Ndaa2021

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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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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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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PUBLIC LAW 116–283—JAN. 1, 2021

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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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.

PUBL283

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.

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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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PUBLIC LAW 116–283—JAN. 1, 2021

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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Deadline.
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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Classified
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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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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Determinations.

Deadline.

Costs.

Costs.
Assessment.

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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 that
such units are unsafe or unhealthy housing units;
(2) study the adverse exposures of eligible individuals that
relate to residing in an unsafe or unhealthy housing unit and
the effect of such exposures on the health of such individuals;
(3) determine, to the extent permitted by available scientific
data, the association between such adverse exposures and the
occurrence of a medical condition in eligible individuals residing
in unsafe or unhealthy housing units and provide quantifiable
data on such association;
(4) review the process to identify, record, and resolve
environmental health hazards developed by the Secretary of
Defense under section 3053 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
1943);
(5) review the inspections and assessments conducted
pursuant to sections 3051(b) and 3052(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1941 and 1942);
(6) study the relationship between the process specified
in paragraph (4) and any environmental health hazards identified as a result of the inspections and assessments specified
in paragraph (5) to determine whether such process will adequately address resolution of such hazards and complaints that

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Deadline.

Determination.

Study.

Determination.

Review.

Review.

Study.
Determination.

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134 STAT. 3714

Recommendations.

Records.

Recommendations.

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Web posting.

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PUBLIC LAW 116–283—JAN. 1, 2021

relate to such hazards made by eligible individuals residing
in privatized military housing; and
(7) make such recommendations as the Inspector General
may have to improve the process specified in paragraph (4).
(c) CONDUCT OF AUDIT.—The Inspector General shall conduct
the audit under subsection (a) using the same privacy preserving
guidelines used by the Inspector General in conducting other audits
of health records.
(d) SOURCE OF DATA.—In conducting the audit under subsection
(a), the Inspector General shall use—
(1) de-identified data from electronic health records of the
Department;
(2) records of claims under the TRICARE program; and
(3) such other data as determined necessary by the
Inspector General.
(e) SUBMISSION AND PUBLIC AVAILABILITY OF REPORT.—Not
later than one year after the commencement of the audit under
subsection (a), the Inspector General shall—
(1) submit to the Secretary of Defense and the Committees
on Armed Services of the Senate and the House of Representatives a report on the results of the audit conducted under
subsection (a), including any recommendations made under subsection (b)(7); and
(2) publish such report on a publicly available internet
website of the Department of Defense.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘eligible individual’’ means a member of the
Armed Forces or a family member of a member of the Armed
Forces who has resided in an unsafe or unhealthy housing
unit.
(2) The term ‘‘privatized military housing’’ means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
(3) The term ‘‘TRICARE program’’ has the meaning given
such term section 1072 of title 10, United States Code.
(4) The term ‘‘unsafe or unhealthy housing unit’’ means
a unit of privatized military housing in which is present, at
levels exceeding national standards or guidelines, at least one
of the following hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including ease of access by
unlawful intruders or lighting issues.
(C) Poor ventilation.
(D) Safety hazards.
(E) Other similar hazards as determined by the
Inspector General.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3715

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SEC. 749. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY
MEDICAL TREATMENT AT MILITARY MEDICAL TREATMENT
FACILITIES.

(a) ASSESSMENT.—Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United
States shall complete an assessment of the provision by the Secretary of Defense of emergency medical treatment to civilians who
are not covered beneficiaries at military medical treatment facilities
during the period beginning on October 1, 2015, and ending on
September 30, 2020.
(b) ELEMENTS OF ASSESSMENT.—The assessment under subsection (a) shall include, with respect to civilians who received
emergency medical treatment at a military medical treatment
facility during the period specified in such paragraph, the following:
(1) The total fees charged to such civilians for such treatment and the total fees collected.
(2) The amount of medical debt from such treatment that
was garnished from such civilians, categorized by garnishment
from Social Security benefits, tax refunds, wages, or other
financial assets.
(3) The number of such civilians from whom medical debt
from such treatment was garnished.
(4) The total fees for such treatment that were waived
for such civilians.
(5) With respect to medical debt incurred by such civilians
from such treatment—
(A) the amount of such debt that was collected by
the Secretary of Defense;
(B) the amount of such debt still owed to the Department of Defense; and
(C) the amount of such debt transferred from the
Department of Defense to the Department of the Treasury
for collection.
(6) The number of such civilians from whom such medical
debt was collected who did not possess medical insurance at
the time of such treatment.
(7) The number of such civilians from whom such medical
debt was collected who collected Social Security benefits at
the time of such treatment.
(8) The number of such civilians from whom such medical
debt was collected who, at the time of such treatment, earned—
(A) less than the poverty line;
(B) less than 200 percent of the poverty line;
(C) less than 300 percent of the poverty line; and
(D) less than 400 percent of the poverty line.
(9) An assessment of the process through which military
medical treatment facilities seek to recover unpaid medical
debt from such civilians, including whether the Secretary of
Defense contracts with private debt collectors to recover such
unpaid medical debt.
(10) An assessment of the process, if any, through which
such civilians can apply to have medical debt for such treatment
waived, forgiven, canceled, or otherwise determined to not be
a financial obligation of the civilian.
(11) Such other information as the Comptroller General
determines appropriate.

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Time period.

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134 STAT. 3716

PUBLIC LAW 116–283—JAN. 1, 2021

(c) REPORTS.—The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives—
(1) not later than December 1, 2021, a report containing
preliminary observations with respect to the assessment under
subsection (a); and
(2) at such time and in such format as is mutually agreed
upon by the committees and the Comptroller General, a report
containing the final results of such assessment.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘civilian’’ means an individual who is not—
(A) a member of the Armed Forces;
(B) a contractor of the Department of Defense; or
(C) a civilian employee of the Department.
(2) The term ‘‘covered beneficiary’’ has the meaning given
that term in section 1072(5) of title 10, United States Code.
(3) The term ‘‘poverty line’’ has the meaning given that
term in section 673 of the Community Services Block Grant
Act (42 U.S.C. 9902).
SEC. 750. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY AMONG MILITARY AVIATORS AND AVIATION SUPPORT PERSONNEL.

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(a) STUDY.—
(1) IN GENERAL.—The Secretary of Defense, in conjunction
with the Directors of the National Institutes of Health and
the National Cancer Institute, shall conduct a study on cancer
among covered individuals in two phases as provided in this
subsection.
(2) PHASE 1.—
(A) IN GENERAL.—Under the initial phase of the study
conducted under paragraph (1), the Secretary of Defense
shall determine if there is a higher incidence of cancers
occurring for covered individuals as compared to similar
age groups in the general population through the use of
the database of the Surveillance, Epidemiology, and End
Results program of the National Cancer Institute.
(B) REPORT.—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 report on
the findings of the initial phase of the study under subparagraph (A).
(3) PHASE 2.—
(A) IN GENERAL.—If, pursuant to the initial phase of
the study under paragraph (2), the Secretary concludes
that there is an increased rate of cancers among covered
individuals, the Secretary shall conduct a second phase
of the study under which the Secretary shall do the following:
(i) Identify the carcinogenic toxins or hazardous
materials associated with military flight operations
from shipboard or land bases or facilities, such as
fuels, fumes, and other liquids.
(ii) Identify the operating environments, including
frequencies or electromagnetic fields, where exposure
to ionizing radiation (associated with high altitude

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134 STAT. 3717

flight) and nonionizing radiation (associated with airborne, ground, and shipboard radars) occurred in which
covered individuals could have received increased radiation amounts.
(iii) Identify, for each covered individual, duty stations, dates of service, aircraft flown, and additional
duties (including Landing Safety Officer, Catapult and
Arresting Gear Officer, Air Liaison Officer, Tactical
Air Control Party, or personnel associated with aircraft
maintenance, supply, logistics, fuels, or transportation)
that could have increased the risk of cancer for such
covered individual.
(iv) Determine locations where a covered individual
served or additional duties of a covered individual that
are associated with higher incidences of cancers.
(v) Identify potential exposures due to service in
the Armed Forces that are not related to aviation,
such as exposure to burn pits or toxins in contaminated
water, embedded in the soil, or inside bases or housing.
(vi) Determine the appropriate age to begin
screening covered individuals for cancer based on race,
gender, flying hours, period of service as aviation support personnel, Armed Force, type of aircraft, and mission.
(B) DATA.—The Secretary shall format all data
included in the study conducted under this paragraph in
accordance with the Surveillance, Epidemiology, and End
Results program of the National Cancer Institute, including
by disaggregating such data by race, gender, and age.
(C) REPORT.—Not later than one year after the submittal of the report under paragraph (2)(B), if the Secretary
conducts the second phase of the study under this paragraph, the Secretary shall submit to the appropriate
committees of Congress a report on the findings of the
study conducted under this paragraph.
(4) USE OF DATA FROM PREVIOUS STUDIES.—In conducting
the study under this subsection, the Secretary of Defense shall
incorporate data from previous studies conducted by the Air
Force, the Navy, or the Marine Corps that are relevant to
the study under this subsection, including data from the comprehensive study conducted by the Air Force identifying each
covered individual and documenting the cancers, dates of
diagnoses, and mortality of each covered individual.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.
(2) The term ‘‘Armed Forces’’—
(A) has the meaning given the term ‘‘armed forces’’
in section 101 of title 10, United States Code; and
(B) includes the reserve components named in section
10101 of such title.
(3) The term ‘‘covered individual’’—
(A) means an aviator or aviation support personnel
who—

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134 STAT. 3718

PUBLIC LAW 116–283—JAN. 1, 2021
(i) served in the Armed Forces on or after February
28, 1961; and
(ii) receives benefits under chapter 55 of title 10,
United States Code; and
(B) includes any air crew member of fixed-wing aircraft
and personnel supporting generation of the aircraft,
including pilots, navigators, weapons systems operators,
aircraft system operators, personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation, and any other crew member who regularly flies
in an aircraft or is required to complete the mission of
the aircraft.

SEC. 751. STUDY ON EXPOSURE TO TOXIC SUBSTANCES AT KARSHIKHANABAD AIR BASE, UZBEKISTAN.
Time period.

Assessments.

(a) STUDY.—
(1) IN GENERAL.—The Secretary of Defense shall conduct
a study on exposure to toxic substances by members of the
Armed Forces deployed to Karshi-Khanabad Air Base, Uzbekistan, at any time during the period beginning on October
1, 2001, and ending on December 31, 2005.
(2) MATTERS INCLUDED.—The study under paragraph (1)
shall include the following:
(A) An assessment regarding the conditions of KarshiKhanabad Air Base, Uzbekistan, during the period beginning on October 1, 2001, and ending on December 31,
2005, including an identification of any toxic substances
contaminating the Air Base during such period.
(B) An epidemiological study of the health consequences of members of the Armed Forces deployed to
the Air Base at any time during such period.
(C) An assessment of any association between exposure
to toxic substances identified under subparagraph (A) and
the health consequences studied under subparagraph (B).
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the results of the study under subsection
(a).
SEC. 752. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG
MEMBERS OF THE ARMED FORCES STATIONED AT REMOTE
INSTALLATIONS OUTSIDE THE CONTIGUOUS UNITED
STATES.

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(a) REVIEW REQUIRED.—The Comptroller General of the United
States shall conduct a review of efforts by the Department of
Defense to prevent suicide among covered members.
(b) ELEMENTS OF REVIEW.—The review conducted under subsection (a) shall include an assessment of each of the following:
(1) Current policy guidelines of the Armed Forces on the
prevention of suicide among covered members.
(2) Current suicide prevention programs and activities of
the Armed Forces provided to covered members and their
dependents, including programs provided by the Defense Health
Program and the Defense Suicide Prevention Office.

