently ineligible to enroll in the DVHS program; and
(C) either—
(i) require supplementary courses to meet graduation requirements in the current State of residence;
or
(ii) otherwise demonstrate to the Secretary a clear
need to participate in the DVHS program.
(2) PREFERENCE IN SELECTION.—In selecting participants
in the pilot program, the Secretary shall afford a preference
to the following:
(A) Dependents who reside in a rural area.
(B) Dependents who are home-schooled students.
(3) LIMITATIONS.—The total number of course enrollments
per academic year authorized under the pilot program may

Evaluation.

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Assessment.

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not exceed 400 course enrollments. No single dependent participating in the pilot program may take more than two courses
per academic year under the pilot program.
(c) REPORTS.—
(1) INTERIM REPORT.—Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives an interim report on the pilot program.
(2) FINAL REPORT.—Not later than 180 days after the
completion of the pilot program, the Secretary shall submit
to the committees of Congress referred to in paragraph (1)
a final report on the pilot programs.
(3) ELEMENTS.—Each report under this subsection shall
include the following:
(A) A description of the demographics of the dependents
participating in the pilot program through the date of
such report.
(B) Data on, and an assessment of, student performance in virtual coursework by dependents participating
in the pilot program over the duration of the pilot program.
(C) Such recommendation as the Secretary considers
appropriate on whether to make the pilot program permanent.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘rural area’’ has the meaning given the term
in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
(2) The term ‘‘home-schooled student’’ means a student
in a grade equivalent to grade 9 through 12 who receives
educational instruction at home or by other non-traditional
means outside of a public or private school system, either
all or most of the time.

VerDate Sep 11 2014

Data.
Assessment.
Recommendations.

SEC. 589E. TRAINING PROGRAM REGARDING FOREIGN MALIGN INFLUENCE CAMPAIGNS.

10 USC 2001
note prec.

(a) ESTABLISHMENT.—Not later than September 30, 2021, the
Secretary of Defense shall establish a program for training members
of the Armed Forces and civilian employees of the Department
of Defense regarding the threat of foreign malign influence campaigns targeted at such individuals and the families of such individuals, including such campaigns carried out through social media.
(b) DESIGNATION OF OFFICIAL TO COORDINATE AND
INTEGRATE.—Not later than 30 days after the date of enactment
of this Act, the Secretary shall designate an official of the Department who shall be responsible for coordinating and integrating
the training program under this section.
(c) BEST PRACTICES.—In coordinating and integrating the
training program under this section, the official designated under
subsection (b) shall review best practices of existing training programs across the Department.
(d) REPORT REQUIRED.—Not later than October 30, 2021, the
Secretary shall submit a report to the congressional defense committees detailing the program established under this section.
(e) FOREIGN MALIGN INFLUENCE DEFINED.—In this section, the
term ‘‘foreign malign influence’’ has the meaning given that term
in section 119C of the National Security Act of 1947 (50 U.S.C.
3059).

Deadline.

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Deadline.

Review.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION
OF MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
Deadline.

Assessments.

Analysis.

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Recommendations.

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(a) STUDY.—Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall complete
a study on—
(1) the cyberexploitation of the personal information and
accounts of members of the Armed Forces and their families;
and
(2) the risks of deceptive online targeting of members and
their families.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) An assessment of predatory loans, other financial products, or educational products being targeted to members of
the Armed Forces and their families.
(2) An assessment of unproven or unnecessary medical
treatments or procedures being targeted to members and their
families.
(3) An assessment of ethnic or racial violent extremism
messages targeting members and their families.
(4) An assessment of the ways in which social media algorithms may amplify the targeting described in paragraphs (1)
through (3).
(5) An intelligence assessment of the threat currently posed
by foreign government and non-state actors carrying out the
cyberexploitation of members and their families, including
generalized assessments as to—
(A) whether such cyberexploitation is a substantial
threat as compared to other means of information warfare;
and
(B) whether such cyberexploitation is an increasing
threat.
(6) A case-study analysis of three known occurrences of
attempted cyberexploitation against members and their families, including assessments of the vulnerability and the ultimate
consequences of the attempted cyberexploitation.
(7) A description of the actions taken by the Department
of Defense to educate members and their families, including
particularly vulnerable subpopulations, about any actions that
can be taken to reduce cyberexploitation threats.
(8) An intelligence assessment of the threat posed by foreign government and non-state actors creating or using
machine-manipulated media (commonly referred to as ‘‘deep
fakes’’) featuring members and their families, including generalized assessments of—
(A) the maturity of the technology used in the creation
of such media; and
(B) how such media has been used or might be used
to conduct information warfare.
(9) Recommendations for policy changes to reduce the
vulnerability of members of the Armed Forces and their families
to cyberexploitation and deception, including recommendations
for legislative or administrative action.
(c) REPORT.—
(1) REQUIREMENT.—The Secretary shall submit to the
Committees on Armed Services of the House of Representatives

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and the Senate a report on the findings of the Secretary with
respect to the study under subsection (a).
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘cyberexploitation’’ means the use of digital
means and online platforms—
(A) to knowingly access, or conspire to access, without
authorization, an individual’s personal information to be
employed (or to be used) with malicious intent; or
(B) to deceive an individual with misinformation with
malicious intent.
(2) The term ‘‘machine-manipulated media’’ means video,
image, or audio recordings generated or substantially modified
using machine learning techniques in order to, with malicious
intent, falsely depict the speech or conduct of an individual
without that individual’s permission.

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SEC. 589G. MATTERS RELATING TO EDUCATION FOR MILITARY
DEPENDENT STUDENTS WITH SPECIAL NEEDS.

Classified
information.

10 USC 1781c
note.

(a) INFORMATION ON SPECIAL EDUCATION DISPUTES.—
(1) IN GENERAL.—Each Secretary of a military department
shall collect and maintain information on special education
disputes filed by members of the Armed Forces under the
jurisdiction of such Secretary.
(2) INFORMATION.—The information collected and maintained under this subsection shall include the following:
(A) The number of special education disputes filed.
(B) The outcome or disposition of the disputes.
(3) SOURCE OF INFORMATION.—The information collected
and maintained pursuant to this subsection shall be derived
from the following:
(A) Records and reports of case managers and navigators under the Exceptional Family Member Program of
the Department of Defense.
(B) Reports submitted by members of the Armed Forces
to officials at military installations or other relevant military officials.
(C) Such other sources as the Secretary of the military
department concerned considers appropriate.
(4) ANNUAL REPORTS.—On an annual basis, each Secretary
of a military department shall submit to the Office of Special
Needs of the Department of Defense a report on the information
collected by such Secretary under this subsection during the
preceding year.
(b) GAO STUDY AND REPORT.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study on the following:
(A) The manner in which local educational agencies
with schools that serve military dependent students use
the following:
(i) Funds made available for impact aid for children
with severe disabilities under section 363 of the Floyd
D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106–398; 20 U.S.C.
7703a).

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PUBLIC LAW 116–283—JAN. 1, 2021
(ii) Funds made available for assistance to schools
with a significant number of military dependent students under subsection (a) of section 572 of the
National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163; 20 U.S.C. 7703b).
(C) The efficacy of attorneys and other legal support
for military families in special education disputes.
(E) Whether, and to what extent, policies and guidance
for School Liaison Officers are standardized between the
Office of Special Needs of the Department of Defense and
the military departments, and the efficacy of such policies
and guidance.
(F) The improvements made to family support programs of the Office of Special Needs, and of each military
department, in light of the recommendations of the Comptroller General in the report titled ‘‘DOD Should Improve
Its Oversight of the Exceptional Family Member Program’’
(GAO–18–348).
(2) RECOMMENDATIONS.—As part of the study under paragraph (1), the Comptroller General shall develop recommendations on the following:
(A) Improvements to the ability of the Department
of Defense to monitor and enforce the compliance of local
educational agencies with requirements for the provision
of a free appropriate public education to military dependent
students with special needs.
(B) Improvements to the policies of the Office of Special
Needs, and of each military department, with respect to
the standardization and efficacy of policies and programs
for military dependent students with special needs.
(3) BRIEFING AND REPORT.—Not later than March 31, 2021,
the Comptroller General of the United States shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing and a report the results
of the study conducted under paragraph (1).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘free appropriate public education’’ has the
meaning given that term in section 602 of the Individuals
with Disabilities Education Act (20 U.S.C. 1401).
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) The term ‘‘special education dispute’’ means a complaint
filed regarding the education provided to a child with a disability (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), including a complaint
filed in accordance with section 615 or 639 of such Act (20
U.S.C. 1415, 1439).

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SEC. 589H. STUDIES AND REPORTS ON THE PERFORMANCE OF THE
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.

(a) DOD STUDY AND REPORT.—
(1) STUDY.—The Secretary of Defense shall conduct a study
on the performance of the Department of Defense Education
Activity.
(2) ELEMENTS.—The study under paragraph (1) shall
include—

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134 STAT. 3665

(A) a review of the curriculum relating to health, resiliency, and nutrition taught in schools operated by the
Department of Defense Education Activity; and
(B) a comparison of such curriculum to benchmarks
established for the curriculum by the Department of
Defense Education Activity.
(3) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes the results
of the study conducted under paragraph (1).
(b) GAO STUDIES AND REPORTS.—
(1) STUDIES.—The Comptroller General of the United States
shall conduct two studies on the performance of the Department
of Defense Education Activity as follows:
(A) One study shall analyze the educational outcomes
of students in schools operated by the Department of
Defense Education Activity compared to the educational
outcomes of students in public elementary schools and
public secondary schools (as those terms are defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801 et seq.)) outside the Department of Defense.
(B) One study shall assess the effectiveness of the
School Liaison Officer program of the Department of
Defense Education Activity in achieving the goals of the
program with an emphasis on goals relating to special
education and family outreach.
(2) REPORTS.—Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives—
(A) a report that includes the results of the study
conducted under subparagraph (A) of paragraph (1); and
(B) a report that includes the results of the study
conducted under subparagraph (B) of such paragraph.

Review.

Analysis.

Assessment.

Subtitle J—Other Matters and Reports

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SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM.

(a) IN GENERAL.—Section 2193b of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘science, mathematics, and technology’’ and inserting ‘‘science, technology, engineering, art and design, and mathematics’’;
(2) in subsection (a), by striking ‘‘science, mathematics,
and technology’’ and inserting ‘‘science, technology, engineering,
art and design, and mathematics’’; and
(3) in subsection (b), by striking ‘‘mathematics, science,
and technology’’ and inserting ‘‘science, technology, engineering,
art and design, and mathematics’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 111 of title 10, United States Code, is amended

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10 USC 2191
prec.

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by striking the item relating to section 2193b and inserting the
following new item:
‘‘2193b. Improvement of education in technical fields: program for support of elementary and secondary education in science, technology, engineering,
art and design, and mathematics.’’.
SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF DEFENSE STARBASE PROGRAM.

Section 2193b(h) of title 10, United States Code, is amended
by inserting ‘‘the Commonwealth of the Northern Mariana Islands,
American Samoa,’’ before ‘‘and Guam’’.
SEC. 593. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH
OF THE ARMY.

Section 582(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 763 note) is
amended—
(1) in paragraph (1), by striking ‘‘October 1, 2020’’ and
inserting ‘‘October 1, 2025’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘September 30, 2020’’ and inserting ‘‘September
30, 2025’’;
(B) in subparagraph (B), by inserting ‘‘, the explosive
ordnance disposal commandant (chief of explosive ordnance
disposal),’’ before ‘‘qualified’’; and
(C) by adding at the end the following new subparagraph:
‘‘(G) The explosive ordnance disposal commandant
(chief of explosive ordnance disposal) has determined
whether explosive ordnance disposal soldiers have the
appropriate skills necessary to support missions of special
operations forces (as identified in section 167(j) of title
10, United States Code). Such skills may include airborne,
air assault, combat diver, fast roping insertion and extraction, helocasting, military free-fall, and off-road driving.’’.

10 USC 7063
note.

Deadline.
10 USC 503 note.

SEC. 594. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST
SPECIAL PURPOSE ADJUNCT TO ADDRESS COMPUTATIONAL THINKING.

Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall establish a special purpose
test adjunct to the Armed Services Vocational Aptitude Battery
test to address computational thinking skills relevant to military
applications, including problem decomposition, abstraction, pattern
recognition, analytical ability, the identification of variables
involved in data representation, and the ability to create algorithms
and solution expressions.

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SEC. 595. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL
REPORT ON THE ASSESSMENT OF THE EFFECTIVENESS
OF ACTIVITIES OF THE FEDERAL VOTING ASSISTANCE
PROGRAM.

(a) ELIMINATION OF REPORTS FOR NON-ELECTION YEARS.—Section 105A(b) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20308(b)) is amended, in the matter preceding
paragraph (1)—

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(1) by striking ‘‘March 31 of each year’’ and inserting ‘‘September 30 of each odd-numbered year’’; and
(2) by striking ‘‘the following information’’ and inserting
‘‘the following information with respect to the Federal elections
held during the preceding calendar year’’.
(b) CONFORMING AMENDMENTS.—Subsection (b) of section 105A
of such Act (52 U.S.C. 20308(b)) is amended—
(1) in the subsection heading, by striking ‘‘ANNUAL REPORT’’
and inserting ‘‘BIENNIAL REPORT’’; and
(2) in paragraph (3), by striking ‘‘In the case of’’ and all
that follows through ‘‘a description’’ and inserting ‘‘A description’’.
SEC. 596. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS
BY MEMBERS OF OTHER ARMED FORCES WHEN MEMBERS
OF THE ARMED FORCE OF THE DECEASED ARE UNAVAILABLE.