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134 STAT. 3719

(3) The integration of mental health screenings and efforts
relating to suicide risk and suicide prevention for covered members and their dependents into the delivery of primary care
for such members and dependents.
(4) The standards for responding to attempted or completed
suicides among covered members and their dependents,
including guidance and training to assist commanders in
addressing incidents of attempted or completed suicide that
occur within their units.
(5) The standards regarding data collection for covered
members and their dependents, including the collection of data
on factors that relate to suicide, such as domestic violence
and child abuse.
(6) The means used to ensure the protection of privacy
of covered members and their dependents who seek or receive
treatment relating to suicide prevention.
(7) The availability of information from indigenous populations on suicide prevention for covered members who are
members of such a population.
(8) The availability of information from graduate research
programs of institutions of higher education on suicide prevention for members of the Armed Forces.
(9) Such other matters as the Comptroller General considers appropriate in connection with the prevention of suicide
among covered members and their dependents.
(c) BRIEFING AND REPORT.—The Comptroller General shall—
(1) not later than October 1, 2021, brief the Committees
on Armed Services of the House of Representatives and the
Senate on preliminary observations relating to the review under
subsection (a); and
(2) not later than March 1, 2022, submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report containing the results of such review.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered installation’’ means a remote installation of the Department of Defense located outside the contiguous United States.
(2) The term ‘‘covered member’’ means a member of the
Armed Forces who is stationed at a covered installation.

Deadline.

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SEC. 753. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT
CERTAIN MILITARY INSTALLATIONS.

(a) STUDY.—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 House of Representatives
and the Senate a report containing a feasibility study on the use
and maintenance of medical evacuation helicopters and ground
ambulances at covered military installations.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) The requirements analysis that determines whether
a medical evacuation helicopter and ground ambulance or
similar vehicles are required at covered military installations.
(2) The frequency with which such helicopters and ambulances are inspected for maintenance and restocked with the
required supplies and equipment.

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Analysis.

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(3) The frequency with which training exercises occur
involving the use of such helicopters and ambulances.
(4) The planning factors associated with ensuring that the
capabilities provided by such helicopters and ambulances are
readily available and the contingency plans that may involve
the use of helicopters or ambulances provided by allies of the
United States or host countries.
(c) COVERED MILITARY INSTALLATION DEFINED.—In this section,
the term ‘‘covered military installation’’ means each military
installation outside the United States at which the Secretary anticipates the United States will have an enduring presence.
SEC.

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COMPTROLLER GENERAL STUDY ON PRENATAL AND
POSTPARTUM MENTAL HEALTH CONDITIONS AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.

(a) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study on prenatal and postpartum mental
health conditions among members of the Armed Forces and
the dependents of such members.
(2) ELEMENTS.—The study under paragraph (1) shall
include the following:
(A) An assessment of—
(i) the extent to which beneficiaries under the
TRICARE program, including members of the Armed
Forces and the dependents of such members, are
diagnosed with—
(I) prenatal or postpartum depression;
(II) prenatal or postpartum anxiety disorder;
(III) prenatal or postpartum obsessive compulsive disorder;
(IV) prenatal or postpartum psychosis; and
(V) other relevant mood disorders; and
(ii) the extent to which data is collected on the
prenatal or postpartum mental health conditions specified under clause (i).
(B) A demographic assessment of the population
included in the study with respect to race, ethnicity, sex,
age, relationship status, military service, military occupation, and rank, where applicable.
(C) An assessment of the status of prenatal and
postpartum mental health care for beneficiaries under the
TRICARE program, including those who seek care at military medical treatment facilities and those who rely on
civilian providers.
(D) An assessment of the ease or delay for beneficiaries
under the TRICARE program in obtaining treatment for
prenatal and postpartum mental health conditions,
including—
(i) an assessment of wait times for mental health
treatment at each military medical treatment facility;
and
(ii) a description of the reasons such beneficiaries
may cease seeking such treatment.
(E) A comparison of the rates of prenatal or postpartum
mental health conditions within the military community

Assessments.

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to such rates in the civilian population, as reported by
the Centers for Disease Control and Prevention.
(F) An assessment of any effects of implicit or explicit
bias in prenatal and postpartum mental health care under
the TRICARE program, or evidence of racial or socioeconomic barriers to such care.
(G) The extent to which treatment for mental health
issues specified under subparagraph (A)(i) is available and
accessible to members of the Armed Forces serving on
active duty and the spouses of such members.
(H) The barriers that prevent members of the Armed
Forces serving on active duty, and the spouses of such
members, from seeking or obtaining care for such mental
health issues.
(I) The ways in which the Department of Defense is
addressing barriers identified under subparagraph (H).
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the findings of the study conducted
under subsection (a), including—
(1) recommendations for actions to be taken by the Secretary of Defense to improve prenatal and postpartum mental
health among members of the Armed Forces and dependents
of such members; and
(2) such other recommendations as the Comptroller General
determines appropriate.
(c) DEFINITIONS.—In this section, the terms ‘‘dependent’’ and
‘‘TRICARE program’’ have the meanings given those terms in section 1072 of title 10, United States Code.

Recommendations.

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SEC. 755. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS
OF THE NATIONAL GUARD AND RESERVE COMPONENTS.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, each Secretary of a military department,
in consultation with the Director of the Defense Health Agency,
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing an analysis
of each of the following with respect to the military department
of the Secretary:
(1) Any lapses in coverage under the TRICARE program
for a member of a reserve component that occurred during
the eight-year period ending on the date of the enactment
of this Act and were caused by a change in the duty status
of such member, including an identification of the total number
of such lapses.
(2) The factors contributing to any such lapses, including—
(A) technological factors, including factors relating to
outdated systems;
(B) human errors in processing changes in duty status;
(C) shortages in the level of administrative staffing
of the reserve component; and
(D) integration of systems of the reserve component
with Integrated Pay and Personnel Systems.
(3) How factors contributing to any such lapses were identified under paragraph (2) and whether actions have been taken
to address the factors.

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Consultation.
Analyses.

Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021
(4) The effect of any such lapses on—
(A) the delivery of health care benefits to members
of the reserve components and the eligible dependents of
such members; or
(B) force readiness and force retention.
(5) The parties responsible for identifying and communicating to a member of a reserve component issues relating
to eligibility under the TRICARE program.
(6) The methods by which a member of a reserve component, an eligible dependent of such member, or the Secretary
of Defense may verify the status of enrollment in the TRICARE
program regarding the member before, during, and after a
deployment of the member.
(7) The comparative effectiveness, with respect to the
delivery of health care benefits to a member of a reserve component and eligible dependents of such member, of—
(A) continuing the current process by which a previously eligible member must transition from coverage
under TRICARE Reserve Select to coverage under
TRICARE Prime after a change to active service in the
duty status of such member; and
(B) establishing a new process by which a previously
eligible member may remain covered by TRICARE Reserve
Select after a change to active service in the duty status
of such member (whether by allowing a previously eligible
member to pay a premium for such coverage or by requiring
the Federal Government to provide for such coverage).
(8) Whether the current process referred to in paragraph
(7)(A) negatively affects the delivery of health care benefits
as a result of transitions between network providers.
(9) The current status and expected completion of duty
status reform for personnel of the reserve components.
(10) The actions necessary to prevent future occurrences
of such lapses, including legislative actions.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘active service’’ has the meaning given that
term in section 101(d) of title 10, United States Code.
(2) The term ‘‘eligible dependent’’ means a dependent of
a member of a reserve component—
(A) described in subparagraph (A), (D), or (I) of section
1072(2) of title 10, United States Code; and
(B) eligible for coverage under the TRICARE program.
(3) The term ‘‘previously eligible member’’ means a member
of a reserve component who was eligible for coverage under
TRICARE Reserve Select pursuant to section 1076d of title
10, United States Code, prior to a change to active service
in the duty status of such member.
(4) The terms ‘‘TRICARE Prime’’ and ‘‘TRICARE program’’
have the meanings given those terms in section 1072 of title
10, United States Code.
(5) The term ‘‘TRICARE Reserve Select’’ has the meaning
given that term in section 1076d(f) of title 10, United States
Code.

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134 STAT. 3723

SEC. 756. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES
ACROSS ARMED FORCES.

(a) STUDY.—The Secretary of Defense shall conduct a study
that reviews, identifies, and evaluates the technology approaches,
policies, and concepts of operations of telehealth and telemedicine
programs across all military departments. The study shall include
the following:
(1) Identification and evaluation of limitations and
vulnerabilities of health care and medicine capabilities with
respect to telemedicine.
(2) Identification and evaluation of essential technologies
needed to achieve documented goals and capabilities of telehealth and associated technologies required to support sustainability.
(3) Development of a technology maturation roadmap,
including an estimated funding profile over time, needed to
achieve an effective operational telehealth usage that describes
both the critical and associated supporting technologies, systems integration, prototyping and experimentation, and test
and evaluation.
(4) An analysis of telehealth programs, such as remote
diagnostic testing and evaluation tools that contribute to the
medical readiness of military medical providers.
(b) 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 House of Representatives
and the Senate a report containing the study conducted under
subsection (a).

Reviews.
Evaluations.

Estimate.

Analysis.

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SEC. 757. STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO
ENHANCE READINESS OF MEDICAL FORCE OF THE ARMED
FORCES.

(a) STUDY.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development center or other independent entity to conduct a study on
force mix options and service models (including traditional and
nontraditional active and reserve models) to enhance the readiness
of the medical force of the Armed Forces to deliver combat care
on the battlefield and assist public health responses to pandemics
or other national public health emergencies.
(b) ELEMENTS.—The study under subsection (a) shall include,
at a minimum and conducted separately with respect to members
of the Armed Forces on active duty and members of the reserve
components—
(1) a review of existing models for such members who
are medical professionals to improve clinical readiness skills
by serving in civilian trauma centers, Federal agencies, or
other organizations determined appropriate by the Secretary;
(2) an assessment of the extent to which such existing
models can be optimized, standardized, and scaled to address
readiness shortfalls; and
(3) an evaluation of the cost and effectiveness of alternative
models for such members who are medical professionals to
serve in the centers, agencies, and organizations specified in
subparagraph (A).

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Contracts.

Review.

Assessment.

Evaluation.

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134 STAT. 3724
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PUBLIC LAW 116–283—JAN. 1, 2021

(c) REPORT.—Not later than 15 months after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the findings and recommendations resulting from the
study under subsection (a).
SEC. 758. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM
DEPARTMENT OF DEFENSE.

(a) REPORT.—
(1) IN GENERAL.—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
assessing the billing practices of the Department of Defense
for care received under the TRICARE program or at military
medical treatment facilities.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of the extent to which data is being
collected and maintained on whether beneficiaries under
the TRICARE program have other forms of health insurance.
(B) A description of the extent to which the Secretary
of Defense has implemented the recommendations of the
Inspector General of the Department of Defense to improve
collections of third-party payments for care at military
medical treatment facilities and a description of the impact
such implementation has had on such beneficiaries.
(C) A description of the extent to which the process
used by managed care support contractors under the
TRICARE program to adjudicate third-party liability claims
is efficient and effective, including with respect to communication with such beneficiaries.
(b) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given that term in section
1072 of title 10, United States Code.

Assessments.

Care and
Readiness
Enhancement for
Reservists Act
of 2020.

Subtitle E—Mental Health Services From
Department of Veterans Affairs for Members of Reserve Components

38 USC 101 note.

SEC. 761. SHORT TITLE.

This subtitle may be cited as the ‘‘Care and Readiness Enhancement for Reservists Act of 2020’’ or the ‘‘CARE for Reservists
Act of 2020’’.

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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.

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(a) READJUSTMENT COUNSELING.—Subsection (a)(1) of section
1712A of title 38, United States Code, is amended by adding at
the end the following new subparagraph:
‘‘(D)(i) The Secretary, in consultation with the Secretary of
Defense, may furnish to any member of the reserve components

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134 STAT. 3725

of the Armed Forces who has a behavioral health condition or
psychological trauma, counseling under subparagraph (A)(i), which
may include a comprehensive individual assessment under subparagraph (B)(i).
‘‘(ii) A member of the reserve components of the Armed Forces
described in clause (i) shall not be required to obtain a referral
before being furnished counseling or an assessment under this
subparagraph.’’.
(b) OUTPATIENT SERVICES.—Subsection (b) of such section is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘to an individual’’ after ‘‘If, on the
basis of the assessment furnished’’; and
(B) by striking ‘‘veteran’’ each place it appears and
inserting ‘‘individual’’; and
(2) in paragraph (2), by striking ‘‘veteran’’ and inserting
‘‘individual’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date that is one year after the date of
the enactment of this Act.

38 USC 1712A
note.

SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF RESERVE
COMPONENTS OF THE ARMED FORCES.

(a) IN GENERAL.—Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 1789. Mental health services for members of the reserve
components of the Armed Forces
‘‘The Secretary, in consultation with the Secretary of Defense,
may furnish mental health services to members of the reserve
components of the Armed Forces.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to section 1788 the following new item:

38 USC 1789.
Consultation.

38 USC 1701
prec.

‘‘1789. Mental health services for members of the reserve components of the Armed
Forces.’’.

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SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN
MENTAL HEALTH PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.

(a) SUICIDE PREVENTION PROGRAM.—
(1) IN GENERAL.—Section 1720F of title 38, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(l)(1) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘covered individual’ means a veteran or a member of the reserve
components of the Armed Forces.
‘‘(2) In determining coverage of members of the reserve components of the Armed Forces under the comprehensive program, the
Secretary shall consult with the Secretary of Defense.’’.
(2) CONFORMING AMENDMENTS.—Such section is further
amended—
(A) in subsection (a), by striking ‘‘veterans’’ and
inserting ‘‘covered individuals’’;
(B) in subsection (b), by striking ‘‘veterans’’ each place
it appears and inserting ‘‘covered individuals’’;

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(C) in subsection (c)—
(i) in the subsection heading, by striking ‘‘OF VETERANS’’;
(ii) by striking ‘‘veterans’’ each place it appears
and inserting ‘‘covered individuals’’; and
(iii) by striking ‘‘veteran’’ and inserting ‘‘individual’’;
(D) in subsection (d), by striking ‘‘to veterans’’ each
place it appears and inserting ‘‘to covered individuals’’;
(E) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’;
(F) in subsection (f)—
(i) in the first sentence, by striking ‘‘veterans’’
and inserting ‘‘covered individuals’’; and
(ii) in the second sentence, by inserting ‘‘or members’’ after ‘‘veterans’’;
(G) in subsection (g), by striking ‘‘veterans’’ and
inserting ‘‘covered individuals’’;
(H) in subsection (h), by striking ‘‘veterans’’ and
inserting ‘‘covered individuals’’;
(I) in subsection (i)—
(i) in the subsection heading, by striking ‘‘FOR VETERANS AND FAMILIES’’;
(ii) in the matter preceding paragraph (1), by
striking ‘‘veterans and the families of veterans’’ and
inserting ‘‘covered individuals and the families of covered individuals’’;
(iii) in paragraph (2), by striking ‘‘veterans’’ and
inserting ‘‘covered individuals’’; and
(iv) in paragraph (4), by striking ‘‘veterans’’ each
place it appears and inserting ‘‘covered individuals’’;
(J) in subsection (j)—
(i) in paragraph (1), by striking ‘‘veterans’’ each
place it appears and inserting ‘‘covered individuals’’;
and
(ii) in paragraph (4)—
(I) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘women veterans’’
and inserting ‘‘covered individuals who are
women’’;
(II) in subparagraph (B), by striking ‘‘women
veterans who’’ and inserting ‘‘covered individuals
who are women and’’; and
(III) in subparagraph (C), by striking ‘‘women
veterans’’ and inserting ‘‘covered individuals who
are women’’; and
(K) in subsection (k), by striking ‘‘veterans’’ and
inserting ‘‘covered individuals’’.
(3) CLERICAL AMENDMENTS.—
(A) IN GENERAL.—Such section is further amended,
in the section heading, by inserting ‘‘and members of
the reserve components of the Armed Forces’’ after
‘‘veterans’’.
(B) TABLE OF SECTIONS.—The table of sections at the
beginning of such subchapter is amended by striking the

38 USC 1701
prec.

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134 STAT. 3727

item relating to section 1720F and inserting the following
new item:
‘‘1720F. Comprehensive program for suicide prevention among veterans and members of the reserve components of the Armed Forces.’’.
IN

(b) MENTAL HEALTH TREATMENT FOR INDIVIDUALS WHO SERVED
CLASSIFIED MISSIONS.—
(1) IN GENERAL.—Section 1720H of such title is amended—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) by striking ‘‘eligible veteran’’ and inserting
‘‘eligible individual’’; and
(II) by striking ‘‘the veteran’’ and inserting
‘‘the individual’’; and
(ii) in paragraph (3), by striking ‘‘eligible veterans’’
and inserting ‘‘eligible individuals’’;
(B) in subsection (b)—
(i) by striking ‘‘a veteran’’ and inserting ‘‘an individual’’; and
(ii) by striking ‘‘eligible veteran’’ and inserting
‘‘eligible individual’’; and
(C) in subsection (c)—
(i) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘The term ‘eligible veteran’ means a veteran’’ and inserting ‘‘The term
‘eligible individual’ means a veteran or a member of
the reserve components of the Armed Forces’’; and
(ii) in paragraph (3), by striking ‘‘eligible veteran’’
and inserting ‘‘eligible individual’’.
(2) CLERICAL AMENDMENTS.—
(A) IN GENERAL.—Such section is further amended,
in the section heading, by inserting ‘‘and members of
the reserve components of the Armed Forces’’ after
‘‘veterans’’.
(B) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 1720H and inserting the following new item:

38 USC 1720H.

38 USC 1701
prec.

‘‘1720H. Mental health treatment for veterans and members of the reserve components of the Armed Forces who served in classified missions.’’.

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SEC. 765. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED FORCES.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Armed Services and the Committees
on Veterans’ Affairs of the Senate and the House of Representatives
a report that includes an assessment of the following:
(1) The increase, as compared to the day before the date
of the enactment of this Act, of the number of members of
the Armed Forces that use readjustment counseling or outpatient mental health care from the Department of Veterans
Affairs, disaggregated by State, Vet Center location, and clinical
care site of the Department, as appropriate.
(2) The number of members of the reserve components
of the Armed Forces receiving telemental health care from
the Department.

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(3) The increase, as compared to the day before the date
of the enactment of this Act, of the annual cost associated
with readjustment counseling and outpatient mental health
care provided by the Department to members of the reserve
components of the Armed Forces.
(4) The changes, as compared to the day before the date
of the enactment of this Act, in staffing, training, organization,
and resources required for the Department to offer readjustment counseling and outpatient mental health care to members
of the reserve components of the Armed Forces.
(5) Any challenges the Department has encountered in
providing readjustment counseling and outpatient mental
health care to members of the reserve components of the Armed
Forces.
(b) VET CENTER DEFINED.—In this section, the term ‘‘Vet
Center’’ has the meaning given that term in section 1712A(h) of
title 38, United States Code.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. 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.

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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.
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.

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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.
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.

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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.

Subtitle A—Acquisition Policy and
Management

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SEC. 801. REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS PART OF ADAPTIVE ACQUISITION FRAMEWORK
IMPLEMENTATION.

(a) IN GENERAL.—Each service acquisition executive shall
submit to the Secretary of Defense, the Under Secretary of Defense
for Acquisition and Sustainment, the Under Secretary of Defense
for Research and Engineering, and the Chief Information Officer
of the Department of Defense a report on how such service acquisition executive is, with respect to the risks in acquisition programs
described in subsection (b)—
(1) assessing such risks;
(2) mitigating such risks; and
(3) reporting within the Department of Defense and to
Congress on such risks.
(b) ACQUISITION PROGRAM RISKS.—The risks in acquisition programs described in this subsection are the following:
(1) Technical risks in engineering, software, manufacturing
and testing.
(2) Integration and interoperability risks, including complications related to systems working across multiple domains
while using machine learning and artificial intelligence
capabilities to continuously change and optimize system
performance.
(3) Operations and sustainment risks, including as mitigated by appropriate sustainment planning earlier in the
lifecycle of a program, access to technical data, and intellectual
property rights.
(4) Workforce and training risks, including consideration
of the role of contractors as part of the total workforce.
(5) Supply chain risks, including cybersecurity, foreign control and ownership of key elements of supply chains, and the
consequences that a fragile and weakening defense industrial
base, combined with barriers to industrial cooperation with
allies and partners, pose for delivering systems and technologies
in a trusted and assured manner.
(c) REPORT TO CONGRESS.—Not later than March 31, 2021,
the Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a report
including—
(1) the input received from the service acquisition executives pursuant to subsection (a); and
(2) the views of the Under Secretary with respect to the
matters described in paragraphs (1) through (5) of subsection
(b).

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134 STAT. 3731

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SEC. 802. IMPROVING PLANNING, EXECUTION, AND OVERSIGHT OF
LIFE CYCLE SUSTAINMENT ACTIVITIES.

(a) PLANNING FOR LIFE CYCLE SUSTAINMENT.—Section 2337
of title 10, United States Code, is amended—
(1) by striking ‘‘major weapon system’’ each place it appears
and inserting ‘‘covered system’’;
(2) by striking ‘‘major weapon systems’’ each place it
appears and inserting ‘‘covered systems’’;
(3) by striking ‘‘weapon system’’ each place it appears and
inserting ‘‘covered system’’;
(4) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(5) by inserting after subsection (a) the following new subsection:
‘‘(b) LIFE CYCLE SUSTAINMENT PLAN.—Before granting Milestone B approval (or the equivalent), the milestone decision
authority shall ensure that each covered system has an approved
life cycle sustainment plan. The life cycle sustainment plan shall
include—
‘‘(1) a comprehensive product support strategy;
‘‘(2) performance goals, including key performance parameters for sustainment, key system attributes of the covered
system, and other appropriate metrics;
‘‘(3) an approved life-cycle cost estimate for the covered
system;
‘‘(4) affordability constraints and key cost factors that could
affect the operating and support costs of the covered system;
‘‘(5) sustainment risks and proposed mitigation plans for
such risks;
‘‘(6) engineering and design considerations that support
cost-effective sustainment of the covered system;
‘‘(7) a technical data and intellectual property management
plan for product support; and
‘‘(8) major maintenance and overhaul requirements that
will be required during the life cycle of the covered system.’’;
(6) in subsection (c)(2), as so redesignated—
(A) by amending subparagraph (A) to read as follows:
‘‘(A) develop, update, and implement a life cycle
sustainment plan described in subsection (b);’’;
(B) in subparagraph (B), by striking ‘‘use’’ and inserting
‘‘ensure the life cycle sustainment plan is informed by’’;
and
(C) in subparagraph (C), by inserting ‘‘and life cycle
sustainment plan’’ after ‘‘product support strategy’’;’’; and
(7) in subsection (d), as so redesignated—
(A) by amending paragraph (5) to read as follows:
‘‘(5) COVERED SYSTEM.—The term ‘covered system’ means—
‘‘(A) a major defense acquisition program as defined
in section 2430 of this title; or
‘‘(B) an acquisition program or project that is carried
out using the rapid fielding or rapid prototyping acquisition
pathway under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 10 U.S.C. 2302 note) that is estimated by the Secretary
of Defense to require an eventual total expenditure
described in section 2430(a)(1)(B).’’; and
(B) by adding at the end the following new paragraphs:

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Strategy.