(a) BRIEFING ON PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of
the Senate and the House of Representatives setting forth
a plan for the performance of a funeral honors detail at the
funeral of a deceased member of the Armed Forces by one
or more members of the Armed Forces from an Armed Force
other than that of the deceased when—
(A) members of the Armed Force of the deceased are
unavailable for the performance of the detail;
(B) the performance of the detail by members of other
Armed Forces is requested by the family of the deceased;
and
(C) the chief of the Armed Force of the deceased verifies
the eligibility of the deceased for such funeral honors.
(2) REPEAL OF REQUIREMENT FOR ONE MEMBER OF ARMED
FORCE OF DECEASED IN DETAIL.—Section 1491(b)(2) of title 10,
United States Code, is amended in the first sentence by striking
‘‘, at least one of whom shall be a member of the armed
force of which the veteran was a member’’.
(3) PERFORMANCE.—The plan required by paragraph (1)
shall authorize the performance of funeral honors details by
members of the Army National Guard and the Air National
Guard under section 115 of title 32, United States Code, and
may authorize the remainder of such details to consist of members of veterans organizations or other organizations approved
for purposes of section 1491 of title 10, United States Code,
as provided for by subsection (b)(2) of such section 1491.
(b) ELEMENTS.—The briefing under subsection (a) shall include
a detailed description of the authorities and requirements for the
implementation of the plan, including administrative, logistical,
coordination, and funding authorities and requirements.

Deadline.

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SEC. 597. STUDY ON FINANCIAL IMPACTS OF THE CORONAVIRUS DISEASE 2019 ON MEMBERS OF THE ARMED FORCES AND BEST
PRACTICES TO PREVENT FUTURE FINANCIAL HARDSHIPS.

(a) STUDY.—The Secretary of Defense shall conduct a study
on the financial hardships experienced by members of the Armed
Forces (including the reserve components) as a result of the
Coronavirus Disease 2019 (COVID–19) pandemic.

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Reports.

PUBLIC LAW 116–283—JAN. 1, 2021

(b) ELEMENTS.—The study shall—
(1) examine the financial hardships members of the Armed
Forces experience as a result of the COVID–19 pandemic,
including the effects of stop movement orders, loss of spousal
income, loss of hazardous duty incentive pay, school closures,
loss of childcare, loss of educational benefits, loss of drill and
exercise pay, cancelled deployments, and any additional financial stressors identified by the Secretary;
(2) identify best practices to provide assistance for members
of the Armed Forces experiencing the financial hardships listed
in paragraph (1); and
(3) identify actions that can be taken by the Secretary
to prevent financial hardships listed in paragraph (1) from
occurring in the future.
(c) CONSULTATION AND COORDINATION.—For the purposes of
the study, the Secretary may—
(1) consult with the Director of the Consumer Financial
Protection Bureau; and
(2) with respect to members of the Coast Guard, coordinate
with the Secretary of Homeland Security.
(d) SUBMISSION.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study under subsection (a).
(e) FINANCIAL HARDSHIP DEFINED.—In this section, the term
‘‘financial hardship’’ means a loss of income or an unforeseen
expense as a result of closures and changes in operations in response
to the COVID–19 pandemic.
SEC. 598. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS TEST.

Study.

The Secretary of the Army may not implement the Army Combat Fitness Test until the Secretary receives results of a study,
conducted for purposes of this section by an entity independent
of the Department of Defense, on the following:
(1) The extent, if any, to which the test would adversely
impact members of the Army stationed or deployed to climates
or areas with conditions that make prohibitive the conduct
of outdoor physical training on a frequent or sustained basis.
(2) The extent, if any, to which the test would affect recruitment and retention in critical support military occupational
specialties of the Army, such as medical personnel.
SEC. 599. SEMIANNUAL REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS OF THE COMPREHENSIVE REVIEW OF
SPECIAL OPERATIONS FORCES CULTURE AND ETHICS.

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Time period.
Coordination.

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(a) SEMIANNUAL REPORTS REQUIRED.—Not later than March
1, 2021, and every 180 days thereafter through March 1, 2024,
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict shall, in coordination with the Commander of
the United States Special Operations Command, submit to the
congressional defense committees a report on the current status
of the implementation of the actions recommended as a result
of the Comprehensive Review of Special Operations Forces Culture
and Ethics.
(b) ELEMENTS.—Each report under subsection (a) shall include
the following:

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(1) A list of the actions required as of the date of such
report to complete full implementation of each of the 16 actions
recommended by the Comprehensive Review referred to in subsection (a).
(2) An identification of the office responsible for completing
each action listed pursuant to paragraph (1), and an estimated
timeline for completion of such action.
(3) If completion of any action listed pursuant to paragraph
(1) requires resources or actions for which authorization by
statute is required, a recommendation for legislative action
for such authorization.
(4) Any other matters the Assistant Secretary or the Commander considers appropriate.

List.

SEC. 599A. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO
WORLD WAR II VETERANS ON NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMIC AND HUMANITARIAN
INTERESTS OF THE UNITED STATES.

(a) IN GENERAL.—Not later than December 31, 2020, the Secretary of Homeland Security, in consultation with the Secretary
of Defense and the Secretary of State, shall submit to the congressional defense committees a report on the impact of the children
of certain Filipino World War II veterans on the national security,
foreign policy, and economic and humanitarian interests of the
United States.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) The number of Filipino World War II veterans who
fought under the United States flag during World War II to
protect and defend the United States in the Pacific theater.
(2) The number of Filipino World War II veterans who
died fighting under the United States flag during World War
II to protect and defend the United States in the Pacific theater.
(3) An assessment of the economic and tax contributions
that Filipino World War II veterans and their families have
made to the United States.
(4) An assessment of the impact on the United States
of exempting from the numerical limitations on immigrant visas
the children of the Filipino World War II veterans who were
naturalized under—
(A) section 405 of the Immigration Act of 1990 (Public
Law 101–649; 8 U.S.C. 1440 note); or
(B) title III of the Nationality Act of 1940 (54 Stat.
1137; chapter 876), as added by section 1001 of the Second
War Powers Act, 1942 (56 Stat. 182; chapter 199).

Consultation.

Assessments.

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TITLE VI—MILITARY COMPENSATION
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity leave
taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive basic
allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and transportation
allowances.
Sec. 605. Expansion of travel and transportation allowances to include fares and
tolls.

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PUBLIC LAW 116–283—JAN. 1, 2021

Sec. 606. One-time uniform allowance for officers who transfer to the Space Force.
Subtitle B—Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Increase in special and incentive pays for officers in health professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the uniformed
services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship required for
family separation allowance for members of the uniformed services.
Subtitle C—Disability Pay, Retired Pay, and Family and Survivor Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves while on
duty.
Sec. 622. Restatement and clarification of authority to reimburse members for
spouse relicensing costs pursuant to a permanent change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child care services
and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of the Armed
Forces whose spouse agrees to provide family home day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by military
spouses.
Sec. 629. Report on implications of expansion of authority to provide financial assistance to civilian providers of child care services or youth program
services for survivors of members of the Armed Forces who die in the
line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for surviving
remarried spouses with dependent children of members of the Armed
Forces who die while on active duty or certain reserve duty.
Subtitle D—Defense Resale Matters
Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the defense resale system.
Subtitle E—Other Personnel Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government lodging
program.
Sec. 643. Operation of Stars and Stripes.

Subtitle A—Pay and Allowances
37 USC 1009
note.
Effective date.

SEC. 601. INCREASE IN BASIC PAY.

Effective on January 1, 2021, the rates of monthly basic pay
for members of the uniformed services are increased by 3.0 percent.

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SEC. 602. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES
FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE
RESERVE COMPONENTS.

(a) COMPENSATION.—Section 206(a) of title 37, United States
Code, is amended—
(1) in paragraph (2), by striking ‘‘or’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) for each of six days for each period during which
the member is on maternity leave.’’.
(b) CREDIT FOR RETIRED PAY PURPOSES.—

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(1) IN GENERAL.—The period of maternity leave taken by
a member of the reserve components of the Armed Forces
in connection with the birth of a child shall count toward
the member’s entitlement to retired pay, and in connection
with the years of service used in computing retired pay, under
chapter 1223 of title 10, United States Code, as 12 points.
(2) SEPARATE CREDIT FOR EACH PERIOD OF LEAVE.—Separate
crediting of points shall accrue to a member pursuant to this
subsection for each period of maternity leave taken by the
member in connection with a childbirth event.
(3) WHEN CREDITED.—Points credited a member for a period
of maternity leave pursuant to this subsection shall be credited
in the year in which the period of maternity leave concerned
commences.
(4) CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO
RETIRED PAY.—Section 12732(a)(2) of title 10, United States
Code, as amended by section 516 of this Act, is further
amended—
(A) by inserting after subparagraph (F) the following
new subparagraph:
‘‘(G) Points at the rate of 12 per period during which
the member is on maternity leave.’’; and
(B) in the matter following subparagraph (G), as
inserted by subparagraph (A), by striking ‘‘and (F)’’ and
inserting ‘‘(F), and (G)’’.
(5) COMPUTATION OF YEARS OF SERVICE FOR RETIRED PAY.—
Section 12733 of such title is amended—
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following new
paragraph (5):
‘‘(5) One day for each point credited to the person under
subparagraph (F) of section 12732(a)(2) of this title.’’.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the date of the enactment
of this Act, and shall apply with respect to periods of maternity
leave that commence on or after that date.

10 USC 12732
note.

Applicability.
10 USC 12732
note.

SEC. 603. PROVISION OF INFORMATION REGARDING SCRA TO MEMBERS WHO RECEIVE BASIC ALLOWANCE FOR HOUSING.

Section 403 of title 37, United States Code, is amended by
adding at the end the following:
‘‘(p) INFORMATION ON RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.—The Secretary concerned shall
provide to each member of a uniformed service who receives a
basic allowance for housing under this section information on the
rights and protections available to such member under the
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.)—
‘‘(1) when such member first receives such basic allowance
for housing; and
‘‘(2) each time such member receives a permanent change
of station.’’.

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SEC. 604. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN
TRAVEL AND TRANSPORTATION ALLOWANCES.

(a) PER DIEM
STATES.—

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134 STAT. 3672

PUBLIC LAW 116–283—JAN. 1, 2021
(1) TRANSFER TO CHAPTER 7.—Section 475 of title 37, United
States Code, is transferred to chapter 7 of such title, inserted
after section 403b, and redesignated as section 405.
(2) REPEAL OF TERMINATION PROVISION.—Section 405 of
title 37, United States Code, as added by paragraph (1), is
amended by striking subsection (f).
(b) ALLOWANCE FOR FUNERAL HONORS DUTY.—
(1) TRANSFER TO CHAPTER 7.—Section 495 of title 37, United
States Code, is transferred to chapter 7 of such title, inserted
after section 433a, and redesignated as section 435.
(2) REPEAL OF TERMINATION PROVISION.—Section 435 of
title 37, United States Code, as added by paragraph (1), is
amended by striking subsection (c).
(c) CLERICAL AMENDMENTS.—
(1) CHAPTER 7.—The table of sections at the beginning
of chapter 7 of title 37, United States Code, is amended—
(A) by inserting after the item relating to section 403b
the following new item:

37 USC 401 prec.

‘‘405. Travel and transportation allowances: per diem while on duty outside the continental United States.’’; and

(B) by inserting after the item relating to section 433a
the following new item:
‘‘435. Funeral honors duty: allowance.’’.

(2) CHAPTER 8.—The table of sections at the beginning
of chapter 8 of title 37, United States Code, is amended by
striking the items relating to sections 475 and 495.

37 USC 451 prec.

SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO INCLUDE FARES AND TOLLS.

Section 452(c)(1) of title 37, United States Code, is amended
by inserting ‘‘(including fares and tolls, without regard to distance
travelled)’’ after ‘‘transportation’’.
37 USC 416 note.

SEC. 606. ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.

Reimbursement.

(a) IN GENERAL.—The Secretary of the Air Force may provide
an officer who transfers from the Army, Navy, Air Force, or Marine
Corps to the Space Force an allowance of not more than $400
as reimbursement for the purchase of required uniforms and equipment.
(b) RELATIONSHIP TO OTHER ALLOWANCES.—The allowance
under this section is in addition to any allowance available under
any other provision of law.
(c) SOURCE OF FUNDS.—Funds for allowances provided under
subsection (a) in a fiscal year may be derived only from amounts
authorized to be appropriated for military personnel of the Space
Force for such fiscal year.
(d) APPLICABILITY.—The authority for an allowance under this
section shall apply with respect to any officer described in subsection
(a) who transfers to the Space Force—
(1) during the period beginning on December 20, 2019,
and ending on September 30, 2022; and
(2) on or after the date the Secretary of the Air Force
prescribes the official uniform for the Space Force.

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Time period.
Effective date.

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134 STAT. 3673

Subtitle B—Bonuses and Special Incentive
Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.

(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended by
striking ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFESSIONALS.—The following sections of title 10, United States Code,
are amended by striking ‘‘December 31, 2020’’ and inserting
‘‘December 31, 2021’’:
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section
333(i) of title 37, United States Code, is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sections of title 37, United States Code, are amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers’
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or proficiency bonus.
(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high
priority units.
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ‘‘December 31,
2020’’ and inserting ‘‘December 31, 2021’’.

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SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR OFFICERS
IN HEALTH PROFESSIONS.

(a) ACCESSION BONUS GENERALLY.—Subparagraph (A) of section 335(e)(1) of title 37, United States Code, is amended by striking
‘‘$30,000’’ and inserting ‘‘$100,000’’.

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Applicability.
37 USC 335 note.

PUBLIC LAW 116–283—JAN. 1, 2021

(b) ACCESSION BONUS FOR CRITICALLY SHORT WARTIME
SPECIALTIES.—Subparagraph (B) of such section is amended by
striking ‘‘$100,000’’ and inserting ‘‘$200,000’’.
(c) RETENTION BONUS.—Subparagraph (C) of such section is
amended by striking ‘‘$75,000’’ and inserting ‘‘$150,000’’.
(d) INCENTIVE PAY.—Subparagraph (D) of such section is
amended—
(1) in clause (i), by striking ‘‘$100,000’’ and inserting
‘‘$200,000’’; and
(2) in clause (ii), by striking ‘‘$15,000’’ and inserting
‘‘$50,000’’.
(e) BOARD CERTIFICATION PAY.—Subparagraph (E) of such section is amended by striking ‘‘$6,000’’ and inserting ‘‘$15,000’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to special bonus and incentive pays payable
under section 335 of title 37, United States Code, pursuant to
agreements entered into under that section on or after the date
of the enactment of this Act.
SEC. 613. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY
FOR MEMBERS OF THE UNIFORMED SERVICES.

Section 351(b) of title 37, United States Code, is amended
by striking ‘‘$250’’ both places it appears and inserting ‘‘$275’’.

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SEC. 614. PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF THE UNIFORMED SERVICES.

Section 351 of title 37, United States Code, is amended—
(1) in subsection (c)(2)—
(A) in subparagraph (A)(i), by striking ‘‘shall’’ and
inserting ‘‘may’’;
(B) in subparagraph (B)—
(i) by striking ‘‘paragraph (2) or (3)’’ and inserting
‘‘paragraph (2)’’;
(ii) by striking ‘‘the Secretary concerned may prorate’’ and all that follows and inserting ‘‘the Secretary
concerned—’’; and
(C) by adding at the end the following:
‘‘(i) may prorate the payment amount to reflect
the duration of the member’s actual qualifying service
during the month; and
‘‘(ii) in the case of member who performs hazardous
duty specifically designated by the Secretary concerned, shall pay the member hazardous duty pay in
an amount not to exceed the maximum amount of
hazardous duty pay that would be payable to the
member under subsection (b)(2) for the entire month,
regardless of the duration of the qualifying service.
‘‘(C) In the case of hazardous duty pay payable under
paragraph (3) of subsection (a), the Secretary concerned
may prorate the payment amount to reflect the duration
of the member’s actual qualifying service during the
month.’’; and
(2) in subsection (h), by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’.

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134 STAT. 3675

SEC. 615. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON
BOARD A SHIP REQUIRED FOR FAMILY SEPARATION
ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES.

Section 427(a)(1)(B) of title 37, United States Code, is amended
by inserting ‘‘(or under orders to remain on board the ship while
at the home port)’’ after ‘‘of the ship’’.

Subtitle C—Disability Pay, Retired Pay,
and Family and Survivor Benefits

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SEC. 621. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN RESERVES WHILE ON DUTY.

(a) CHANGE IN PRIORITY OF PAYMENTS FOR RETIRED OR
RETAINER PAY.—Subsection (a) of section 12316 of title 10, United
States Code, is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and
(B) by striking ‘‘his earlier military service’’ and
inserting ‘‘the Reserve’s earlier military service’’;
(C) by striking ‘‘a pension, retired or retainer pay,
or disability compensation’’ and inserting ‘‘retired or
retainer pay’’; and
(D) by striking ‘‘he is entitled’’ and inserting ‘‘the
Reserve is entitled’’; and
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
‘‘(1) the pay and allowances authorized by law for the
duty that the Reserve is performing; or
‘‘(2) if the Reserve specifically waives those payments, the
retired or retainer pay to which the Reserve is entitled because
of the Reserve’s earlier military service.’’.
(b) PAYMENTS FOR PENSION OR DISABILITY COMPENSATION.—
Such section is further amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection (b):
‘‘(b) Except as provided by subsection (c), a Reserve of the
Army, Navy, Air Force, Marine Corps, or Coast Guard who because
of the Reserve’s earlier military service is entitled to a pension
or disability compensation, and who performs duty for which the
Reserve is entitled to compensation, may elect to receive for that
duty either—
‘‘(1) the pension or disability compensation to which the
Reserve is entitled because of the Reserve’s earlier military
service; or
‘‘(2) if the Reserve specifically waives those payments, the
pay and allowances authorized by law for the duty that the
Reserve is performing.’’.
(c) ADDITIONAL CONFORMING AND MODERNIZING AMENDMENTS.—Subsection (c) of such section, as redesignated by subsection (b)(1) of this section, is amended—
(1) by striking ‘‘(a)(2)’’ both places it appears and inserting
‘‘(a)(1) or (b)(2), as applicable,’’;

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134 STAT. 3676

Regulations.

10 USC 12316
note.

PUBLIC LAW 116–283—JAN. 1, 2021

(2) by striking ‘‘his earlier military service’’ the first place
it appears and inserting ‘‘a Reserve’s earlier military service’’;
(3) by striking ‘‘his earlier military service’’ each other
place it appears and inserting ‘‘the Reserve’s earlier military
service’’;
(4) by striking ‘‘he is entitled’’ and inserting ‘‘the Reserve
is entitled’’; and
(5) by striking ‘‘the member or his dependents’’ and
inserting ‘‘the Reserve or the Reserve’s dependents’’.
(d) PROCEDURES.—Such section is further amended by adding
at the end the following new subsection:
‘‘(d) The Secretary of Defense shall prescribe regulations under
which a Reserve of the Army, Navy, Air Force, Marine Corps,
or Coast Guard may waive the pay and allowances authorized
by law for the duty the Reserve is performing under subsection
(a)(2) or (b)(2).’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect 180 days after the date of the enactment of this
Act.
SEC. 622. RESTATEMENT AND CLARIFICATION OF AUTHORITY TO
REIMBURSE MEMBERS FOR SPOUSE RELICENSING COSTS
PURSUANT TO A PERMANENT CHANGE OF STATION.

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Definition.

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(a) IN GENERAL.—Section 453 of title 37, United States Code,
is amended by adding at the end the following new subsection:
‘‘(g) REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING
COSTS INCIDENT TO A MEMBER’S PERMANENT CHANGE OF STATION
OR ASSIGNMENT.—(1) From amounts otherwise made available for
a fiscal year to provide travel and transportation allowances under
this chapter, the Secretary concerned may reimburse a member
of the uniformed services for qualified relicensing costs of the spouse
of the member when—
‘‘(A) the member is reassigned, either as a permanent
change of station or permanent change of assignment, between
duty stations located in separate jurisdictions with unique
licensing or certification requirements and authorities; and
‘‘(B) the movement of the member’s dependents is authorized at the expense of the United States under this section
as part of the reassignment.
‘‘(2) Reimbursement provided to a member under this subsection may not exceed $1000 in connection with each reassignment
described in paragraph (1).
‘‘(3) No reimbursement may be provided under this subsection
for qualified relicensing costs paid or incurred after December 31,
2024.
‘‘(4) In this subsection, the term ‘qualified relicensing costs’
means costs, including exam, continuing education courses, and
registration fees, incurred by the spouse of a member if—
‘‘(A) the spouse was licensed or certified in a profession
during the member’s previous duty assignment and requires
a new license or certification to engage in that profession in
a new jurisdiction because of movement described in paragraph
(1)(B) in connection with the member’s change in duty location
pursuant to reassignment described in paragraph (1)(A); and
‘‘(B) the costs were incurred or paid to secure or maintain
the license or certification from the new jurisdiction in connection with such reassignment.’’.

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134 STAT. 3677

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 476 of such
title is amended by striking subsection (p).

37 USC 476.

SEC. 623. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES.

Section 623(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92) is amended by striking ‘‘the
date of the enactment of this Act’’ and inserting ‘‘May 1, 2017’’.

10 USC 1475
note.

SEC. 624. EXPANSION OF ASSISTANCE FOR GOLD STAR SPOUSES AND
OTHER DEPENDENTS.

Section 633(a) of the National Defense Authorization Act for
Fiscal Year 2014 (10 U.S.C. 1475 note) is amended—
(1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(2) by inserting ‘‘(1)’’ before ‘‘Each Secretary’’;
(3) in the matter preceding paragraph (1), by inserting
‘‘a casualty assistance officer who is’’ after ‘‘jurisdiction of such
Secretary’’;
(4) by striking ‘‘spouses and other dependents of members’’
and all that follows through ‘‘services:’’ and inserting an em
dash; and
(5) by inserting before subparagraph (A), as redesignated,
the following:
‘‘(A) a spouse and any other dependent of a member of
such Armed Force (including the reserve components thereof)
who dies on active duty; and
‘‘(B) a dependent described in subparagraph (A) if the
spouse of the deceased member dies and the dependent (or
the guardian of such dependent) requests such assistance.
‘‘(2) Casualty assistance officers described in paragraph (1)
shall provide to spouses and dependents described in that paragraph
the following services:’’.

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SEC. 625. GOLD STAR FAMILIES PARKS PASS.

(a) IN GENERAL.—Section 805(b) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(b)) is amended by adding
at the end the following:
‘‘(3) GOLD STAR FAMILIES PARKS PASS.—The Secretary shall
make the National Parks and Federal Recreational Lands Pass
available, at no cost, to members of Gold Star Families who
meet the eligibility requirements of section 3.2 of Department
of Defense Instruction 1348.36 (or a successor instruction).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 805
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804)
is amended—
(1) in subsection (a)(7), in the first sentence, by striking
‘‘age and disability’’; and
(2) in subsection (b)—
(A) in paragraph (1)(A), in the second sentence, in
the matter preceding clause (i), by striking ‘‘this subsection’’
and inserting ‘‘this paragraph’’; and
(B) in paragraph (2), in the second sentence, by striking
‘‘this subsection’’ and inserting ‘‘this paragraph’’.

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SEC. 626. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD CARE SERVICES AND YOUTH PROGRAM
SERVICES FOR DEPENDENTS.
Deadline.
Determination.

(a) IN GENERAL.—Not later than July 1, 2021, the Secretary
of Defense shall develop a method by which to determine and
implement appropriate amounts of financial assistance under section 1798 of title 10, United States Code. In such development,
the Secretary shall take into consideration the following:
(1) Grades of members of the Armed Forces.
(2) The cost of living in an applicable locale.
(3) Whether a military installation has a military child
development center, including any wait list length.
(4) Whether a military child development center has vacant
child care employee positions.
(5) The capacity of licensed civilian child care providers
in an applicable locale.
(6) The average cost of licensed civilian child care services
available in an applicable locale.
(7) The sufficiency of the stipend furnished by the Secretary
to members of the Armed Forces for civilian child care.
(b) REPORT.—Not later than August 1, 2021, the Secretary
shall submit a report the Committees on Armed Services of the
Senate and the House of Representatives on the method developed
under this section.
(c) DEFINITIONS.—In this section, the terms ‘‘child care
employee’’ and ‘‘military child development center’’ have the
meanings given those terms in section 1800 of title 10, United
States Code.

Determinations.
10 USC 1796
note.

SEC. 627. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A
MEMBER OF THE ARMED FORCES WHOSE SPOUSE AGREES
TO PROVIDE FAMILY HOME DAY CARE SERVICES.

(a) PRIORITY.—If the Secretary of a military department determines that not enough child care employees are employed at a
military child development center on a military installation under
the jurisdiction of that Secretary to adequately care for the children
of members of the Armed Forces stationed at that military installation, the Secretary, to the extent practicable, may give priority
for covered military family housing to a member whose spouse
is an eligible military spouse.
(b) NUMBER OF PRIORITY POSITIONS.—A Secretary of a military
department may grant priority under subsection (a) only to the
minimum number of eligible military spouses that the Secretary
determines necessary to provide adequate child care to the children
of members stationed at a military installation described in subsection (a).
(c) LIMITATION.—Nothing in this section may be construed to
require the Secretary of a military department to provide covered
military family housing that has been adapted for disabled individuals to a member under this section instead of to a member with
one more dependents enrolled in the Exceptional Family Member
Program.
(d) RESULT OF FAILURE TO PROVIDE FAMILY HOME DAY CARE
SERVICES OR LOSS OF ELIGIBILITY.—The Secretary of the military
department concerned may remove a household provided covered
military family housing under this section therefrom if the Secretary
determines the spouse of that member has failed to abide by an

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agreement described in subsection (e)(3) or has ceased to be an
eligible military spouse. Such removal may not occur sooner than
60 days after the date of such determination.
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘child care employee’’, ‘‘family home day
care’’, and ‘‘military child development center’’ have the
meanings given those terms in section 1800 of title 10, United
States Code.
(2) The term ‘‘covered military family housing’’ means military family housing—
(A) located on a military installation described in subsection (a); and
(B) that the Secretary of the military department concerned determines is large enough to provide family home
day care services to no fewer than six children (not
including children in the household of the eligible military
spouse).
(3) The term ‘‘eligible military spouse’’ means a military
spouse who—
(A) is eligible for military family housing;
(B) is eligible to provide family home day care services;
(C) has provided family home day care services for
at least one year; and
(D) agrees in writing to provide family home day care
services in covered military family housing for a period
not shorter than one year.

Time period.

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SEC. 628. STUDY ON FEASIBILITY AND ADVISABILITY OF TSP CONTRIBUTIONS BY MILITARY SPOUSES.

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study on the feasibility and advisability of potential enhancements
to the military Thrift Savings Plan administered by the Federal
Retirement Thrift Investment Board.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) An evaluation of the effect of allowing military spouses
to contribute or make eligible retirement account transfers
to the military Thrift Savings Plan account of the member
of the Armed Forces to whom that military spouse in married.
(2) Legislation the Secretary determines necessary to
permit contributions and transfers described in paragraph (1).
(c) REPORTING.—
(1) INITIAL REPORT.—Not later than February 1, 2021, the
Secretary of Defense shall submit to the Committee on Homeland Security & Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Federal Retirement Thrift Investment Board,
a report on the results of the study under subsection (a).
(2) ANALYSIS.—Not later than 60 days after receiving the
report under paragraph (1), the Federal Thrift Savings Retirement Board shall analyze the report under paragraph (1), generate recommendations and comments it determines appropriate, and submit such analysis, recommendations, and comments to the Secretary.
(3) FINAL REPORT.—Not later than April 1, 2021, the Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives—

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Evaluation.

Determination.
Recommendations.

Deadline.

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134 STAT. 3680

PUBLIC LAW 116–283—JAN. 1, 2021
(A) the report under paragraph (1);
(B) the analysis, recommendations, and comments
under paragraph (2); and
(C) the recommendations of the Secretary regarding
elements described in subsection (b).