Cost estimate.

Data.
Requirements.

Definition.

Definitions.

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Deadlines.
Reviews.

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Classified
information.
Remediation
plan.
Certification.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(6) MILESTONE B APPROVAL.—The term ‘Milestone B
approval’ has the meaning given that term in section 2366(e)(7)
of this title.
‘‘(7) MILESTONE DECISION AUTHORITY.—The term ‘milestone
decision authority’ has the meaning given in section 2431a(e)(5)
of this title.’’.
(b) ADDITIONAL REQUIREMENTS BEFORE MILESTONE B
APPROVAL.—Section 2366b of title 10, United States Code is
amended—
(1) in subsection (a)(3)—
(A) in subparagraph (N), by striking ‘‘and’’ at the end;
(B) in subparagraph (O), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(P) has approved the life cycle sustainment plan
required under section 2337(b) of this title.’’; and
(2) in subsection (c)(1)—
(A) by redesignating subparagraph (H) as subparagraph (I); and
(B) by inserting after subparagraph (G) the following
new subparagraph:
‘‘(H) A summary of the life cycle sustainment plan
required under section 2337 of this title.’’.
(c) RECURRING SUSTAINMENT REVIEWS.—Section 2441 of title
10, United States Code, is amended—
(1) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘major weapon system’’ and
inserting ‘‘covered system’’;
(ii) by striking ‘‘and throughout the life cycle of
the weapon system’’ and inserting ‘‘, and every five
years thereafter throughout the life cycle of the covered
system,’’; and
(iii) by striking ‘‘costs of the weapon system’’ and
inserting ‘‘costs of the covered system’’; and
(B) by striking the second sentence;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting
‘‘assess execution of the life cycle sustainment plan of the
covered system and’’ before ‘‘include the following elements:’’; and
(B) by adding at the end the following new paragraph:
‘‘(10) As applicable, information regarding any decision to
restructure the life cycle sustainment plan for a covered system
or any other action that will lead to critical operating and
support cost growth.’’; and
(3) by adding at the end the following new subsections:
‘‘(d) SUBMISSION TO CONGRESS.—(1) Not later than September
30 of each fiscal year, the Secretary of each military department
shall annually submit to the congressional defense committees the
sustainment reviews required by this section for such fiscal year.
‘‘(2) Each submission under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
‘‘(3) For a covered system with critical operating and support
cost growth, such submission shall include a remediation plan to

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134 STAT. 3733

reduce operating and support costs or a certification by the Secretary concerned that such critical operating and support cost
growth is necessary to meet national security requirements.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) COVERED SYSTEM.—The term ‘covered system’ shall
have the meaning given in section 2337 of this title.
‘‘(2) CRITICAL OPERATING AND SUPPORT COST GROWTH.—
The term ‘critical operating and support cost growth’ means
operating and support cost growth—
‘‘(A) of at least 25 percent more than the estimate
documented in the most recent independent cost estimate
for the covered system; or
‘‘(B) of at least 50 percent more than the estimate
documented in the original Baseline Estimate (as defined
in section 2435(d) of this title) for the covered system.’’.
(d) COMPTROLLER GENERAL REVIEW.—
(1) IN GENERAL.—The Comptroller General of the United
States shall—
(A) annually, select 10 covered systems for which a
sustainment review has been submitted under section
2441(d) of title 10, United States Code; and
(B) submit to the congressional defense committees
an assessment of the steps taken by Secretaries concerned
to quantify and address critical operating and support cost
growth with respect to such covered systems.
(2) CONTENTS.—Each assessment described in paragraph
(1) shall include—
(A) an evaluation of—
(i) the causes of critical operating and support
cost growth for each such covered system;
(ii) the extent to which the Secretary concerned
has mitigated critical operating and support cost
growth of such covered system; and
(iii) any other issues related to potential critical
operating and support cost growth the Comptroller
General determines appropriate; and
(B) any recommendations, including steps the Secretaries concerned could take to reduce critical operating
and support cost growth for covered systems and lessons
learned to be incorporated in covered system acquisitions.
(3) TERMINATION.—The requirement under this subsection
shall terminate on September 30, 2025.
(4) DEFINITIONS.—In this subsection, the terms ‘‘covered
system’’ and ‘‘critical operating and support cost growth’’ have
the meanings given, respectively, in section 2441 of title 10,
United States Code.
(e) REPORT ON SUSTAINMENT PLANNING PROCESSES FOR NONMAJOR DEFENSE ACQUISITION PROGRAM ACTIVITIES.—Not later than
December 31, 2021, the Secretary of Defense shall submit to the
congressional defense committees a report on the process for
ensuring that timely and robust sustainment planning processes
are in place for all acquisition activities. The report shall include
a discussion of—
(1) sustainment planning processes for each—
(A) acquisition program or project that is carried out
using the rapid fielding or rapid prototyping acquisition
pathway under section 804 of the National Defense

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Assessments.

Evaluations.

Recommendations.

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134 STAT. 3734

PUBLIC LAW 116–283—JAN. 1, 2021
Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 10 U.S.C. 2302 note);
(B) information technology and software program;
(C) services contract, including each services contract
for information technologies and systems; and
(D) acquisition activity other than major defense
acquisition programs (as defined in section 2430 of title
10, United States Code), as determined by the Secretary
of Defense;
(2) methods to identify responsible individuals for
sustainment planning;
(3) required elements of sustainment planning;
(4) timing of sustainment planning activities in the acquisition process;
(5) measures and metrics to assess compliance with
sustainment plans; and
(6) actions to continuously monitor, create incentives for,
and ensure compliance with sustainment plans.

Requirements.

Assessment.
Compliance.

SEC. 803. DISCLOSURES FOR OFFERORS FOR CERTAIN SHIPBUILDING
MAJOR DEFENSE ACQUISITION PROGRAM CONTRACTS.

(a) IN GENERAL.—Chapter 137 of title 10, United States Code,
is amended by adding at the end the following new section:
10 USC 2339c.
Proposal.

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Deadline.

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‘‘§ 2339c. Disclosures for offerors for certain shipbuilding
major defense acquisition program contracts
‘‘(a) IN GENERAL.—Any covered offeror seeking to be awarded
a shipbuilding construction contract as part of a major defense
acquisition program with funds from the Shipbuilding and Conversion, Navy account shall disclose along with the offer and any
subsequent revisions of the offer (including the final proposal revision offer) if any part of the planned contract performance will
or is expected to include foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax
concessions.
‘‘(b) REQUIREMENTS.—A disclosure required under subsection
(a) shall be made in a form prescribed by the Secretary of the
Navy and shall include a specific description of the extent to which
the planned contract performance will include, with or without
contingencies, any foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
‘‘(c) CONGRESSIONAL NOTIFICATION.—Not later than 5 days after
awarding a contract described under subsection (a), the Secretary
of the Navy shall notify the congressional defense committees and
summarize the disclosure provided under such subsection.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) COVERED OFFEROR.—The term ‘covered offeror’ means
any offeror that requires or may reasonably be expected to
require, during the period of performance on a shipbuilding
construction contract described in subsection (a), a method to
mitigate or negate foreign ownership under section 2004.34(f)(6)
of title 32, Code of Federal Regulations.
‘‘(2) FOREIGN GOVERNMENT SUBSIDIZED PERFORMANCE.—The
term ‘foreign government subsidized performance’ means any
financial support, materiel, services, or guarantees of support,

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134 STAT. 3735

services, supply, performance, or intellectual property concessions, that may be provided to or for the covered offeror or
the customer of the offeror by a foreign government or entity
effectively owned or controlled by a foreign government, which
may have the effect of supplementing, supplying, servicing,
or reducing the cost or price of an end item, or supporting,
financing in whole or in part, or guaranteeing contract performance by the offeror.
‘‘(3) MAJOR DEFENSE ACQUISITION PROGRAM.—The term
‘major defense acquisition program’ has the meaning given
the term in section 2430 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended
by inserting after the item relating to section 2339b the following
new item:

10 USC 2301
prec.

‘‘2339c. Disclosures for offerors for certain shipbuilding major defense acquisition
program contracts.’’.

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SEC.

804.

IMPLEMENTATION
APPROACHES.

OF

MODULAR

OPEN

SYSTEMS

(a) REQUIREMENTS FOR INTERFACE DELIVERY.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment, in coordination with the Joint
All-Domain Command and Control cross-functional team and
the Director for Command, Control, Communications, and Computers/Cyber, shall issue regulations and guidance applicable
to the military departments, Defense Agencies, Department
of Defense Field Activities (as such terms are defined, respectively, in section 101 of title 10, United States Code), and
combatant commands, as appropriate, to—
(A) facilitate the Department of Defense’s access to
and utilization of modular system interfaces;
(B) fully realize the intent of chapter 144B of title
10, United States Code, by facilitating the implementation
of modular open system approaches across major defense
acquisition programs (as defined in section 2430 of title
10, United States Code) and other relevant acquisition
programs, including in the acquisition and sustainment
of weapon systems, platforms, and components for which
no common interface standard has been established, to
enable communication between such weapon systems, platforms, and components; and
(C) advance the efforts of the Department to generate
diverse and recomposable kill chains.
(2) ELEMENTS.—The regulations and guidance required
under paragraph (1) shall include requirements that—
(A) the program officer for each weapon system
characterizes, in the acquisition strategy required under
section 2431a of title 10, United States Code or in other
documentation, the desired modularity of the weapon
system for which the program officer is responsible,
including—
(i) identification of—
(I) the modular systems that comprise the
weapon system;

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10 USC 4401
note.
Deadline.
Coordination.
Regulations.
Applicability.

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PUBLIC LAW 116–283—JAN. 1, 2021
(II) the information that should be communicated between individual modular systems (such
as tracking and targeting data or command and
control instructions); and
(III) the desired function of the communication
between modular systems (such as fire control
functions); and
(ii) a default configuration specifying which modular systems should communicate with other modular
systems, including modular systems of other weapon
systems;
(B) each relevant Department of Defense contract
entered into after the date on which the regulations and
guidance required under paragraph (1) are implemented
includes requirements for the delivery of modular system
interfaces for modular systems deemed relevant in the
acquisition strategy or documentation referred to in
subparagraph (A), including—
(i) software-defined interface syntax and properties, specifically governing how values are validly
passed and received between major subsystems and
components, in machine-readable format;
(ii) a machine-readable definition of the relationship between the delivered interface and existing
common standards or interfaces available in the interface repositories established pursuant to subsection (c);
and
(iii) documentation with functional descriptions of
software-defined
interfaces,
conveying
semantic
meaning of interface elements, such as the function
of a given interface field;
(C) the relevant program offices, including those
responsible for maintaining and upgrading legacy systems—
(i) that have not characterized the desired
modularity of the systems nevertheless meet the
requirements of paragraph (2)(A), if the program officers make an effort, to the extent practicable, to update
the acquisition strategies required under section 2431a
of title 10, United States Code, or to develop or update
other relevant documentation; and
(ii) that have awarded contracts that do not include
the requirements specified in subparagraph (B) of paragraph (2) nevertheless acquire, to the extent practicable, the items specified in clauses (i) through (iii)
of such subparagraph, either through contractual
updates, separate negotiations or contracts, or program
management mechanisms; and
(D) the relevant program officers deliver modular
system interfaces and the associated documentation to at
least one of the repositories established pursuant to subsection (c).
(3) APPLICABILITY OF REGULATIONS AND GUIDANCE.—
(A) APPLICABILITY.—The regulations and guidance
required under paragraph (1) shall apply to any program
office responsible for the prototyping, acquisition, or
sustainment of a new or existing weapon system.