Analysis.

SEC. 629. REPORT ON IMPLICATIONS OF EXPANSION OF AUTHORITY
TO PROVIDE FINANCIAL ASSISTANCE TO CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH PROGRAM
SERVICES FOR SURVIVORS OF MEMBERS OF THE ARMED
FORCES WHO DIE IN THE LINE OF DUTY.

Analysis.
Time period.

Cost estimate.
Assessment.

Assessment.

Recommendations.

(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the implications
of expansion of the authority under section 1798 of title 10, United
States Code, to provide financial assistance to civilian providers
of child care services or youth program services for survivors of
members of the Armed Forces who die in the line of duty, without
regard to whether such deaths occurred in combat-related incidents.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) An analysis of data during the five years preceding
the date of the report that regarding the number of—
(A) members of the Armed Forces who died in the
line of duty; and
(B) dependents of such members who would be eligible
for services described in subsection (a).
(2) The estimated cost of the expansion described in subsection (a).
(3) An assessment of how such expansion would affect
the availability of such services for children of members of
the Armed Forces on active duty, particularly in areas where
demand for such services by such members is greatest.
(4) An assessment of existing programs of the Department
of Defense that provide financial assistance described in subsection (a).
(5) Recommendations for legislative or administrative
action to expand the provision of services described in subsection (a).
SEC. 629A. REPORT ON EXTENSION OF COMMISSARY AND EXCHANGE
BENEFITS FOR SURVIVING REMARRIED SPOUSES WITH
DEPENDENT CHILDREN OF MEMBERS OF THE ARMED
FORCES WHO DIE WHILE ON ACTIVE DUTY OR CERTAIN
RESERVE DUTY.

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Consultation.
Procedures.

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(a) REPORT REQUIRED.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on procedures of the Department of
Defense by which an eligible remarried spouse may obtain access,
as appropriate, to a military installation in order to use a commissary store or MWR retail facility.
(b) ELEMENTS.— The report under this section shall include
the following:
(1) Procedures by which an eligible remarried spouse may
obtain a personal agent designation.

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(2) Administrative requirements for an eligible remarried
spouse to obtain access described in subsection (a).
(3) An assessment of the consistency of procedures
described in subsection (a) across—
(A) the Armed Forces; and
(B) installations of the Department of Defense.
(4) Security considerations arising from granting access
described in subsection (a).
(5) Other matters the Secretary of Defense determines
appropriate.
(c) DEADLINE.—The Secretary shall submit the report under
this section not later than March 1, 2021.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘eligible remarried spouse’’ means an individual who is a surviving former spouse of a covered member
of the Armed Forces, who has remarried after the death of
the covered member of the Armed Forces and has guardianship
of dependent children of the deceased member;
(2) The term ‘‘covered member of the Armed Forces’’ means
a member of the Armed Forces who dies while serving—
(A) on active duty; or
(B) on such reserve duty as the Secretary of Defense
and the Secretary of Homeland Security may jointly specify
for purposes of this section.
(3) The term ‘‘MWR retail facility’’ has the meaning given
that term in section 1063 of title 10, United States Code.

Requirements.
Assessment.

Subtitle D—Defense Resale Matters
SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS.

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(a) IN GENERAL.—Chapter 54 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1066. Use of commissary stores and MWR facilities: protective services civilian employees
OF
PROTECTIVE
SERVICES
CIVILIAN
‘‘(a)
ELIGIBILITY
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.

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10 USC 1066.

Regulations.

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10 USC 1061
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‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘MWR retail facility’ has the meaning given
that term in section 1063 of this title.
‘‘(2) The term ‘protective services civilian employee’ means
a position in any of the following series (or successor classifications) of the General Schedule:
‘‘(A) Security Administration (GS–0080).
‘‘(B) Fire Protection and Prevention (GS–0081).
‘‘(C) Police (GS–0083).
‘‘(D) Security Guard (GS–0085).
‘‘(E) Emergency Management (GS–0089).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended
by adding at the end the following new item:
‘‘1066. Use of commissary stores and MWR facilities: protective services civilian employees.’’.
SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES.

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Regulations.

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Section 1146 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) EMERGENCY RESPONSE PROVIDERS DURING A DECLARED
MAJOR DISASTER OR EMERGENCY.—The Secretary of Defense may
prescribe regulations to allow an emergency response provider (as
that term is defined in section 2 of the Homeland Security Act
of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170).’’.

Deadlines.

SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION
OF THE DEFENSE RESALE SYSTEM.

Coordination.

(a) IN GENERAL.—Not later than March 1, 2021, the Chief
Management Officer of the Department of Defense, in coordination
with the Undersecretary of Defense for Personnel and Readiness,
shall update the study titled ‘‘Study to Determine the Feasibility
of Consolidation of the Defense Resale Entities’’ and dated December
4, 2018, to include a new business case analysis that—
(1) establishes new baselines for—
(A) savings from the costs of goods sold;
(B) costs of new information technology required for
such consolidation; and
(C) costs of headquarters relocation arising from such
consolidation; and
(2) addresses each recommendation for executive action
in the Government Accountability Office report GAO–20–
418SU.
(b) REVIEW AND COMMENT.—Not later than April 1, 2021, the
Secretary of Defense shall make the updated business case analysis
(in this section referred to as the ‘‘updated BCA’’) available to
the Secretaries of the military departments for comment.
(c) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—Not later than
June 1, 2021, the Secretary of Defense shall make any comments
made under subsection (b) and the updated BCA available to the
Committees on Armed Services of the Senate and the House of
Representatives.

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(d) DELAY OF CONSOLIDATION.—The Secretary of Defense may
not take any action to consolidate military exchanges and commissaries until the Committees on Armed Services of the Senate
and the House of Representatives notify the Secretary in writing
of receipt and acceptance of the updated BCA.

Notification.

Subtitle E—Other Personnel Rights and
Benefits

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SEC. 641. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND
RESERVE MEMBERS OF THE UNIFORMED SERVICES.

(a) CLARIFICATION OF ACTIVITIES FOR WHICH APPROVAL
REQUIRED.—Section 908 of title 37, United States Code, is
amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘subsection (b)’’ and inserting ‘‘subsections (b) and (c)’’; and
(ii) by inserting ‘‘, accepting payment for speeches,
travel, meals, lodging, or registration fees, or accepting
a non-cash award,’’ after ‘‘that employment)’’; and
(B) in paragraph (2), by striking ‘‘armed forces’’ and
inserting ‘‘armed forces, except members serving on active
duty under a call or order to active duty for a period
in excess of 30 days’’;
(2) in the heading of subsection (b), by inserting ‘‘FOR
EMPLOYMENT AND COMPENSATION’’ after ‘‘APPROVAL REQUIRED’’;
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following new subsection (c):
‘‘(c) APPROVAL REQUIRED FOR CERTAIN PAYMENTS AND
AWARDS.—A person described in subsection (a) may accept payment
for speeches, travel, meals, lodging, or registration fees described
in that subsection, or accept a non-cash award described in that
subsection, only if the Secretary concerned approves the payment
or award.’’.
(b) ANNUAL REPORTS ON APPROVALS.—Subsection (d) of such
section, as redesignated by subsection (a)(3) of this section, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Not later than’’;
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by inserting ‘‘, and each approval under subsection (c) for a payment or award described in subsection
(a),’’ after ‘‘in subsection (a)’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The report under paragraph (1) on an approval described
in that paragraph with respect to an officer shall set forth the
following:
‘‘(A) The foreign government providing the employment
or compensation or payment or award.
‘‘(B) The duties, if any, to be performed in connection
with the employment or compensation or payment or award.
‘‘(C) The total amount of compensation, if any, or payment
to be provided.’’.
(c) CONFORMING AMENDMENTS.—

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(1) SECTION HEADING.—The heading of such section is
amended to read as follows:

37 USC 901 prec.

‘‘§ 908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments’’.
(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 17 of such title is amended by striking the
item relating to section 908 and inserting the following new
item:
‘‘908. Reserves and retired members: acceptance of employment, payments, and
awards from foreign governments.’’.
SEC. 642. PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE
GOVERNMENT LODGING PROGRAM.

(a) PERMANENT AUTHORITY.—Section 914 of the Carl Levin
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization
Act for Fiscal Year 2015 (5 U.S.C. 5911 note) is amended—
(1) in subsection (a), by striking ‘‘, for the period of time
described in subsection (b),’’; and
(2) by striking subsection (b).
(b) TEMPORARY EXCLUSION OF CERTAIN SHIPYARD EMPLOYEES.—
Such section is further amended by inserting after subsection (a)
the following new subsection (b):
‘‘(b)
TEMPORARY
EXCLUSION
OF
CERTAIN
SHIPYARD
EMPLOYEES.—
‘‘(1) IN GENERAL.—In carrying out a Government lodging
program under subsection (a), the Secretary shall exclude from
the requirements of the program employees who are traveling
for the performance of mission functions of a public shipyard
of the Department if the Secretary determines such requirements would adversely affect the purpose or mission of such
travel.
‘‘(2) TERMINATION.—This subsection shall terminate on September 30, 2023.’’.
(c) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘SEC. 914. GOVERNMENT LODGING PROGRAM.’’.
SEC. 643. OPERATION OF STARS AND STRIPES.
Time period.
Notice.

Coordination.

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Analysis.

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(a) OPERATION.—Subject to appropriations, the Secretary of
Defense may not cease operation and maintenance of Stars and
Stripes until 180 days after the date on which the Secretary submits
to the Committees on Armed Service of the Senate and the House
of Representatives notice of the proposed cessation of such operation
and maintenance.
(b) REPORT ON BUSINESS CASE ANALYSIS.—Not later than
March 1, 2021, the Secretary of Defense, in coordination with the
editor of Stars and Stripes, shall submit a report to the Committees
on Armed Services of the Senate and the House of Representatives
detailing the business case analysis for various options for Stars
and Stripes. The report shall contain the following elements:
(1) An analysis of the pros and cons of, and business
case for, continuing the operation and publication of Stars
and Stripes at its current levels, including other options for
the independent reporting currently provided, especially in a
deployed environment.

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(2) An analysis of the modes of communication used by
Stars and Stripes.
(3) An analysis of potential reduced operations of Stars
and Stripes.
(4) An analysis of the operation of Stars and Stripes solely
as a non-appropriated fund entity.
(5) An analysis of operating Stars and Stripes as a category
B morale, welfare, and recreation entity.
(6) An assessment of the value of the availability of Stars
and Stripes (in print or an electronic version) to deployed
or overseas members of the Armed Forces.

Assessment.

TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency medical treatment provided at military medical treatment facilities.
Sec. 703. Authority for Secretary of Defense to manage provider type referral and
supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care Health
Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the reserve
components.
Sec. 706. Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program.
Subtitle B—Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical supplies in national security strategy for national technology and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the Health
Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services University of the
Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the Health
Sciences from certain Paperwork Reduction Act requirements.
Sec. 717. Modification to limitation on the realignment or reduction of military
medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or realignment of
military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to electronic
health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in postdeployment
health reassessments.

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Subtitle C—Matters Relating to COVID–19
Sec. 731. COVID–19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the National Guard
serving under orders in response to the coronavirus (COVID–19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with COVID–19.
Sec. 735. Health assessments of veterans diagnosed with pandemic diseases to determine exposure to open burn pits and toxic airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health services to members of the Armed Forces during the COVID–19 pandemic.
Subtitle D—Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense.

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Sec. 743. Extension of authority for Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical treatment at
military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among military
aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of the Armed
Forces stationed at remote installations outside the contiguous United
States.
Sec. 753. Study on medevac helicopters and ambulances at certain military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental health
conditions among members of the Armed Forces and their dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the National
Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across Armed Forces.
Sec. 757. Study on force mix options and service models to enhance readiness of
medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of Defense.
Subtitle E—Mental Health Services From Department of Veterans Affairs for
Members of Reserve Components
Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces.
Sec. 763. Provision of mental health services from Department of Veterans Affairs
to members of reserve components of the Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health programs
of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by Department of
Veterans Affairs to members of the Armed Forces.

Subtitle A—TRICARE and Other Health
Care Benefits
SEC. 701. IMPROVEMENT TO BREAST CANCER SCREENING.

Section 1074d(b)(2) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘, including
through the use of digital breast tomosynthesis’’.

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SEC. 702. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR
EMERGENCY MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.

Section 1079b of title 10, United States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection (b):
‘‘(b) WAIVER OF FEES.—The Secretary may waive a fee that
would otherwise be charged under the procedures implemented
under subsection (a) to a civilian who is not a covered beneficiary
if—
‘‘(1) the civilian is unable to pay for the costs of the trauma
or other medical care provided to the civilian (including any
such costs remaining after the Secretary receives payment from
an insurer for such care, as applicable); and

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‘‘(2) the provision of such care enhances the knowledge,
skills, and abilities of health care providers, as determined
by the Secretary.’’.
SEC. 703. AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER TYPE REFERRAL AND SUPERVISION REQUIREMENTS UNDER TRICARE PROGRAM.

Section 1079(a)(12) of title 10, United States Code, is amended,
in the first sentence, by striking ‘‘or certified clinical social worker,’’
and inserting ‘‘certified clinical social worker, or other class of
provider as designated by the Secretary of Defense,’’.

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SEC. 704. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE
EXTENDED CARE HEALTH OPTION PROGRAM.