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134 STAT. 3737

(B) EXTENSION OF SCOPE.—Not earlier than 1 year
before, and not later than 2 years after the regulations
and guidance required under paragraph (1) are issued for
weapon systems, the Under Secretary of Defense for
Acquisition and Sustainment may extend such regulations
and guidance to apply to software-based non-weapon systems, including business systems and cybersecurity systems.
(4) INCLUSION OF COMPONENTS.—For the purposes of paragraph (2)(A), each component that meets the following requirements shall be treated as a modular system:
(A) A component that is able to execute without
requiring coincident execution of other weapon systems
or components and can communicate across component
boundaries and through interfaces.
(B) A component that can be separated from and
recombined with other weapon systems or components to
achieve various effects, missions, or capabilities.
(C) A component that is covered by a unique contract
line item.
(5) MACHINE-READABLE DEFINITION.—Where appropriate
and available, the requirement in paragraph (2)(B)(ii) for a
machine-readable definition may be satisfied by using a covered
technology.
(b) EXTENSION OF MODULAR OPEN SYSTEMS APPROACH AND
RIGHTS IN INTERFACE SOFTWARE.—
(1) REQUIREMENT FOR MODULAR OPEN SYSTEM APPROACH.—
Section 2446a of title 10, United States Code, is amended—
(A) in subsection (a), by adding at the end the following:
‘‘Other defense acquisition programs shall also be designed
and developed, to the maximum extent practicable, with
a modular open system approach to enable incremental
development and enhance competition, innovation, and
interoperability.’’;
(B) in subsection (b)—
(i) in paragraph (1)—
(I) in subparagraph (A), by striking ‘‘major
system interfaces’’ and all that follows and
inserting ‘‘modular system interfaces between
major systems, major system components and modular systems;’’;
(II) in subparagraph (B), by striking ‘‘major
system interfaces’’ and all that follows and
inserting the following: ‘‘that relevant modular
system interfaces—
‘‘(i) comply with, if available and suitable, widely
supported and consensus-based standards; or
‘‘(ii) are delivered pursuant to the requirements
established in subsection (a)(2)(B) of section 804 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, including the
delivery of—
‘‘(I) software-defined interface syntax and
properties, specifically governing how values are
validly passed and received between major subsystems and components, in machine-readable format;

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Determination.

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‘‘(II) a machine-readable definition of the relationship between the delivered interface and
existing common standards or interfaces available
in Department interface repositories; and
‘‘(III) documentation with functional descriptions of software-defined interfaces, conveying
semantic meaning of interface elements, such as
the function of a given interface field;’’; and
(III) in subparagraph (C), by inserting ‘‘and
modular systems’’ after ‘‘severable major system
components’’;
(ii) in paragraph (3)(A), by striking ‘‘well-defined
major system interfaces’’ and inserting ‘‘modular
system interfaces’’;
(iii) by amending paragraph (4) to read as follows:
‘‘(4) The term ‘modular system interface’ means a shared
boundary between major systems, major system components,
or modular systems, defined by various physical, logical, and
functional characteristics, such as electrical, mechanical, fluidic,
optical, radio frequency, data, networking, or software elements.’’;
(iv) by redesignating paragraphs (5) through (8)
as paragraphs (6) through (9), respectively; and
(v) by inserting after paragraph (4) the following
new paragraph:
‘‘(5) The term ‘modular system’ refers to a weapon system
or weapon system component that—
‘‘(A) is able to execute without requiring coincident
execution of other specific weapon systems or components;
‘‘(B) can communicate across component boundaries
and through interfaces; and
‘‘(C) functions as a module that can be separated,
recombined, and connected with other weapon systems or
weapon system components in order to achieve various
effects, missions, or capabilities.’’.
(2) RIGHTS IN TECHNICAL DATA.—
(A) IN GENERAL.—Section 2320 of title 10, United
States Code, is amended—
(i) in subsection (a)(2), by amending subparagraph
(G) to read as follows:
‘‘(G) MODULAR SYSTEM INTERFACES DEVELOPED EXCLUSIVELY AT PRIVATE EXPENSE OR WITH MIXED FUNDING.—Notwithstanding subparagraphs (B) and (E), the United States shall
have government purpose rights in technical data pertaining
to a modular system interface developed exclusively at private
expense or in part with Federal funds and in part at private
expense and used in a modular open system approach pursuant
to section 2446a of this title, except in any case in which
the Secretary of Defense determines that negotiation of different rights in such technical data would be in the best interest
of the United States. Such modular system interface shall be
identified in the contract solicitation and the contract. For
technical data pertaining to a modular system interface developed exclusively at private expense for which the United States
asserts government purpose rights, the Secretary of Defense
shall negotiate with the contractor the appropriate and reasonable compensation for such technical data.’’; and

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134 STAT. 3739

(ii) in subsection (h), by striking ‘‘, ‘major system
interface’ ’’ and inserting ‘‘, ‘modular system interface’ ’’.
(B) REGULATIONS.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall update the regulations required by section 2320(a)(1)
of title 10, United States Code, to reflect the amendments
made by this paragraph.
(c) INTERFACE REPOSITORIES.—
(1) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment shall—
(A) direct the Secretaries concerned and the heads
of other appropriate Department of Defense components
to establish and maintain repositories for interfaces, syntax
and properties, documentation, and communication
implementations delivered pursuant to the requirements
established under subsection (a)(2)(B);
(B) establish and maintain a comprehensive index of
interfaces, syntax and properties, documentation, and
communication implementations delivered pursuant to the
requirements established under subsection (a)(2)(B) and
maintained in the repositories required under subparagraph (A); and
(C) if practicable, establish and maintain an alternate
reference repository of interfaces, syntax and properties,
documentation, and communication implementations delivered pursuant to the requirements established under subsection (a)(2)(B).
(2) DISTRIBUTION OF INTERFACES.—
(A) IN GENERAL.—Consistent with the requirements
of section 2320 of title 10, United States Code, the Under
Secretary of Defense for Acquisition and Sustainment shall,
in coordination with the Director of the Defense Standardization Program Office, use the index and repositories
established pursuant to paragraph (1) to provide access
to interfaces and relevant documentation to authorized Federal Government and non-Governmental entities.
(B) NON-GOVERNMENT RECIPIENT USE LIMITS.—A nonGovernmental entity that receives access under subparagraph (A) may not further release, disclose, or use such
data except as authorized.
(d) SYSTEM OF SYSTEMS INTEGRATION TECHNOLOGY AND
EXPERIMENTATION.—
(1) DEMONSTRATION AND ASSESSMENT.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Director for Command, Control, Communications, and Computers/Cyber and
the Chief Information Officer of the Department of Defense,
acting through the Joint All-Domain Command and Control
cross-functional team, shall conduct demonstrations and
complete an assessment of the technologies developed
under the System of Systems Integration Technology and
Experimentation program of the Defense Advanced
Research Projects Agency, including a covered technology,
and the applicability of any such technologies to the Joint
All-Domain Command and Control architecture.

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Update.

Deadline.

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134 STAT. 3740

(B) COVERAGE.—The demonstrations and assessment
required under subparagraph (A) shall include—
(i) at least three demonstrations of the use of
a covered technology to create, under constrained
schedules and budgets, novel kill chains involving previously incompatible weapon systems, sensors, and
command, control, and communication systems from
multiple military services in cooperation with United
States Indo-Pacific Command or United States European Command;
(ii) an evaluation as to whether the communications enabled via a covered technology are sufficient
for military missions and whether such technology
results in any substantial performance loss in communication between systems, major subsystems, and
major components;
(iii) an evaluation as to whether a covered technology obviates the need to develop, impose, and maintain strict adherence to common communication and
interface standards for weapon systems;
(iv) the appropriate roles and responsibilities of
the Chief Information Officer of the Department of
Defense, the Under Secretary of Defense for Acquisition
and Sustainment, the heads of the combatant commands, the Secretaries concerned, the Defense
Advanced Research Projects Agency, and the defense
industrial base in using and maintaining a covered
technology to generate diverse and recomposable kill
chains as part of the Joint All-Domain Command and
Control architecture;
(v) for at least one of the demonstrations conducted
under clause (i), demonstration of the use of technology
developed under the High-Assurance Cyber Military
Systems program of the Defense Advanced Research
Projects Agency to secure legacy weapon systems and
command and control capabilities while facilitating
interoperability;
(vi) an evaluation of how the technology referred
to in clause (v) and covered technology should be used
to improve cybersecurity and interoperability across
critical weapon systems and command and control
capabilities across the joint forces; and
(vii) coordination with the program manager for
the Time Sensitive Targeting Defeat program under
the Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for
Intelligence and Security.
(2) CHIEF INFORMATION OFFICER ASSESSMENT.—
(A) IN GENERAL.—The Chief Information Officer for
the Department of Defense, in coordination with the Principal Cyber Advisor to the Secretary of Defense and the
Director of the Cybersecurity Directorate of the National
Security Agency, shall assess the technologies developed
under the System of Systems Integration Technology and
Experimentation program of the Defense Advanced
Research Projects Agency, including the covered technology,

Evaluation.

Evaluation.

Evaluation.

Coordination.

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Coordination.

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134 STAT. 3741

and applicability of such technology to the business systems
and cybersecurity tools of the Department.
(B) COVERAGE.—The assessment required under
subparagraph (A) shall include—
(i) an evaluation as to how the technologies
referred to in such subparagraph could be used in
conjunction with or instead of existing cybersecurity
standards, frameworks, and technologies designed to
enable communication between, and coordination of,
cybersecurity tools;
(ii) as appropriate, demonstrations by the Chief
Information Office of the use of such technologies in
enabling communication between, and coordination of,
previously incompatible cybersecurity tools; and
(iii) as appropriate, demonstrations of the use of
such technologies in enabling communication between
previously incompatible business systems.
(3) SUSTAINMENT OF CERTAIN ENGINEERING RESOURCES AND
CAPABILITIES.—During the period the demonstrations and
assessments required under this subsection are conducted, and
thereafter to the extent required to execute the activities
directed by the Joint All-Domain Command and Control crossfunctional team, the Joint All-Domain Command and Control
cross-functional team shall sustain the System of Systems Technology Integration Tool Chain for Heterogeneous Electronic
Systems engineering resources and capabilities developed by
the Defense Advanced Research Projects Agency.
(4) TRANSFER OF RESPONSIBILITY.—Not earlier than 1 year
before, and not later than 2 years after the date of the enactment of this Act, the Secretary of Defense may transfer responsibility for maintaining the engineering resources and capabilities described in paragraph (3) to a different organization within
the Department.
(e) OPEN STANDARDS.—Nothing in this section shall be construed as requiring, preventing, or interfering with the use or
application of any given communication standard or interface. The
communication described in subsection (a)(2)(A) may be accomplished by using existing open standards, by the creation and use
of new open standards, or through other approaches, provided that
such standards meet the requirements of subsection (a)(2)(B).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered technology’’ means the domain-specific programming language for interface field transformations
and its associated compilation toolchain (commonly known as
the ‘‘System of Systems Technology Integration ToolChain for
Heterogeneous Electronic Systems’’) developed under the
Defense Advanced Research Projects Agency System of Systems
Integration Technology and Experimentation program, or any
other technology that is functionally equivalent.
(2) The term ‘‘desired modularity’’ means the desired degree
to which weapon systems, components within a weapon system,
and components across weapon systems can function as modules
that can communicate across component boundaries and
through interfaces and can be separated and recombined to
achieve various effects, missions, or capabilities, as determined
by the program officer for such weapon system.