(a) EXTENDED BENEFITS FOR ELIGIBLE DEPENDENTS.—Subsection (e) of section 1079 of title 10, United States Code, is amended
to read as follows:
‘‘(e)(1) Extended benefits for eligible dependents under subsection (d) may include comprehensive health care services
(including services necessary to maintain, or minimize or prevent
deterioration of, function of the patient) and case management
services with respect to the qualifying condition of such a dependent,
and include, to the extent such benefits are not provided under
provisions of this chapter other than under this section, the following:
‘‘(A) Diagnosis and screening.
‘‘(B) Inpatient, outpatient, and comprehensive home health
care supplies and services which may include cost-effective
and medically appropriate services other than part-time or
intermittent services (within the meaning of such terms as
used in the second sentence of section 1861(m) of the Social
Security Act (42 U.S.C. 1395x)).
‘‘(C) Rehabilitation services and devices.
‘‘(D) In accordance with paragraph (2), respite care for
the primary caregiver of the eligible dependent.
‘‘(E) In accordance with paragraph (3), service and modification of durable equipment and assistive technology devices.
‘‘(F) Special education.
‘‘(G) Vocational training, which may be furnished to an
eligible dependent in the residence of the eligible dependent
or at a facility in which such training is provided.
‘‘(H) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in
subsection (a)(12).
‘‘(2) Respite care under paragraph (1)(D) shall be provided
subject to the following conditions:
‘‘(A) Pursuant to regulations prescribed by the Secretary
for purposes of this paragraph, such respite care shall be limited
to 32 hours per month for a primary caregiver.
‘‘(B) Unused hours of such respite care may not be carried
over to another month.
‘‘(C) Such respite care may be provided to an eligible beneficiary regardless of whether the eligible beneficiary is receiving
another benefit under this subsection.
‘‘(3)(A) Service and modification of durable equipment and
assistive technology devices under paragraph (1)(E) may be provided

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Determination.

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Assessments.

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Analyses.

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only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by
the eligible dependent.
‘‘(B) Service and modification of durable equipment and
assistive technology devices under such paragraph may not be
provided—
‘‘(i) in the case of misuse, loss, or theft of the equipment
or device; or
‘‘(ii) for a deluxe, luxury, or immaterial feature of the
equipment or device, as determined by the Secretary.
‘‘(C) Service and modification of durable equipment and
assistive technology devices under such paragraph may include
training of the eligible dependent and immediate family members
of the eligible dependent on the use of the equipment or device.’’.
(b) CONFORMING AMENDMENT.—Subsection (f) of section 1079
of title 10, United States Code, is amended by striking ‘‘paragraph
(3) or (4) of subsection (e)’’ each place it appears and inserting
‘‘subparagraph (C), (E), (F), or (G) of subsection (e)(1)’’.
(c) ADDITIONAL REQUIREMENTS IN OFFICE OF SPECIAL NEEDS
ANNUAL REPORT.—Section 1781c(g)(2) of title 10, United States
Code, is amended—
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
‘‘(C) With respect to the Extended Care Health Option
program under section 1079(d) of this title—
‘‘(i) the utilization rates of services under such program
by eligible dependents (as such term is defined in such
section) during the prior year;
‘‘(ii) a description of gaps in such services, as
ascertained by the Secretary from information provided
by families of eligible dependents;
‘‘(iii) an assessment of factors that prevent knowledge
of and access to such program, including a discussion of
actions the Secretary may take to address these factors;
and
‘‘(iv) an assessment of the average wait time for an
eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such
term is defined in such section), including a discussion
of any adverse health outcomes associated with such wait.’’.
(d) COMPTROLLER GENERAL REPORT.—
(1) SUBMISSION.—Not later than April 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and
the Senate a report on caregiving available to eligible dependents under programs such as home- and community-based services provided under State Medicaid plans pursuant to waivers
under section 1915 of the Social Security Act (42 U.S.C. 1396n)
or the Program of Comprehensive Assistance for Family Caregivers of the Department of Veterans Affairs established under
section 1720G of title 38, United States Code.
(2) MATTERS.—The report under paragraph (1) shall
include—
(A) an analysis of best practices for the administration
of programs to support caregivers of individuals with

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intellectual or physical disabilities, based on input from
payers, administrators, individuals receiving care from
such caregivers, and advocates;
(B) a comparison of the provision of respite and related
care under the Extended Care Health Option program
under section 1079(d) of title 10, United States Code, and
similar care provided under programs specified in paragraph (1), to identify best practices from such program
and, if necessary, make recommendations for improvement;
and
(C) an analysis of the reasons eligible dependents do
not qualify for State programs under which caregiving is
available, such as home- and community-based services
provided under State Medicaid plans as specified in paragraph (1), with respect to the State in which the eligible
dependent is located.
(3) ELIGIBLE DEPENDENT DEFINED.—In this subsection,
‘‘eligible dependent’’ has the meaning given such term in section
1079(d) of title 10, United States Code.
SEC. 705. SALE OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS OF THE RESERVE COMPONENTS.

Section 1077(g) of title 10, United States Code, is amended—
(1) by striking ‘‘In addition’’ and inserting ‘‘(1) In addition’’;
and
(2) by adding at the end the following new paragraph:
‘‘(2) For purposes of selling hearing aids at cost to the United
States under paragraph (1), a dependent of a member of the reserve
components who is enrolled in the TRICARE program under section
1076d of this title shall be deemed to be a dependent eligible
for care under this section.’’.

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SEC. 706. PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION MAINTENANCE MEDICATIONS UNDER TRICARE
PHARMACY BENEFITS PROGRAM.

(a) PILOT PROGRAM.—
(1) AUTHORITY.—Subject to paragraph (2), the Secretary
of Defense may carry out a pilot program under which eligible
covered beneficiaries may elect to receive non-generic prescription maintenance medications selected by the Secretary under
subsection (c) through military medical treatment facility pharmacies, retail pharmacies, or the national mail-order pharmacy
program, notwithstanding section 1074g(a)(9) of title 10, United
States Code.
(2) REQUIREMENT.—The Secretary may carry out the pilot
program under paragraph (1) only if the Secretary determines
that the total costs to the Department of Defense for eligible
covered beneficiaries to receive non-generic prescription maintenance medications under the pilot program will not exceed
the total costs to the Department for such beneficiaries to
receive such medications under the national mail-order pharmacy program pursuant to section 1074g(a)(9) of title 10, United
States Code. In making such determination, the Secretary shall
consider all manufacturer discounts, refunds and rebates, pharmacy transaction fees, and all other costs.
(b) DURATION.—If the Secretary carries out the pilot program
under subsection (a)(1), the Secretary shall carry out the pilot

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10 USC 1074g
note.

Determination.

Deadline.

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Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021

program for a three-year period beginning not later than March
1, 2021.
(c) SELECTION OF MEDICATION.—If the Secretary carries out
the pilot program under subsection (a)(1), the Secretary shall select
non-generic prescription maintenance medications described in section 1074g(a)(9)(C)(ii) of title 10, United States Code, to be covered
by the pilot program.
(d) NOTIFICATION.—If the Secretary carries out the pilot program under subsection (a)(1), in providing each eligible covered
beneficiary with an explanation of benefits, the Secretary shall
notify the beneficiary of whether the medication that the beneficiary
is prescribed is covered by the pilot program.
(e) BRIEFING AND REPORTS.—
(1) BRIEFING.—If the Secretary determines to carry out
the pilot program under subsection (a)(1), not later than 90
days after the date of the enactment of this Act, the Secretary
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the
implementation of the pilot program.
(2) INTERIM REPORT.—If the Secretary carries out the pilot
program under subsection (a)(1), not later than 18 months
after the commencement of the pilot program, the Secretary
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on the pilot program.
(3) COMPTROLLER GENERAL REPORT.—
(A) IN GENERAL.—If the Secretary carries out the pilot
program under subsection (a)(1), not later than March 1,
2024, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on the pilot
program.
(B) ELEMENTS.—The report under subparagraph (A)
shall include the following:
(i) The number of eligible covered beneficiaries
who participated in the pilot program and an assessment of the satisfaction of such beneficiaries with the
pilot program.
(ii) The rate by which eligible covered beneficiaries
elected to receive non-generic prescription maintenance
medications at a retail pharmacy pursuant to the pilot
program, and how such rate affected military medical
treatment facility pharmacies and the national mailorder pharmacy program.
(iii) The amount of cost savings realized by the
pilot program, including with respect to—
(I) dispensing fees incurred at retail pharmacies compared to the national mail-order pharmacy program for brand name prescription drugs;
(II) administrative fees;
(III) any costs paid by the United States for
the drugs in addition to the procurement costs;
(IV) the use of military medical treatment
facilities; and
(V) copayments paid by eligible covered beneficiaries.
(iv) A comparison of supplemental rebates between
retail pharmacies and other points of sale.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3691

(f) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to affect—
(1) the ability of the Secretary to carry out section
1074g(a)(9)(C) of title 10, United States Code, after the date
on which the pilot program is completed; or
(2) the prices established for medications under section
8126 of title 38, United States Code.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘eligible covered beneficiary’’ has the meaning
given that term in section 1074g(i) of title 10, United States
Code.
(2) The terms ‘‘military medical treatment facility pharmacies’’, ‘‘retail pharmacies’’, and ‘‘the national mail-order pharmacy program’’ mean the methods for receiving prescription
drugs as described in clauses (i), (ii), and (iii), respectively,
of section 1074g(a)(2)(E) of title 10, United States Code.

Subtitle B—Health Care Administration
SEC. 711. REPEAL OF ADMINISTRATION OF TRICARE DENTAL PLANS
THROUGH FEDERAL EMPLOYEES DENTAL AND VISION
INSURANCE PROGRAM.

(a) TITLE 5.—Section 8951(8) of title 5, United States Code,
is amended by striking ‘‘1076a or’’.
(b) TITLE 10.—Section 1076a(b) of title 10, United States Code,
is amended to read as follow:
‘‘(b) ADMINISTRATION OF PLANS.—The plans established under
this section shall be administered under regulations prescribed
by the Secretary of Defense in consultation with the other administering Secretaries.’’.
(c) CONFORMING REPEAL.—Section 713 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 132 Stat. 1811) is repealed.
(d) TECHNICAL AMENDMENT.—Section 1076a(a)(1) of title 10,
United States Code, is amended by striking the second sentence.

5 USC 8951 and
note; 10 USC
1076a note.

SEC. 712. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS
DISEASES.

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(a) IN GENERAL.—Chapter 55 of title 10, United States Code,
is amended by inserting after section 1073d the following new
section:
‘‘§ 1073e. Protection of armed forces from infectious diseases
‘‘(a) PROTECTION.—The Secretary of Defense shall develop and
implement a plan to ensure that the armed forces have the diagnostic equipment, testing capabilities, and personal protective
equipment necessary to protect members of the armed forces from
the threat of infectious diseases and to treat members who contract
infectious diseases.
‘‘(b) REQUIREMENTS.—In carrying out subsection (a), the Secretary shall ensure the following:
‘‘(1) Each military medical treatment facility has the testing
capabilities described in such subsection, as appropriate for
the mission of the facility.
‘‘(2) Each deployed naval vessel has access to the testing
capabilities described in such subsection.

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10 USC 1073e.
Plan.

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134 STAT. 3692

Plan.

10 USC 1071
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(3) Members of the armed forces deployed in support of
a contingency operation outside of the United States have access
to the testing capabilities described in such subsection,
including at field hospitals, combat support hospitals, field medical stations, and expeditionary medical facilities.
‘‘(4) The Department of Defense maintains—
‘‘(A) a 30-day supply of personal protective equipment
in a quantity sufficient for each member of the armed
forces, including the reserve components thereof; and
‘‘(B) the capability to rapidly resupply such equipment.
‘‘(c) RESEARCH AND DEVELOPMENT.—(1) The Secretary shall
include with the defense budget materials (as defined by section
231(f) of this title) for a fiscal year a plan to research and develop
vaccines, diagnostics, and therapeutics for infectious diseases.
‘‘(2) The Secretary shall ensure that the medical laboratories
of the Department of Defense are equipped with the technology
needed to facilitate rapid research and development of vaccines,
diagnostics, and therapeutics in the case of a pandemic.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such chapter is amended by inserting after the item relating
to section 1073d the following new item:
‘‘1073e. Protection of armed forces from infectious diseases.’’.
SEC. 713. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL SUPPLIES IN NATIONAL SECURITY
STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.

(a) NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY
INDUSTRIAL BASE.—Section 2501(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
‘‘(11) Providing for the provision of drugs, biological products, vaccines, and critical medical supplies required to enable
combat readiness and protect the health of the armed forces.’’.
(b) ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall include
with the report required to be submitted in 2022 under section
2504 of title 10, United States Code, an appendix containing
an assessment of gaps or vulnerabilities in the national technology and industrial base (as defined by section 2500(1) of
such title) with respect to drugs, biological products, vaccines,
and critical medical supplies described in section 2501(a)(11)
of such title, as amended by subsection (a) of this section.
In carrying out such assessment, the Secretary shall consult
with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the heads of other departments
and agencies of the Federal Government that the Secretary
of Defense determines appropriate.
(2) MATTERS INCLUDED.—The assessment under paragraph
(1) shall include—
(A) an identification and origin of any finished drugs,
as identified by the Secretary of Defense, and the essential
components of such drugs, including raw materials, chemical components, and active pharmaceutical ingredients
that are necessary for the manufacture of such drugs,
whose supply is at risk of disruption during a time of
war or national emergency;
AND

Appendix.