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Evaluations.

Coordination.

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PUBLIC LAW 116–283—JAN. 1, 2021
(3) The term ‘‘machine-readable format’’ means a format
that can be easily processed by a computer without human
intervention.
(4) The terms ‘‘major system’’, ‘‘major system component’’,
‘‘modular open system approach’’, ‘‘modular system’’, ‘‘modular
system interface’’, and ‘‘weapon system’’ have the meanings
given such terms, respectively, in section 2446a of title 10,
United States Code.

SEC. 805. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A
MIDDLE TIER ACQUISITION PROGRAM.

Section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note) is amended by adding at the
end the following new subsection:
‘‘(e) REPORT.—Not later than 30 days after the date of termination of an acquisition program commenced using the authority
under this section, the Secretary of Defense shall submit to Congress a notification of such termination. Such notice shall include—
‘‘(1) the initial amount of a contract awarded under such
acquisition program;
‘‘(2) the aggregate amount of funds awarded under such
contract; and
‘‘(3) written documentation of the reason for termination
of such acquisition program.’’.
SEC. 806. DEFINITION OF MATERIAL WEAKNESS FOR CONTRACTOR
BUSINESS SYSTEMS.

Section 893 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302
note) is amended—
(1) by striking ‘‘significant deficiencies’’ both places it
appears and inserting ‘‘material weaknesses’’;
(2) by striking ‘‘significant deficiency’’ each place it appears
and inserting ‘‘material weakness’’; and
(3) by amending subsection (g)(4) to read as follows:
‘‘(4) The term ‘material weakness’ means a deficiency or
combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable possibility that a material misstatement of such information will not be prevented, or detected and corrected, on a
timely basis. For purposes of this paragraph, a reasonable
possibility exists when the likelihood of an event occurring—
‘‘(A) is probable; or
‘‘(B) is more than remote but less than likely.’’.

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10 USC 9081
note.

SEC. 807. SPACE SYSTEM ACQUISITION AND THE ADAPTIVE ACQUISITION FRAMEWORK.

(a) SERVICE ACQUISITION EXECUTIVE FOR SPACE SYSTEMS AND
PROGRAMS.—Before implementing the application of the adaptive
acquisition framework to a Space Systems Acquisition pathway
described in subsection (c), there shall be within the Department
of the Air Force an individual serving as the Service Acquisition
Executive of the Department of the Air Force for Space Systems
and Programs as required under section 957 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1566; 10 U.S.C. 9016 note).
(b) MILESTONE DECISION AUTHORITY FOR UNITED STATES SPACE
FORCE.—

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134 STAT. 3743

(1) PROGRAM EXECUTIVE OFFICER.—The Service Acquisition
Executive for Space Systems and Programs of the United States
Space Force may further delegate authority to an appropriate
program executive officer to serve as the milestone decision
authority for major defense acquisition programs of the United
States Space Force.
(2) PROGRAM MANAGER.—The program executive officer
assigned under paragraph (1) may further delegate authority
over major systems to an appropriate program manager.
(c) ADAPTIVE ACQUISITION FRAMEWORK APPLICATION TO SPACE
ACQUISITION.—
(1) IN GENERAL.—The Secretary of Defense shall take such
actions necessary to ensure the adaptive acquisition framework
(as described in Department of Defense Instruction 5000.02,
‘‘Operation of the Adaptive Acquisition Framework’’) includes
one or more pathways specifically tailored for Space Systems
Acquisition in order to achieve faster acquisition, improve
synchronization and more rapid fielding of critical end-to-end
capabilities (including by using new commercial capabilities
and services), while maintaining accountability for effective
programs that are delivered on time and on budget.
(2) GOAL.—The goal of the application of the adaptive
acquisition framework to a Space Systems Acquisition pathway
shall be to quickly and effectively acquire end-to-end space
warfighting capabilities needed to address the requirements
of the national defense strategy (as defined under section 113(g)
of title 10, United States Code).
(d) REPORT.—
(1) IN GENERAL.—Not later than May 15, 2021, the Secretary of Defense shall submit to the congressional defense
committees a report on the application of the adaptive acquisition framework to any Space Systems Acquisition pathway
established under subsection (a) that includes the following:
(A) Proposed United States Space Force budget line
items for fiscal year 2022, including—
(i) a comparison with budget line items for any
major defense acquisition programs, middle tier
acquisition programs, covered software programs, and
major systems of the United States Space Force for
three previous fiscal years;
(ii) existing and recommended measures to ensure
sufficient transparency and accountability related to
the performance of the Space Systems Acquisition
pathway; and
(iii) proposed mechanisms to enable insight into
the funding prioritization process and significant
funding changes, including the independent cost estimate basis and full funding considerations for any
major defense acquisition programs, middle tier
acquisition programs, covered software programs, and
major systems procured by the United States Space
Force.
(B) Proposed revised, flexible, and streamlined options
for joint requirements validation in order to be more
responsive and innovative, while ensuring the ability of

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Recommendations.

Proposals.

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List.

List.
Procedures.

Analysis.

Analysis.

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Deadline.
Analysis.
Recommendations.

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the Joint Chiefs of Staff to ensure top-level system requirements are properly prioritized to address joint-warfighting
needs.
(C) A list of acquisition programs of the United States
Space Force for which multiyear contracting authority
under sections 2306b or 2306c of title 10, United States
Code, is recommended.
(D) A list of space systems acquisition programs for
which alternative acquisition pathways may be used.
(E) Policies or procedures for potential new pathways
in the application of the adaptive acquisition framework
to a Space Systems Acquisition with specific acquisition
key decision points and reporting requirements for development, fielding, and sustainment activities that meet the
requirements of the adaptive acquisition framework.
(F) An analysis of the need for updated determination
authority for procurement of useable end items that are
not weapon systems.
(G) Policies and a governance structure, for both the
Office of the Secretary of Defense and each military department, for a separate United States Space Force budget
topline, corporate process, and portfolio management
process.
(H) An analysis of the risks and benefits of the delegation of the authority of the head of contracting activity
authority to the Chief of Space Operations in a manner
that would not expand the operations of the United States
Space Force.
(2) COMPTROLLER GENERAL REVIEW.—Not later than 60
days after the submission of the report required under paragraph (1), the Comptroller General of the United States shall
review such report and submit to the congressional defense
committees an analysis and recommendations based on such
report.
(e) DEFINITIONS.—In this section:
(1) COVERED SOFTWARE PROGRAM.—The term ‘‘covered software program’’ means an acquisition program or project that
is carried out using the software acquisition pathway established under section 800 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478;
10 U.S.C. 2223a note).
(2) MAJOR DEFENSE ACQUISITION PROGRAM.—The term
‘‘major defense acquisition program’’ has the meaning given
in section 2430 of title 10, United States Code.
(3) MAJOR SYSTEM.—The term ‘‘major system’’ has the
meaning given in section 2302 of title 10, United States Code.
(4) MIDDLE TIER ACQUISITION PROGRAM.—The term ‘‘middle
tier acquisition program’’ means an acquisition program or
project that is carried out using the rapid fielding or rapid
prototyping acquisition pathway under section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 10 U.S.C. 2302 note).
(5) MILESTONE DECISION AUTHORITY.—The term ‘‘milestone
decision authority’’ has the meaning given in section 2431a
of title 10, United States Code.
(6) PROGRAM EXECUTIVE OFFICER; PROGRAM MANAGER.—The
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the meanings given those terms, respectively, in section 1737
of title 10, United States Code.

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SEC. 808. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT
ARTIFICIAL INTELLIGENCE CENTER.

(a) AUTHORITY.—The Secretary of Defense shall delegate to
the Director of the Joint Artificial Intelligence Center the acquisition authority to exercise the functions of a head of an agency
(as defined in section 2302 of title 10, United States Code) with
respect to appropriate acquisition activities of the Center.
(b) JAIC ACQUISITION EXECUTIVE.—
(1) IN GENERAL.—The staff of the Director shall include
an acquisition executive who shall be responsible for the supervision of appropriate acquisition activities under subsection
(a). Subject to the authority, direction, and control of the
Director of the Center, the acquisition executive shall have
the authority—
(A) to negotiate memoranda of agreement with any
element of the Department of Defense to carry out the
acquisition of technologies, services, and capabilities developed or identified by the Center;
(B) to supervise the acquisition of technologies, services, and capabilities to support the mission of the Center;
(C) to represent the Center in discussions with the
Secretaries concerned regarding acquisition programs
relating to such appropriate acquisition activities for which
the Center is involved; and
(D) to work with the Secretaries concerned to ensure
that the Center is appropriately represented in any joint
working group or integrated product team regarding
acquisition programs relating to such appropriate activities
for which the Center is involved.
(2) DELIVERY OF ACQUISITION SOLUTIONS.—The acquisition
executive of the Center shall be—
(A) responsible to the Director for rapidly delivering
capabilities to meet validated requirements;
(B) subordinate to the Under Secretary of Defense
for Acquisition and Sustainment in matters of acquisition;
and
(C) included on the distribution list for acquisition
directives and instructions of the Department of Defense.
(c) ACQUISITION PERSONNEL.—
(1) IN GENERAL.—The Secretary of Defense shall provide
the Center with at least 10 full-time employees to support
the Director in carrying out the requirements of this section,
including personnel with experience in—
(A) acquisition practices and processes;
(B) the Joint Capabilities Integration and Development
System process;
(C) program management;
(D) software development and systems engineering;
and
(E) cost analysis.
(2) EXISTING PERSONNEL.—The personnel provided under
this subsection shall be provided from among the existing personnel of the Department of Defense.

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note.

Memorandum.

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Time period.

Deadline.

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Assessment.

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(d) FUNDING.—In exercising the acquisition authority granted
in subsection (a), the Director may not obligate or expend more
than $75,000,000 out of the funds made available in each of fiscal
years 2021, 2022, 2023, 2024, and 2025 to enter into new contracts
to support appropriate acquisition activities carried out under this
section.
(e) IMPLEMENTATION PLAN AND DEMONSTRATION REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense—
(A) may use the acquisition authority granted under
subsection (a) on or after 30 days after the date on which
the Secretary provides to the congressional defense committees a plan for implementation of such authority; and
(B) by March 15, 2022, shall provide a demonstration
of operational capability delivered under such authority.
(2) IMPLEMENTATION PLAN.—The plan shall include the following:
(A) Description of the types of activities to be undertaken using the acquisition authority provided under subsection (a).
(B) Plan for the negotiation and approval of any such
memorandum of agreement with an element of the Department of Defense to support Center missions and transition
of artificial intelligence capabilities into appropriate
acquisition programs or into operational use.
(C) Plan for oversight of the position of acquisition
executive established in subsection (b).
(D) Assessment of the acquisition workforce, tools, and
infrastructure needs of the Center to support the authority
under subsection (a) until September 30, 2025.
(E) Other matters as appropriate.
(3) DEMONSTRATION.—The capability demonstration shall
include a description of how the acquisition authority enabled
the capability, how requirements were established and agreed
upon, how testing was conducted, and how the capability was
transitioned to the user, as well as any other matters deemed
appropriate by the Center.
(4) RELATIONSHIP TO OTHER AUTHORITIES.—The requirement to submit a plan under this subsection is in addition
to the requirements under section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1293).
(f) SUNSET.—Effective October 1, 2025, the Director may not
exercise the authority under subsection (a) and may not enter
into any new contracts under this section. The performance on
any contract entered into before such date may continue according
to the terms of such contract.
(g) DEFINITIONS.—In this section:
(1) CENTER.—The term ‘‘Center’’ has the meaning given
the term ‘‘Joint Artificial Intelligence Center’’ in section 260(c)
of National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 133 Stat. 1294).
(3) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Center.
(4) ELEMENT.—The term ‘‘element’’ means an element
described under section 111(b) of title 10, United States Code.

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(5) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ has the meaning given in section 101(9) of title 10,
United States Code.

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SEC. 809. ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY REQUIREMENTS FOR DEPARTMENT OF DEFENSE
ACQUISITION PROGRAMS.

(a) IN GENERAL.—The Secretary of Defense and the individual
appointed under section 2361a(c) of title 10, United States Code,
(in this section referred to as the ‘‘Director’’) shall each—
(1) conduct an assessment of the processes for developing
and approving capability requirements for the acquisition programs of the Department of Defense and each military department; and
(2) develop recommendations for reforming such process
to improve the agility and timeliness of such process.
(b) ASSESSMENT ELEMENTS.—Each assessment conducted under
subsection (a) shall include the following:
(1) An assessment of the—
(A) adherence of the capability requirements development and approval processes to statute, regulations, policies, and directives;
(B) alignment and standardization of the capability
requirements development, acquisition, and budget processes;
(C) technical feasibility of each approved capability
requirement;
(D) training and development of the workforce in capability requirements development and evaluation;
(E) ability of the process for developing capability
requirements to address the urgent needs of the Department of Defense;
(F) capacity to review changes in capability requirements for programs of record;
(G) validation of decisions made to approve capability
requirements and the alignment of each such decision to
the national defense strategy required under section 113(g)
of title 10, United States Code;
(H) extent to which portfolio management techniques
are used in the process for developing capability requirements to coordinate decisions and avoid duplication of
capabilities across acquisition programs; and
(I) implementation by each military department of
Comptroller General of the United States recommendations
pertaining to the process for developing and approving
capability requirements.
(2) A comprehensive analysis of the circumstances and
factors contributing to the length of time between the start
of a Capabilities-Based Assessment and the date the Joint
Requirements Oversight Council approves the related Capability Development Document.
(3) Identification and comparison of best practices in the
private sector and the public sector for the development and
approval of capability requirements.
(4) Any additional matters that the Secretary or Director
determine appropriate.
(c) REPORTS.—

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Analysis.

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134 STAT. 3748

PUBLIC LAW 116–283—JAN. 1, 2021
(1) ASSESSMENT BY SECRETARY.—Not later than October
1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the assessment conducted
by the Secretary under subsection (a), including—
(A) a description of such assessment;
(B) the results of such assessment, including the analysis described in subsection (b)(2);
(C) a plan to reduce, when appropriate, the length
of time between the start of a Capabilities-Based Assessment and the date the Joint Requirements Oversight
Council approves the related Capability Development Document; and
(D) any additional recommendations for legislation,
regulations, or policies that the Secretary determines
appropriate.
(2) ASSESSMENT BY DIRECTOR.—
(A) REPORT TO SECRETARY.—Not later than November
30, 2021, the Director shall submit to the Secretary of
Defense a report on the assessment conducted by the
Director pursuant to subsection (a).
(B) REPORT TO CONGRESS.—Not later than January
1, 2022, the Secretary of Defense shall submit to the
congressional defense committees the report described in
subparagraph (A) together with such comments as the Secretary determines appropriate, including—
(i) a description and the results of the assessment
conducted pursuant to subsection (a)(2);
(ii) recommendations on how the Department of
Defense can improve the efficiency of developing and
approving capability requirements; and
(iii) any additional recommendations for legislation, regulations, or policies that the Secretary determines appropriate.

Analysis.
Plan.

Recommendations.

Recommendations.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE.

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(a) SUSTAINMENT ACTIVITIES IN THE NATIONAL DEFENSE
STRATEGY.—
(1) IN GENERAL.—Section 113(g)(1)(B) of title 10, United
States Code, as amended by section 551 of this Act, is further
amended by adding at the end the following new clauses:
‘‘(viii) A strategic framework prescribed by the Secretary
that guides how the Department will prioritize and integrate
activities relating to sustainment of major defense acquisition
programs, core logistics capabilities (as described under section
2464 of this title), commercial logistics capabilities, and the
national technology and industrial base (as defined in section
2500 of this title).
‘‘(ix) A strategic framework prescribed by the Secretary
that guides how the Department will specifically address contested logistics, including major investments for related infrastructure, logistics-related authorities, force posture, related

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134 STAT. 3749

emergent technology and advanced computing capabilities,
operational resilience, and operational energy, over the following five-year period to support such strategy.’’.
(2) DUTIES OF THE UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND SUSTAINMENT.—Section 133b(b) of title 10,
United States Code, is amended—
(A) in paragraph (7), by striking ‘‘and’’ at the end;
(B) in paragraph (8), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(9) advising the Secretary on all aspects of acquisition
and sustainment relating to—
‘‘(A) defense acquisition programs;
‘‘(B) core logistics capabilities (as described under section 2464 of this title); and
‘‘(C) the national technology and industrial base (as
defined in section 2500 of this title).’’.
(3) INTERIM GUIDANCE.—Not later than October 1, 2021,
the Secretary of Defense shall publish interim guidance to
carry out the requirements of this subsection.
(b) REPORT.—Not later than February 1, 2021, the Secretary
of Defense shall submit to the congressional defense committees
a report on the progress towards publishing the interim guidance
required under subsection (a)(3).

Deadline.
Publication.
10 USC 113 note.

SEC. 812. INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE
OF ACQUISITION FUNCTIONS.

Section 1706 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘and each major automated information system program’’
and inserting ‘‘(as defined in section 2430 of this title),
each acquisition program that is estimated by the Secretary
of Defense to require an eventual total expenditure greater
than the amount described in section 2430(a)(1)(B) of this
title, and any other acquisition program identified by the
Secretary’’; and
(B) by adding at the end the following new paragraph:
‘‘(14) Program lead software.’’; and
(2) by striking subsection (c).
SEC. 813. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT
OF ACQUISITION PROGRAMS AND RELATED INITIATIVES.

Section 2229b(b)(2) of title 10, United States Code, is amended
by striking ‘‘a summary of’’ and all that follows through ‘‘discussion
of the’’ and inserting ‘‘a discussion of selected organizational, policy,
and legislative changes, as determined appropriate by the Comptroller General, and the potential’’.

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SEC. 814. COST OR PRICING DATA REPORTING REQUIREMENTS FOR
DEPARTMENT OF DEFENSE CONTRACTS.

(a) COST OR PRICING DATA.—
(1) IN GENERAL.—Section 2306a(a)(1) of title 10, United
States Code, is amended—
(A) in subparagraph (B), by striking ‘‘contract if’’ and
all that follows through the period at the end and inserting
‘‘contract if the price adjustment is expected to exceed
$2,000,000.’’;

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PUBLIC LAW 116–283—JAN. 1, 2021
(B) in subparagraph (C), by striking ‘‘section and’’ and
all that follows through the period at the end and inserting
‘‘section and the price of the subcontract is expected to
exceed $2,000,000.’’; and
(C) in subparagraph (D), by striking ‘‘subcontract if’’
and all that follows through the period at the end and
inserting ‘‘subcontract if the price adjustment is expected
to exceed $2,000,000.’’.
(2) APPLICABILITY.—The amendments made by this subsection shall apply to any contract, or modification or change
to a contract, entered into on or after the date of the enactment
of this Act.
(b) REPORT.—
(1) IN GENERAL.—Not later than July 1, 2022, the Secretary
of Defense, in consultation with the Secretaries of the military
departments, shall provide to the congressional defense committees a report analyzing the impact, including any benefits to
the Federal Government, of the amendments made by this
section.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) Data to illustrate any efficiencies achieved, costs
avoided, and acquisition timelines improved.
(B) Analysis of associated costs to the Federal Government, if any.
(C) Analysis of underlying causes or factors that limited
the benefits described in subparagraph (A).
(D) Other matters the Secretary deems appropriate.
(3) FORM.—The report required under paragraph (1) shall
be in an unclassified form but may contain a classified annex.

Effective date.
10 USC 2306a
note.

Consultation.

Analyses.

Classified
information.

SEC. 815. PROMPT PAYMENT OF CONTRACTORS.

Section 2307(a)(2) of title 10, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘if a specific payment
date is not established by contract’’; and
(2) in subparagraph (B), by striking ‘‘if—’’ and all that
follows through ‘‘the prime contractor agrees’’ and inserting
‘‘if the prime contractor agrees or proposes’’.

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SEC. 816. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM
DETERMINATIONS.

Section 2380 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) DETERMINATIONS REGARDING THE COMMERCIAL NATURE OF
PRODUCTS OR SERVICES.—
‘‘(1) IN GENERAL.—In making a determination whether a
particular product or service offered by a contractor meets
the definition of a commercial product or commercial service,
a contracting officer of the Department of Defense may—
‘‘(A) request support from the Director of the Defense
Contract Management Agency, the Director of the Defense
Contract Audit Agency, or other appropriate experts in
the Department to make a determination whether a
product or service is a commercial product or commercial
service; and

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134 STAT. 3751

‘‘(B) consider the views of appropriate public and private sector entities.
‘‘(2) MEMORANDUM.—Within 30 days after a contract award,
the contracting officer shall, consistent with the policies and
regulations of the Department, submit a written memorandum
summarizing the determination referred to in paragraph (1),
including a detailed justification for such determination.’’.

Deadline.

SEC. 817. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO SOURCING REQUIREMENTS FOR CERTAIN ARTICLES.

Subsection (h) of section 2533a of title 10, United States Code,
is amended to read as follows:
‘‘(h) EXCEPTION FOR SMALL PURCHASES.—(1) Subsection (a) does
not apply to purchases for amounts not greater than $150,000.
A proposed procurement of an item in an amount greater than
$150,000 may not be divided into several purchases or contracts
for lesser amounts in order to qualify for this exception.
‘‘(2) On October 1 of each year that is evenly divisible by
five, the Secretary of Defense may adjust the dollar threshold
in this subsection based on changes in the Consumer Price Index.
Any such adjustment shall take effect on the date on which the
Secretary publishes notice of such adjustment in the Federal Register.’’.
SEC. 818. REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR
MILITARY CONSTRUCTION CONTRACTS.

(a) IN GENERAL.—Section 2870 of title 10, United States Code,
is repealed.
(b) CONFORMING AMENDMENTS.—
(1) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 169 of title 10, United
States Code, is amended by striking the item relating to section
2870.
(2) REPEAL.—Section 865 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1523) is repealed.

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SEC. 819. MODIFICATIONS TO MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS AND SUBCONTRACTORS.

10 USC 2851
prec.

10 USC 2870
note.

(a) ASSESSMENT OF FOCI.—Subparagraph (A) of section
847(b)(2) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92; 133 Stat. 1505; 10 U.S.C. 2509 note)
is amended by adding at the end the following new clause:
‘‘(v) A requirement for the Secretary to require reports
and conduct examinations on a periodic basis of covered
contractors or subcontractors in order to assess compliance
with the requirements of this section.’’.
(b) CONTRACT REQUIREMENTS, ADMINISTRATION, AND OVERSIGHT
RELATING TO FOCI.—Subparagraph (C) of such section is amended—
(1) by redesignating clause (iv) as clause (v); and
(2) by inserting after clause (iii) the following new clause:
‘‘(iv) Procedures for appropriately responding to
changes in covered contractor or subcontractor beneficial ownership status based on changes in disclosures
of their beneficial ownership and whether they are

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134 STAT. 3752

Deadlines.
10 USC 2509
note.