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Consultation.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3693

(B) an identification of shortages of finished drugs,
biological products, vaccines, and critical medical supplies
essential for combat readiness and the protection of the
health of the Armed Forces (including with respect to any
challenges or issues with the joint deployment formulary),
as identified by the Secretary of Defense;
(C) an identification of the defense and geopolitical
contingencies that are sufficiently likely to arise that may
lead to the discontinuance, interruption or meaningful
disruption in the supply of a drug, biological product, vaccine, or critical medical supply, and recommendations
regarding actions the Secretary of Defense should take
to reasonably prepare for the occurrence of such contingencies;
(D) an identification of any barriers that exist to manufacture finished drugs, biological products, vaccines, and
critical medical supplies in the United States, including
with respect to regulatory barriers by the Federal Government and whether the raw materials may be found in
the United States;
(E) an identification of potential partners of the United
States with whom the United States can work with to
realign the manufacturing capabilities of the United States
for such finished drugs, biological products, vaccines, and
critical medical supplies;
(F) an assessment conducted by the Secretary of
Defense of the resilience and capacity of the current supply
chain and industrial base to support national defense upon
the occurrence of the contingencies identified in subparagraph (C), including with respect to—
(i) the manufacturing capacity of the United
States;
(ii) gaps in domestic manufacturing capabilities,
including nonexistent, extinct, threatened, and singlepoint-of-failure capabilities;
(iii) supply chains with single points of failure
and limited resiliency; and
(iv) economic factors, including global competition,
that threaten the viability of domestic manufacturers;
and
(G) recommendations to enhance and strengthen the
surge requirements and readiness contracts of the Department of Defense to ensure the sufficiency of the stockpile
of the Department of, and the ready access by the Department to, critical medical supplies, pharmaceuticals, vaccines, countermeasure prophylaxis, and personal protective
equipment, including with respect to the effectiveness of
the theater lead agent for medical materiel program in
support of the combatant commands.
(3) SUBMISSION.—In addition to including the assessment
under paragraph (1) as an appendix to the report required
to be submitted in 2022 under section 2504 of title 10, United
States Code, the Secretary of Defense shall submit such
appendix separately to the appropriate congressional committees.
(4) FORM.—The assessment under paragraph (1) shall be
submitted in classified form.

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Recommendations.

Recommendations.

Appendix.

Classified
information.

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134 STAT. 3694

PUBLIC LAW 116–283—JAN. 1, 2021
(5) DEFINITIONS.—In this subsection:
(A) The term ‘‘appropriate congressional committees’’
means the following:
(i) The Committee on Appropriations, the Committee on Energy and Commerce, and the Committee
on Homeland Security of the House of Representatives.
(ii) The Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and
the Committee on Homeland Security and Governmental Affairs of the Senate.
(B) The term ‘‘critical medical supplies’’ includes personal protective equipment, diagnostic tests, testing supplies, and lifesaving breathing apparatuses required to
treat severe respiratory illnesses and distress.

SEC. 714. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.

Grants.
Determination.

10 USC 2113
note.

(a) CONTRACT AUTHORITY.—Section 2113(g)(1) of title 10, United
States Code, is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(G) notwithstanding sections 2304, 2361, and 2374
of this title, to enter into contracts and cooperative agreements with, accept grants from, and make grants to, nonprofit entities (on a sole-source basis) for the purpose specified in subparagraph (A) or for any other purpose the
Secretary determines to be consistent with the mission
of the University.’’.
(b) RULE OF CONSTRUCTION.—Nothing in section 2113(g) of
title 10, United States Code, as amended by subsection (a), shall
be construed to limit the ability of the Secretary of Defense, in
carrying out such section, to use competitive procedures to award
contracts, cooperative agreements, or grants.
SEC. 715. MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.

10 USC 2113
note.

10 USC 2113
note.

(a) IN GENERAL.—Section 2113a(b) of title 10, United States
Code, is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new paragraph:
‘‘(3) the Director of the Defense Health Agency, who shall
be an ex officio member;’’.
(b) RULE OF CONSTRUCTION.—The amendments made by this
section may not be construed to invalidate any action taken by
the Uniformed Services University of the Health Sciences or its
Board of Regents prior to the effective date of this section.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2021.

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SEC.

10 USC 2112
note.

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716.

TEMPORARY EXEMPTION FOR UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES FROM CERTAIN
PAPERWORK REDUCTION ACT REQUIREMENTS.

(a) TEMPORARY EXEMPTION FROM CERTAIN PAPERWORK REDUCACT REQUIREMENTS.—

TION

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3695

(1) IN GENERAL.—During the two-year period beginning
on the date that is 30 days after the date of the enactment
of this Act, the requirements described in paragraph (2) shall
not apply with respect to the voluntary collection of information
during the conduct of research and program evaluations—
(A) conducted or sponsored by the Uniformed Services
University of the Health Sciences; and
(B) funded through the Defense Health Program.
DESCRIBED.—The
requirements
(2)
REQUIREMENTS
described in this paragraph are the requirements under the
following provisions of law:
(A) Section 3506(c) of title 44, United States Code.
(B) Sections 3507 and 3508 of such title.
(b) REPORTS.—
(1) INTERIM REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report on the preliminary findings with respect to—
(A) the estimated time saved by the Uniformed Services
University of the Health Sciences (if applicable) by reason
of the exemption under paragraph (1) of subsection (a)
to requirements described in paragraph (2) of such subsection;
(B) the research within the scope of such exemption
that has been initiated, is ongoing, or has been completed
during the period in which the exemption is in effect;
(C) the estimated cost savings by the University that
can be attributed to such exemption; and
(D) the additional burdens upon the research subjects
of the University that are attributable to such exemption.
(2) UPDATED REPORT.—Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report containing—
(A) updated information with respect to the matters
under paragraph (1); and
(B) any recommendations with respect to policy or
legislative actions regarding the exemption under paragraph (1) of subsection (a) to requirements described in
paragraph (2) of such subsection.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Oversight and Reform of the House of Representatives;
and
(2) the Committee on Armed Services and the Committee
on Homeland Security and Governmental Affairs of the Senate.

Time period.

Estimate.

Cost estimate.

Recommendations.

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SEC. 717. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR
REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH.

Section 719 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1454) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘may not realign or reduce military medical
end strength authorizations until’’ and inserting the following:

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134 STAT. 3696

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘may not realign or reduce military medical end strength
authorizations during the 180 days following the date of the
enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, and after such
period, may not realign or reduce such authorizations unless’’;
and
(2) in subsection (b)(1), by inserting before the period at
the end the following: ‘‘, including with respect to both the
homeland defense mission and pandemic influenza’’.

Time period.

SEC. 718. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES.

Section 703(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199) is amended—
(1) in paragraph (2), by striking subparagraph (D) and
inserting the following new subparagraph:
‘‘(D) A description of how the Secretary will carry out
subsection (b), including, with respect to each affected military medical treatment facility, a description of—
‘‘(i) the elements required for health care providers
to accept and transition covered beneficiaries to the
purchased care component of the TRICARE program;
‘‘(ii) a method to monitor and report on quality
benchmarks for the beneficiary population that will
be required to transition to such component of the
TRICARE program; and
‘‘(iii) a process by which the Director of the Defense
Health Agency will ensure that such component of
the TRICARE program has the required capacity.’’;
and
(2) by adding at the end the following new paragraph:
‘‘(4) NOTICE AND WAIT.—The Secretary may not implement
the plan under paragraph (1) unless—
‘‘(A) the Secretary has submitted the plan to the
congressional defense committees;
‘‘(B) the Secretary has certified to the congressional
defense committees that, pursuant to subsection (b), if a
proposed restructure, realignment, or modification will
eliminate the ability of a covered beneficiary to access
health care services at a military medical treatment facility,
the covered beneficiary will be able to access such health
care services through the purchased care component of
the TRICARE program; and
‘‘(C) a 180-day period has elapsed following the later
of—
‘‘(i) the date on which the congressional defense
committees have received both the implementation
plan under subparagraph (A) and the notice of certification under subparagraph (B); or
‘‘(ii) the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021.’’.

Plan.
Certification.

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Time period.

10 USC 1074g
note.

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SEC. 719. POLICY TO ADDRESS PRESCRIPTION OPIOID SAFETY.

(a) REQUIREMENT.—The Secretary of Defense shall develop a
policy and tracking mechanism to monitor and provide oversight

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of opioid prescribing to ensure that the provider practices of medication-prescribing health professionals across the military health
system conform with—
(1) the clinical practice guidelines of the Department of
Defense and the Department of Veterans Affairs; and
(2) the prescribing guidelines published by the Centers
for Disease Control and Prevention and the Food and Drug
Administration.
(b) ELEMENTS.—The requirements under subsection (a) shall
include the following:
(1) Providing oversight and accountability of opioid prescribing practices that are outside of the recommended parameters for dosage, supply, and duration as identified in the
guideline published by the Centers for Disease Control and
Prevention titled ‘‘CDC Guideline for Prescribing Opioids for
Chronic Pain—United States, 2016’’, or such successor guideline, and the guideline published by the Department of Defense
and Department of Veterans Affairs titled ‘‘DoD/VA Management of Opioid Therapy (OT) for Chronic Pain Clinical Practice
Guideline, 2017’’ or such successor guideline.
(2) Implementing oversight and accountability responsibilities for opioid prescribing safety as specified in paragraph
(1).
(3) Implementing systems to ensure that the prescriptions
in the military health system data repository are appropriately
documented and that the processing date and the metric
quantity field for opioid prescriptions in liquid form are consistent within the electronic health record system known as
‘‘MHS GENESIS’’.
(4) Implementing opioid prescribing controls within the
electronic health record system known as ‘‘MHS GENESIS’’
and document if an overdose reversal drug was co-prescribed.
(5) Developing metrics that can be used by the Defense
Health Agency and each military medical treatment facility
to actively monitor and limit the overprescribing of opioids
and to monitor the co-prescribing of overdose reversal drugs
as accessible interventions.
(6) Developing a report that tracks progression toward
reduced levels of opioid use and includes an identification of
prevention best practices established by the Department.
(7) Developing and implementing a plan to improve communication and value-based initiatives between pharmacists and
medication-prescribing health professionals across the military
health system.

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Reports.

Plan.

SEC. 720. ADDITION OF BURN PIT REGISTRATION AND OTHER
INFORMATION TO ELECTRONIC HEALTH RECORDS OF
MEMBERS OF THE ARMED FORCES.

38 USC 527 note.

(a) UPDATES TO ELECTRONIC HEALTH RECORDS.—Beginning not
later than one year after the date of the enactment of this Act,
the Secretary of Defense shall ensure that—
(1) the electronic health record maintained by the Secretary
for a member of the Armed Forces registered with the Airborne
Hazards and Open Burn Pit Registry is updated with any
information contained in such registry with respect to the
member; and

Deadline.

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134 STAT. 3698

PUBLIC LAW 116–283—JAN. 1, 2021

Notification.

(2) any occupational or environmental health exposure
recorded in the Defense Occupational and Environmental
Health Readiness System (or any successor system) is linked
to the electronic health record system of the Department of
Defense to notify health professionals treating a member specified in paragraph (1) of any such exposure recorded for the
member.
(b) AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY
DEFINED.—In this section, the term ‘‘Airborne Hazards and Open
Burn Pit Registry’’ means the registry established by the Secretary
of Veterans Affairs under section 201 of the Dignified Burial and
Other Veterans’ Benefits Improvement Act of 2012 (Public Law
112–260; 38 U.S.C. 527 note).

10 USC 1074f
note.

SEC. 721. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN
PITS IN POSTDEPLOYMENT HEALTH REASSESSMENTS.

(a) IN GENERAL.—The Secretary of Defense shall include in
postdeployment health reassessments conducted under section
1074f of title 10, United States Code, pursuant to a Department
of Defense Form 2796, or successor form, an explicit question
regarding exposure of members of the Armed Forces to open burn
pits.
(b) INCLUSION IN ASSESSMENTS BY MILITARY DEPARTMENTS.—
The Secretary of Defense shall ensure that the Secretary of each
military department includes a question regarding exposure of members of the Armed Forces to open burn pits in any electronic
postdeployment health assessment conducted by that military
department.
(c) OPEN BURN PIT DEFINED.—In this section, the term ‘‘open
burn pit’’ has the meaning given that term in section 201(c) of
the Dignified Burial and Other Veterans’ Benefits Improvement
Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

Subtitle C—Matters Relating to COVID–19

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SEC. 731. COVID–19 MILITARY HEALTH SYSTEM REVIEW PANEL.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a panel to be known as the ‘‘COVID–19 Military Health System
Review Panel’’ (in this section referred to as the ‘‘panel’’).
(b) COMPOSITION.—
(1) MEMBERS.—The panel shall be composed of the following members:
(A) The President of the Uniformed Services University
of the Health Sciences.
(B) The Director of the Defense Health Agency.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) The Joint Staff Surgeon.
(G) The Deputy Assistant Secretary of Defense for
Health Readiness Policy and Oversight.
(H) The Deputy Assistant Secretary of Defense for
Health Resources Management and Policy.
(2) CHAIRPERSON.—The chairperson of the panel shall be
the President of the Uniformed Services University of the
Health Sciences.

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134 STAT. 3699

(3) TERMS.—Each member shall be appointed for the life
of the panel.
(c) DUTIES.—
(1) IN GENERAL.—The panel shall—
(A) review the response of the military health system
to the coronavirus disease 2019 (COVID–19) and the effects
of COVID–19 on such system, including by analyzing any
strengths or weaknesses of such system identified as a
result COVID–19; and
(B) using information from the review, make such recommendations as the panel considers appropriate with
respect to any policy, practice, organization, manning level,
funding level, or legislative authority relating to the military health system.
(2) ELEMENTS OF REVIEW.—In conducting the review under
paragraph (1), each member of the panel shall lead a review
of at least one of the following elements, with respect to the
military health system:
(A) Policy, including any policy relating to force health
protection or medical standards for the appointment, enlistment, or induction of individuals into the Armed Forces.
(B) Public health activities, including any activity
relating to risk communication, surveillance, or contact
tracing.
(C) Research, diagnostics, and therapeutics.
(D) Logistics and technology.
(E) Force structure and manning.
(F) Governance and organization.
(G) Operational capabilities and operational support.
(H) Education and training.
(I) Health benefits under the TRICARE program.
(J) Engagement and security activities relating to
global health.
(K) The financial impact of COVID–19 on the military
health system.
(d) REPORT.—Not later than June 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
report that includes the findings of the panel as a result of the
review under subsection (c)(1)(A) and such recommendations as
the panel considers appropriate under subsection (c)(1)(B).
(e) TERMINATION.—The panel shall terminate on June 1, 2021.

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SEC. 732. DEPARTMENT OF DEFENSE PANDEMIC PREPAREDNESS.

(a) STRATEGY.—The Secretary of Defense shall develop a
strategy for pandemic preparedness and response that includes
the following:
(1) Identification of activities necessary to be carried out
prior to a pandemic to ensure preparedness and effective
communication of roles and responsibilities within the Department of Defense, including—
(A) reviewing the frequency of each exercise conducted
by the Department, a military department, or Defense
Agency that relates to a pandemic or severe influenza
season or related force health protection scenario;
(B) ensuring such exercises are appropriately planned,
resourced, and practiced;

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134 STAT. 3700

(C) including a consideration of the capabilities and
capacities necessary to carry out the strategy under this
section, and related operations for force health protection,
and ensuring that these are included in each cost evaluation, Defense-wide review, or manning assessment of the
Department of Defense that affects such capabilities and
capacities;
(D) reviewing the placement, exploring broader utilization of global health engagement liaisons, and increasing
the scope of global health activities of the Department
of Defense;
(E) assessing a potential career track relating to health
protection research for members of the Armed Forces and
civilian employees of the Department of Defense;
(F) providing to members of the Armed Forces guidance
on force health protection prior to and during a pandemic
or severe influenza season, including guidance on specific
behaviors or actions required, such as self-isolating, social
distancing, and additional protective measures to be carried
out after contracting a novel virus or influenza;
(G) reviewing and updating the inventory of medical
supplies and equipment of the Department of Defense that
is available for operational support to the combatant commands prior to and during a pandemic (such as vaccines,
biologics, drugs, preventive medicine, antiviral medicine,
and equipment relating to trauma support), including a
review of—
(i) the sufficiency of prepositioned stocks; and
(ii) the effectiveness of the Warstopper Program
of the Defense Logistics Agency, or such successor program;
(H) reviewing and updating distribution plans of the
Department of Defense for critical medical supplies and
equipment within the inventory of the Department of
Defense, including vaccines and antiviral medicines; and
(I) reviewing and updating research on infectious diseases and preventive medicine conducted by the military
health system, including research conducted by the Health
Related Communities of Interest of the Department of
Defense, the Joint Program Committees, the overseas medical laboratories of the Department of Defense, the Armed
Forces Health Surveillance Branch, or other elements of
the Department of Defense that conduct research in support
of members of the Armed Forces or beneficiaries under
the TRICARE program.
(2) Review of Department of Defense systems for health
surveillance and detection to ensure continuous situational
awareness and early warning with respect to a pandemic,
including a review of—
(A) the levels of funding and investment, and the
overall value, of the Global Emerging Infections Surveillance and Response System of the Department of Defense,
including the value demonstrated by the role of such system
in—
(i) improving the Department of Defense prevention and surveillance of, and the response to, infectious

Assessment.

Updates.

Updates.
Plans.

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Updates.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3701

diseases that may impact members of the Armed
Forces;
(ii) informing decisions relating to force health
protection across the geographic combatant commands;
(iii) ensuring laboratory readiness to support pandemic response efforts and to understand infectious
disease threats to the Armed Forces; and
(iv) coordinating and collaborating with partners,
such as the geographic combatant commands, other
Federal agencies, and international partners;
(B) the levels of funding and investment, and the
overall value, of the overseas medical laboratories of the
Department of Defense, including the value demonstrated
by the role of such laboratories in conducting research
and forming partnerships with other elements of the
Department of Defense, other Federal agencies, international partners in the country in which such laboratory
is located, and, as applicable, the private sector of the
United States; and
(C) the levels of funding and investment, and the
overall value, of the Direct HIV/AIDS Prevention Program
of the Department of Defense, including the value demonstrated by the role of such program in developing (in
coordination with other Federal agencies) programs for the
prevention, care, and treatment of the human immunodeficiency virus infection and acquired immune deficiency
syndrome.
(3) Identification of activities to limit the spread of an
infectious disease outbreak among members of the Armed
Forces and beneficiaries under the TRICARE program,
including activities to mitigate the health, social, and economic
impacts of a pandemic on such members and beneficiaries,
including by—
(A) reviewing the role of the Department of Defense
in the National Disaster Medical System under section
2812 of the Public Health Service Act (42 U.S.C. 300hh–
11) and implementing plans across the Department that
leverage medical facilities, personnel, and response
capabilities of the Federal Government to support requirements under such Act relating to medical surge capacity;
(B) determining the range of public health capacity,
medical surge capacity, administrative capacity, and veterinary capacity necessary for the Armed Forces to—
(i) support operations during a pandemic; and
(ii) develop mechanisms to reshape force structure
during such pandemic as necessary (contingent upon
primary mission requirements); and
(C) determining the range of activities for operational
medical support and infrastructure sustainment that the
Department of Defense and other Federal agencies have
the capacity to implement during a pandemic (contingent
upon primary mission requirements), and develop plans
for the implementation of such activities.
(b) STUDY ON RESPONSE TO COVID–19.—In addition to the
review under section 731, the Secretary shall conduct a study
on the response of the military health system to the coronavirus
disease 2019 (COVID–19).

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Coordination.

Determination.

Determination.

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134 STAT. 3702

Recommendations.

10 USC 1145
note.

PUBLIC LAW 116–283—JAN. 1, 2021

(c) REPORT.—Not later than June 1, 2021, the Secretary shall
submit to the congressional defense committees a report containing—
(1) the strategy under subsection (a); and
(2) the study under subsection (b), including any findings
or recommendations from the study that relate to an element
of the strategy under subsection (a), such as recommended
changes to policy, funding, practices, manning, organization,
or legislative authority.
SEC. 733. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS
OF THE NATIONAL GUARD SERVING UNDER ORDERS IN
RESPONSE TO THE CORONAVIRUS (COVID–19).

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(a) IN GENERAL.—The Secretary of Defense shall provide to
a member of the National Guard separating from active service
after serving on full-time National Guard duty pursuant to section
502(f) of title 32, United States Code, the health benefits authorized
under section 1145 of title 10, United States Code, for a member
of a reserve component separating from active duty, as referred
to in subsection (a)(2)(B) of such section 1145, if the active service
from which the member of the National Guard is separating was
in support of the whole of government response to the coronavirus
(COVID–19).
(b) DEFINITIONS.—In this section, the terms ‘‘active duty’’,
‘‘active service’’, and ‘‘full-time National Guard duty’’ have the
meanings given those terms in section 101(d) of title 10, United
States Code.

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10 USC 1074
note.

SEC. 734. REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED
WITH COVID–19.

Deadline.

(a) ESTABLISHMENT.—Not later than June 1, 2021, and subject
to subsection (b), the Secretary of Defense shall establish and
maintain a registry of covered TRICARE beneficiaries who have
been diagnosed with COVID–19.
(b) RIGHT OF BENEFICIARY TO OPT OUT.—A covered TRICARE
beneficiary may elect to opt out of inclusion in the registry under
subsection (a).
(c) CONTENTS.—The registry under subsection (a) shall include,
with respect to each covered TRICARE beneficiary included in
the registry, the following:
(1) The demographic information of the beneficiary.
(2) Information on the industrial or occupational history
of the beneficiary, to the extent such information is available
in the records regarding the COVID–19 diagnosis of the beneficiary.
(3) Administrative information regarding the COVID–19
diagnosis of the beneficiary, including the date of the diagnosis
and the location and source of the test used to make the
diagnosis.
(4) Any symptoms of COVID–19 manifested in the beneficiary.
(5) Any treatments for COVID–19 taken by the beneficiary,
or other medications taken by the beneficiary, when the beneficiary was diagnosed with COVID–19.
(6) Any pathological data characterizing the incidence of
COVID–19 and the type of treatment for COVID–19 provided
to the beneficiary.

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PUBLIC LAW 116–283—JAN. 1, 2021

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(7) Information on any respiratory illness of the beneficiary
recorded prior to the COVID–19 diagnosis of the beneficiary.
(8) Any information regarding the beneficiary contained
in the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other
Veterans’ Benefits Improvement Act of 2012 (Public Law 112–
260; 38 U.S.C. 527 note).
(9) Any other information determined appropriate by the
Secretary.
(d) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a report on establishing the registry under subsection (a),
including—
(1) a plan to implement the registry;
(2) the cost of implementing the registry;
(3) the location of the registry; and
(4) any recommended legislative changes with respect to
establishing the registry.
(e) COVERED TRICARE BENEFICIARY DEFINED.—In this section,
the term ‘‘covered TRICARE beneficiary’’ means an individual who
is enrolled in the direct care system under the TRICARE program
and is treated for or diagnosed with COVID–19 at a military medical
treatment facility.
SEC. 735. HEALTH ASSESSMENTS OF VETERANS DIAGNOSED WITH PANDEMIC DISEASES TO DETERMINE EXPOSURE TO OPEN
BURN PITS AND TOXIC AIRBORNE CHEMICALS.

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(a) EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS OR OTHER AIRBORNE CONTAMINANTS AS PART OF HEALTH
ASSESSMENTS FOR VETERANS DURING A PANDEMIC AND INCLUSION
OF INFORMATION IN REGISTRY.—
(1) HEALTH ASSESSMENTS AND PHYSICAL EXAMINATIONS.—

Plan.
Costs.
Recommendations.

38 USC 527 note.

Evaluation.

The Secretary of Veterans Affairs shall ensure that the first
health assessment or physical examination furnished to a veteran under the laws administered by the Secretary after the
veteran tests positive for a pathogen, such as a virus, with
respect to which a public health emergency has been declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d) includes an evaluation of whether the veteran has been—
(A) based or stationed at a location where an open
burn pit was used; or
(B) exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces,
including an evaluation of any information recorded as
part of the Airborne Hazards and Open Burn Pit Registry.
(2) INCLUSION OF INDIVIDUALS IN REGISTRY.—If an evaluation conducted under paragraph (1) with respect to a veteran
establishes that the veteran was based or stationed at a location
where an open burn pit was used, or that the individual was
exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards
and Open Burn Pit Registry unless the veteran elects to not
enroll in such registry.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to preclude eligibility of a veteran for benefits
under the laws administered by the Secretary of Veterans

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134 STAT. 3704

PUBLIC LAW 116–283—JAN. 1, 2021

Affairs by reason of the history of exposure of the veteran
to an open burn pit not being recorded in an evaluation conducted under paragraph (1).
(b) STUDY ON IMPACT OF VIRAL PANDEMICS ON MEMBERS OF
ARMED FORCES AND VETERANS WHO HAVE EXPERIENCED TOXIC
EXPOSURE.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
conduct a study, through the Airborne Hazards and Burn Pits
Center of Excellence (in this subsection referred to as the
‘‘Center’’), on the health impacts of infection with a pathogen,
such as a virus, with respect to which a public health emergency
has been declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d), including a coronavirus, to members of the Armed Forces and veterans who have been exposed
to open burn pits and other toxic exposures for the purposes
of understanding the health impacts of the pathogen and
whether individuals infected with the pathogen are at increased
risk of severe symptoms due to previous conditions linked to
toxic exposure.
(2) PREPARATION FOR FUTURE PANDEMIC.—The Secretary,
through the Center, shall analyze potential lessons learned
through the study conducted under paragraph (1) to assist
in preparing the Department of Veterans Affairs for potential
future pandemics.
(c) DEFINITIONS.—In this subsection:
(1) The term ‘‘Airborne Hazards and Open Burn Pit Registry’’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and
Other Veterans’ Benefits Improvement Act of 2012 (Public Law
112–260; 38 U.S.C. 527 note).
(2) The term ‘‘coronavirus’’ has the meaning given that
term in section 506 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 (Public Law
116–123).
(3) The term ‘‘open burn pit’’ has the meaning given that
term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–
260; 126 Stat. 2422; 38 U.S.C. 527 note).
SEC. 736. COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL
HEALTH SERVICES TO MEMBERS OF THE ARMED FORCES
DURING THE COVID–19 PANDEMIC.

Review.

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Review.
Assessment.

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(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study on the delivery of Federal, State, and private
mental health services to members of the Armed Forces during
the COVID–19 pandemic.
(b) ELEMENTS.—The study conducted under subsection (a)
shall—
(1) review any strategies used to combat existing stigma
surrounding mental health conditions that might deter members of the Armed Forces from seeking care;
(2) review guidance to commanding officers at all levels
on the mental health ramifications of the COVID–19 crisis;
(3) assess the need for additional training and support
for mental health care professionals of the Department of

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3705

Defense with respect to supporting individuals who are concerned for the health of themselves and their family members,
or grieving the loss of loved ones, because of COVID–19;
(4) assess the strategy of the Department of Defense to
leverage telemedicine to ensure safe access to mental health
services;
(5) identify all programs associated with services described
in such subsection;
(6) specify gaps or barriers to mental health care access
that could result in delayed or insufficient mental health care
support to members of the Armed Forces; and
(7) evaluate the mental health screening requirements for
members of the Armed Forces immediately before, during, and
after—
(A) Federal deployment under title 10, United States
Code; or
(B) State deployment under title 32, United States
Code.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the study conducted under subsection
(a).

Assessment.

Evaluation.

Subtitle D—Reports and Other Matters

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SEC. 741. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS TO ENHANCE INTEROPERABILITY
AND MEDICAL SURGE CAPABILITY AND CAPACITY OF
NATIONAL DISASTER MEDICAL SYSTEM.

Section 740 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1465) is amended—
(1) in subsection (a)—
(A) by striking ‘‘The Secretary of Defense may’’ and
inserting ‘‘Beginning not later than September 30, 2021,
the Secretary of Defense shall’’;
(B) by striking ‘‘health care organizations, institutions,
and entities’’ and inserting ‘‘health care organizations,
health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals’’; and
(C) by striking ‘‘in the vicinity of major aeromedical
and other transport hubs and logistics centers of the
Department of Defense’’;
(2) in subsection (b), by striking ‘‘may’’ and inserting ‘‘shall’’;
(3) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;
(4) by striking subsection (c) and inserting the following
new subsections:
‘‘(c) LEAD OFFICIAL FOR DESIGN AND IMPLEMENTATION OF PILOT
PROGRAM.—
‘‘(1) IN GENERAL.—The Assistant Secretary of Defense for
Health Affairs shall be the lead official for the design and
implementation of the pilot program under subsection (a).
‘‘(2) RESOURCES.—The Assistant Secretary of Defense for
Health Affairs shall leverage the resources of the Defense

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10 USC 1096
note.

Coordination.

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Deadlines.
Consultations.

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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;

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‘‘(viii) medical and public health management of
biological, chemical, radiological, or nuclear hazards;
or
‘‘(ix) such other areas of expertise as the Secretary
considers appropriate.
‘‘(4) PRIORITY FOR LOCATIONS.—In selecting locations for
the pilot program under subsection (a), the Secretary shall
give priority to locations that would facilitate public-private
partnerships with academic medical centers of institutions of
higher education, hospitals, and other entities with facilities
that have an established history of providing clinical care,
treatment, training, and research in the areas described in
paragraph (3)(D) or other specializations determined important
by the Secretary for purposes of the pilot program.’’;
(5) by striking subsection (g), as redesignated by paragraph
(2), and inserting the following:
‘‘(g) REPORTS.—
‘‘(1) INITIAL REPORT.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
commencement of the pilot program under subsection (a),
the Secretary shall submit to the appropriate congressional
committees a report on the pilot program.
‘‘(B) ELEMENTS.—The report under subparagraph (A)
shall include the following:
‘‘(i) A description of the pilot program.
‘‘(ii) The requirements established under subsection (e).
‘‘(iii) The evaluation metrics established under subsection (f).
‘‘(iv) Such other matters relating to the pilot program as the Secretary considers appropriate.
‘‘(2) FINAL REPORT.—Not later than 180 days after the
completion of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees
a report on the pilot program.’’; and
(6) by adding at the end the following new subsection:
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate congressional committees’
means—
‘‘(A) The Committee on Armed Services, the Committee
on Transportation and Infrastructure, the Committee on
Veterans’ Affairs, the Committee on Homeland Security,
and the Committee on Energy and Commerce of the House
of Representatives.
‘‘(B) The Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, the Committee
on Veterans’ Affairs, the Committee on Homeland Security
and Governmental Affairs, and the Committee on Health,
Education, Labor, and Pensions of the Senate.
‘‘(2) The term ‘institution of higher education’ means a
four-year institution of higher education, as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 742. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED
FORCES AND SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

Section 741(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1467) is
amended—
(1) in subparagraph (B), by adding at the end the following
new clause:
‘‘(iii) The one-year period following the date on
which the member returns from such a deployment.’’;
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
‘‘(D) The number of suicides involving a member who
was prescribed a medication to treat a mental health or
behavioral health diagnosis during the one-year period preceding the death.’’; and
(4) by adding at the end the following new subparagraph:
‘‘(J) A description of the programs carried out by the
military departments to address and reduce the stigma
associated with seeking assistance for mental health or
suicidal thoughts.’’.
SEC. 743. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.

Section 1704(e) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most
recently amended by section 732(4)(B) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1460), is further amended by striking ‘‘September 30, 2021’’
and inserting ‘‘September 30, 2022’’.
10 USC 1071
note.

Procedures.

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Analysis.

Reports.

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SEC. 744. MILITARY HEALTH SYSTEM CLINICAL QUALITY MANAGEMENT PROGRAM.

(a) IN GENERAL.—The Secretary of Defense, acting through
the Director of the Defense Health Agency, shall implement a
comprehensive program to be known as the ‘‘Military Health System
Clinical Quality Management Program’’ (in this section referred
to as the ‘‘Program’’).
(b) ELEMENTS OF PROGRAM.—The Program shall include, at
a minimum, the following:
(1) The implementation of systematic procedures to eliminate, to the extent feasible, risk of harm to patients at military
medical treatment facilities, including through identification,
investigation, and analysis of events indicating a risk of patient
harm and corrective action plans to mitigate such risks.
(2) With respect to a potential sentinel event (including
those involving members of the Armed Forces) at a military
medical treatment facility—
(A) an analysis of such event, which shall occur and
be documented as soon as possible after the event;
(B) use of such analysis for clinical quality management; and
(C) reporting of such event to the National Practitioner
Data Bank in accordance with guidelines of the Secretary

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134 STAT. 3709

of Health and Human Services under the Health Care
Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.),
giving special emphasis to the results of external peer
reviews of the event.
(3) Validation of provider credentials and granting of clinical privileges by the Director of the Defense Health Agency
for all health care providers at a military medical treatment
facility.
(4) Accreditation of military medical treatment facilities
by a recognized external accreditation body.
(5) Systematic measurement of indicators of health care
quality, emphasizing clinical outcome measures, comparison
of such indicators with benchmarks from leading health care
quality improvement organizations, and transparency with the
public of appropriate clinical measurements for military medical
treatment facilities.
(6) Systematic activities emphasized by leadership at all
organizational levels to use all elements of the Program to
eliminate unwanted variance throughout the health care system
of the Department of Defense and make constant improvements
in clinical quality.
(7) A full range of procedures for productive communication
between patients and health care providers regarding actual
or perceived adverse clinical events at military medical treatment facilities, including procedures—
(A) for full disclosure of such events (respecting the
confidentiality of peer review information under a medical
quality assurance program under section 1102 of title 10,
United States Code);
(B) providing an opportunity for the patient to be heard
in relation to quality reviews; and
(C) to resolve patient concerns by independent, neutral
health care resolution specialists.
(c) ADDITIONAL CLINICAL QUALITY MANAGEMENT ACTIVITIES.—
(1) IN GENERAL.—In addition to the elements of the Program set forth in subsection (b), the Secretary shall establish
and maintain clinical quality management activities in relation
to functions of the health care system of the Department separate from delivery of health care services in military medical
treatment facilities.
(2) HEALTH CARE DELIVERY OUTSIDE MILITARY MEDICAL
TREATMENT FACILITIES.—In carrying out paragraph (1), the Secretary shall maintain policies and procedures to promote clinical
quality in health care delivery on ships and planes, in deployed
settings, and in all other circumstances not covered by subsection (b), with the objective of implementing standards and
procedures comparable, to the extent practicable, to those under
such subsection.
(3) PURCHASED CARE SYSTEM.—In carrying out paragraph
(1), the Secretary shall maintain policies and procedures for
health care services provided outside the Department but paid
for by the Department, reflecting best practices by public and
private health care reimbursement and management systems.

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134 STAT. 3710
10 USC 1071
note.

SEC. 745. WOUNDED WARRIOR SERVICE DOG PROGRAM.

10 USC 1073
note.

SEC. 746. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT.

Deadline.
Evaluation.

(a) DEMONSTRATION PROJECT REQUIRED.—Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall commence carrying out a demonstration project
designed to evaluate the cost, quality of care, and impact on
maternal and fetal outcomes of using extramedical maternal health
providers under the TRICARE program to determine the appropriateness of making coverage of such providers under the
TRICARE program permanent.
(b) ELEMENTS OF DEMONSTRATION PROJECT.—The demonstration project under subsection (a) shall include, for participants
in the demonstration project, the following:
(1) Access to doulas.
(2) Access to lactation consultants or lactation counselors
who are not otherwise authorized to provide services under
the TRICARE program.
(c) PARTICIPANTS.—The Secretary shall establish a process
under which covered beneficiaries may enroll in the demonstration
project to receive the services provided under the demonstration
project.
(d) DURATION.—The Secretary shall carry out the demonstration project for a period of five years beginning on the date on
which notification of the commencement of the demonstration
project is published in the Federal Register.
(e) SURVEYS.—

(a) PROGRAM.—The Secretary of Defense shall establish a program, to be known as the ‘‘Wounded Warrior Service Dog Program’’,
to provide assistance dogs to covered members and covered veterans.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘assistance dog’’ means a dog specifically
trained to perform physical tasks to mitigate the effects of
a covered disability, except that the term does not include
a dog specifically trained for comfort or personal defense.
(2) The term ‘‘covered disability’’ means any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other significant
mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of Defense
considers appropriate.
(3) The term ‘‘covered member’’ means a member of the
Armed Forces who is—
(A) receiving medical treatment, recuperation, or
therapy under chapter 55 of title 10, United States Code;
(B) in medical hold or medical holdover status; or
(C) covered under section 1202 or 1205 of title 10,
United States Code.
(4) The term ‘‘covered veteran’’ means a veteran who is
enrolled in the health care system established under section
1705(a) of title 38, United States Code.

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Notification.
Federal Register,
publication.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3711

(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and annually thereafter for the
duration of the demonstration project, the Secretary shall
administer a survey to determine—
(A) how many members of the Armed Forces or spouses
of such members give birth while their spouse or birthing
partner is unable to be present due to deployment, training,
or other mission requirements;
(B) how many single members of the Armed Forces
give birth alone; and
(C) how many members of the Armed Forces or spouses
of such members use doula, lactation consultant, or lactation counselor support.
(2) MATTERS COVERED BY SURVEYS.—The surveys administered under paragraph (1) shall include an identification of
the following:
(A) The race, ethnicity, age, sex, relationship status,
Armed Force, military occupation, and rank, as applicable,
of each individual surveyed.
(B) If individuals surveyed were members of the Armed
Forces or the spouses of such members, or both.
(C) The length of advanced notice received by individuals surveyed that the member of the Armed Forces would
be unable to be present during the birth, if applicable.
(D) Any resources or support that the individuals surveyed found useful during the pregnancy and birth process,
including doula, lactation consultant, or lactation counselor
support.
(f) REPORTS.—
(1) IMPLEMENTATION PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a plan to implement the
demonstration project.
(2) ANNUAL REPORT.—
(A) IN GENERAL.—Not later than one year after the
date on which the demonstration project commences, and
annually thereafter for the duration of the demonstration
project, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a report on the cost of the demonstration project
and the effectiveness of the demonstration project in
improving quality of care and the maternal and fetal outcomes of covered beneficiaries enrolled in the demonstration project.
(B) MATTERS COVERED.—Each report submitted under
subparagraph (A) shall address, at a minimum, the following:
(i) The number of covered beneficiaries who are
enrolled in the demonstration project.
(ii) The number of enrolled covered beneficiaries
who have participated in the demonstration project.
(iii) The results of the surveys under subsection
(e).
(iv) The cost of the demonstration project.
(v) An assessment of the quality of care provided
to participants in the demonstration project.

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Deadline.
Determinations.

Deadline.

Costs.

Costs.
Assessment.

PUBL283

134 STAT. 3712

PUBLIC LAW 116–283—JAN. 1, 2021
(vi) An assessment of the impact of the demonstration project on maternal and fetal outcomes.
(vii) An assessment of the effectiveness of the demonstration project.
(viii) Recommendations for adjustments to the
demonstration project.
(ix) The estimated costs avoided as a result of
improved maternal and fetal health outcomes due to
the demonstration project.
(x) Recommendations for extending the demonstration project or implementing permanent coverage
under the TRICARE program of extramedical maternal
health providers.
(xi) An identification of legislative or administrative action necessary to make the demonstration
project permanent.
(C) FINAL REPORT.—The final report under subparagraph (A) shall be submitted not later than 90 days after
the date on which the demonstration project terminates.
(g) EXPANSION OF DEMONSTRATION PROJECT.—
(1) REGULATIONS.—If the Secretary determines that the
demonstration project is successful, the Secretary may prescribe
regulations to include extramedical maternal health providers
as health care providers authorized to provide care under the
TRICARE program.
(2) CREDENTIALING AND OTHER REQUIREMENTS.—The Secretary may establish credentialing and other requirements for
doulas, lactation consultants, and lactation counselors through
public notice and comment rulemaking for purposes of including
doulas, lactation consultants, and lactation counselors as health
care providers authorized to provide care under the TRICARE
program pursuant to regulations prescribed under paragraph
(1).
(h) DEFINITIONS.—In this section:
(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given those terms in section 1072
of title 10, United States Code.
(2) The term ‘‘extramedical maternal health provider’’
means a doula, lactation consultant, or lactation counselor.

Assessment.
Assessment.
Recommendations.
Cost estimate.

Recommendations.

Determination.

Notice.
Public comment.

SEC. 747. BRIEFING ON DIET AND NUTRITION OF MEMBERS OF THE
ARMED FORCES.

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Deadline.

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Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing on the diet and nutrition of members of the Armed
Forces. The briefing shall describe the following:
(1) The relationship between the diet and nutrition of members and the health, performance, and combat effectiveness
of members.
(2) The relationship between diets high in omega 3 fatty
acids, or other diets that may lower inflammation and obesity,
and improved mental health.
(3) The extent to which the food and beverages offered
at the dining halls of the Armed Forces as of the date of
the briefing are designed to optimize the health, performance,

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3713

and combat effectiveness of members according to science-based
approaches.
(4) The plan of the Secretary to improve the health,
performance, and combat effectiveness of members by modifying
the food and beverages offered at such dining halls, including
in ways that minimize the change for members.
(5) Expected costs and timeline to implement such plan,
including any projected costs or savings from reduced medical
costs if the plan is implemented.

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SEC.

748.

AUDIT OF MEDICAL CONDITIONS
PRIVATIZED MILITARY HOUSING.

OF

RESIDENTS

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Costs.
Timeline.

IN

(a) AUDIT.—Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of
Defense shall commence the conduct of an audit of—
(1) the medical conditions of eligible individuals and the
association between adverse exposures of such individuals in
unsafe or unhealthy housing units and the health of such
individuals; and
(2) the process under section 3053 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1943), including whether such process will adequately
address resolution of environmental health hazards identified
as a result of the inspections and assessments conducted pursuant to sections 3051(b) and 3052(b) of such Act (Public Law
116–92; 133 Stat. 1941 and 1942).
(b) CONTENT OF AUDIT.—In conducting the audit under subsection (a), the Inspector General shall—
(1) determine the percentage of units of privatized military
housing that are considered by the Inspector General to be
unsafe or unhealthy housing units and visit at least one military installation of the Department of Defense from each of
the Army, Navy, Air Force, and Marine Corps to verify