Regulations.

PUBLIC LAW 116–283—JAN. 1, 2021

under FOCI and the reports and examinations required
by subparagraph (A)(v).’’.
(c) TIMELINES AND MILESTONES FOR IMPLEMENTATION.—
(1) IMPLEMENTATION PLAN.—Not later than March 1, 2021,
the Secretary of Defense shall provide to the congressional
defense committees a plan and schedule for implementation
of the requirements of section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1505; 10 U.S.C. 2509 note), as amended by this
section, including—
(A) a timeline for issuance of regulations, development
of training for appropriate officials, and development of
systems for reporting of beneficial ownership and FOCI
by covered contractors or subcontractors;
(B) the designation of officials and organizations
responsible for such implementation; and
(C) interim milestones to be met in implementing the
plan and schedule.
(2) REVISION OF REGULATIONS, DIRECTIVES, GUIDANCE,
TRAINING, AND POLICIES.—Not later than July 1, 2021, the
Secretary of Defense shall revise relevant directives, guidance,
training, and policies, including revising the Department of
Defense Supplement to the Federal Acquisition Regulation, to
fully implement the requirements of such section 847.
(3) DEFINITIONS.—In this subsection, the term ‘‘beneficial
ownership’’, ‘‘FOCI’’, and ‘‘covered contractors or subcontractors’’
have the meanings given, respectively, in section 847 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1505; 10 U.S.C. 2509 note).
(d) TECHNICAL AMENDMENTS.—Section 847 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1505; 10 U.S.C. 2509 note), as amended by this
section, is further amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘contractors and subcontractors’’ and inserting ‘‘covered contractors or subcontractors’’; and
(B) in paragraph (2)—
(i) by striking ‘‘covered contractors and subcontractors’’ each place it appears and inserting ‘‘covered contractors or subcontractors’’;
(ii) in subparagraph (B)(iii), by striking ‘‘a contractor or subcontractor’’ and inserting ‘‘such a covered
contractor or subcontractor’’; and
(iii) in subparagraph (C)(ii), by striking ‘‘section
831(c)’’ and inserting ‘‘section 2509(c) of title 10, United
States Code’’; and
(2) in subsection (c), by striking ‘‘subsection (b)(2)(A) and
(b)(2)(C)’’ and inserting ‘‘subsections (b)(2)(A) and (b)(2)(C)’’.

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SEC. 820. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS.

Time periods.

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Section 836(b) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 2302 note) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) was entered into—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3753

‘‘(A) with respect to a contract or group of contracts
not described in subparagraph (B), at least 7 fiscal years
before the current fiscal year; and
‘‘(B) with respect to a contract or group of contracts
for military construction (as defined in section 2801 of
title 10, United States Code) or shipbuilding, at least 10
fiscal years before the current fiscal year;’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2) the performance or delivery has been completed at
least 4 years before the current fiscal year; and’’.
SEC. 821. REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION FACTOR FOR EMPLOYING OR SUBCONTRACTING
WITH MEMBERS OF THE SELECTED RESERVE.

Section 819 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 U.S.C. 2305
note) is amended—
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).

Subtitle C—Provisions Relating to
Software and Technology
SEC. 831. CONTRACT AUTHORITY FOR DEVELOPMENT AND DEMONSTRATION OF INITIAL OR ADDITIONAL PROTOTYPE
UNITS.

(a) IN GENERAL.—Section 2302e of title 10, United States Code,
is amended—
(1) in the heading, by striking ‘‘advanced development’’
and inserting ‘‘development and demonstration’’;
(2) in subsection (a)(1), by striking ‘‘provision of advanced
component development, prototype,’’ and inserting ‘‘development and demonstration’’; and
(3) by adding at the end the following new subsection:
‘‘(c) PROCEDURES.—The Secretary of Defense shall establish
procedures to collect and analyze information on the use and benefits of the authority under this section and related impacts on
performance, affordability, and capability delivery.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended
by striking the item relating to section 2302e and inserting the
following new item:

10 USC 2301
prec.

‘‘2302e. 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.

Section 873(f) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is
amended by striking ‘‘October 1, 2020’’ and inserting ‘‘October 1,
2022’’.

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SEC. 833. LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall maintain on the single
Government-wide point of entry described under section 1708 of

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10 USC 4002
note.
Deadline.

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title 41, United States Code, a list of the consortia used by the
Secretary to announce or otherwise make available opportunities
to enter into a transaction under the authority of section 2371
of title 10, United States Code, or a transaction for a prototype
project under section 2371b of such title.
10 USC 4571
note.

Proposal.

Contracts.

Notification.

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Data.
Costs.

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SEC. 834. PILOT PROGRAM ON THE USE OF CONSUMPTION-BASED
SOLUTIONS
TO
ADDRESS
SOFTWARE-INTENSIVE
WARFIGHTING CAPABILITY.

(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary of Defense is authorized to establish a pilot program
to explore the use of consumption-based solutions to address software-intensive warfighting capability.
(b) SELECTION OF INITIATIVES.—Each Secretary of a military
department and each commander of a combatant command with
acquisition authority shall propose for selection by the Secretary
of Defense for the pilot program at least one and not more than
three initiatives that are well-suited to explore consumption-based
solutions, to include addressing software-intensive warfighting
capability. The initiatives may be new or existing programs of
record, and may include applications that—
(1) rapidly analyze sensor data;
(2) secure warfighter networks, including multilevel security;
(3) swiftly transport information across various networks
and network modalities;
(4) enable joint all-domain operational concepts, including
in a contested environment; or
(5) advance military capabilities and effectiveness.
(c) REQUIREMENTS.—A contract or other agreement for
consumption-based solutions entered into under the pilot program
shall require—
(1) the effectiveness of the solution to be measurable at
regular intervals customary for the type of solution provided
under contract or other agreement; and
(2) that the awardee notify the Secretary of Defense when
consumption under the contract or other agreement reaches
75 percent and 90 percent of the funded amount, respectively,
of the contract or other agreement.
(d) EXEMPTION.—A modification to a contract or other agreement entered into under this section to add new features or capabilities in an amount less than or equal to 25 percent of the total
value of such contract or other agreement shall be exempt from
the requirements of full and open competition (as defined in section
2302 of title 10, United States Code).
(e) DURATION.—The duration of a contract or other agreement
entered into under this section may not exceed three years.
(f) MONITORING AND EVALUATION OF PILOT PROGRAM.—The
Director of Cost Assessment and Program Evaluation shall continuously monitor and evaluate the pilot program, including by collecting data on cost, schedule, and performance from the program
office, the user community, and the awardees involved in the program.
(g) REPORTS.—
(1) INITIAL REPORT.—Not later than May 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on initiatives selected for the pilot program,

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roles, and responsibilities for implementing the program, and
the monitoring and evaluation approach that will be used for
the program.
(2) PROGRESS REPORT.—Not later than October 15, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a report on the progress of the initiatives
selected for the pilot program.
(3) FINAL REPORT.—Not later than 3 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 cost, schedule, and performance outcomes of the initiatives
carried out under the pilot program. The report shall also
include lessons learned about the use of consumption-based
solutions for software-intensive capabilities and any recommendations for statutory or regulatory changes to facilitate
the use of such solutions.
(h) CONSUMPTION-BASED SOLUTION DEFINED.—In this section,
the term ‘‘consumption-based solution’’ means any combination of
software, hardware or equipment, and labor or services that provides a seamless capability that is metered and billed based on
actual usage and predetermined pricing per resource unit, and
includes the ability to rapidly scale capacity up or down.

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Costs.

Recommendations.

SEC. 835. BALANCING SECURITY AND INNOVATION IN SOFTWARE
DEVELOPMENT AND ACQUISITION.

10 USC 4571
note.

(a) REQUIREMENTS FOR SOLICITATIONS OF COMMERCIAL AND
DEVELOPMENTAL SOLUTIONS.—The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Chief
Information Officer of the Department of Defense, shall develop
requirements for appropriate software security criteria to be
included in solicitations for commercial and developmental solutions
and the evaluation of bids submitted in response to such solicitations, including a delineation of what processes were or will be
used for a secure software development life cycle. Such requirements
shall include—
(1) establishment and enforcement of secure coding practices;
(2) management of supply chain risks and third-party software sources and component risks;
(3) security of the software development environment;
(4) secure deployment, configuration, and installation processes; and
(5) an associated vulnerability management plan and
identification of tools that will be applied to achieve an appropriate level of security.
(b) SECURITY REVIEW OF CODE.—The Under Secretary of
Defense for Acquisition and Sustainment, in coordination with the
Chief Information Officer of the Department of Defense, shall
develop—
(1) procedures for the security review of code; and
(2) other procedures necessary to fully implement the pilot
program required under section 875 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91;
10 U.S.C. 2223 note).
(c) COORDINATION WITH CYBERSECURITY ACQUISITION POLICY
EFFORTS.—The Under Secretary of Defense for Acquisition and
Sustainment shall develop the requirements and procedures

Coordination.

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Coordination.
Procedures.

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described under subsections (a) and (b) in coordination with the
efforts of the Department of Defense to develop new cybersecurity
and program protection policies and guidance that are focused
on cybersecurity in the context of acquisition and program management and on safeguarding information.

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10 USC 3101
note.

SEC. 836. DIGITAL MODERNIZATION OF ANALYTICAL AND DECISIONSUPPORT PROCESSES FOR MANAGING AND OVERSEEING
DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS.

(a) DIGITAL DATA MANAGEMENT AND ANALYTICS CAPABILITIES.—
(1) IN GENERAL.—The Secretary of Defense shall iteratively
develop and integrate advanced digital data management and
analytics capabilities, consistent with private sector best practices, that—
(A) integrate all aspects of the defense acquisition
system, including the development of capability requirements, research, design, development, testing, evaluation,
acquisition, management, operations, and sustainment of
systems;
(B) facilitate the management and analysis of all relevant data generated during the development of capability
requirements, research, design, development, testing,
evaluation, acquisition, operations, and sustainment of systems;
(C) enable the use of such data to inform further
development, acquisition, management and oversight of
such systems, including portfolio management; and
(D) include software capabilities to collect, transport,
organize, manage, make available, and analyze relevant
data throughout the life cycle of defense acquisition programs, including any data needed to support individual
and portfolio management of acquisition programs.
(2) REQUIREMENTS.—The capabilities developed under paragraph (1) shall—
(A) be accessible to, and useable by, individuals
throughout the Department of Defense who have responsibilities relating to activities described in clauses (A)
through (C) of paragraph (1);
(B) enable the development, use, curation, and maintenance of original form and real-time digital systems by—
(i) ensuring shared access to data within the
Department;
(ii) supplying data to digital engineering models
for use in the defense acquisition, sustainment, and
portfolio management processes; and
(iii) supplying data to testing infrastructure and
software to support automated approaches for testing,
evaluation, and deployment throughout the defense
acquisition, sustainment, and portfolio management
processes; and
(C) feature—
(i) improved data management and sharing processes;
(ii) timely, high-quality, transparent, and actionable analyses; and
(iii) analytical models and simulations.

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(3) ENABLING DATA INFRASTRUCTURE, TOOLS, AND PROCESSES.—In developing the capability required under paragraph
(1), the Secretary of Defense shall—
(A) move supporting processes and the data associated
with such processes from analog to digital format, including
planning and reporting processes;
(B) make new and legacy data more accessible to,
and usable by, appropriate employees and contractors (at
any tier) of the Department of Defense and members of
the Armed Forces, including through migration of program
and other documentation into digital formats;
(C) modernize the query, collection, storage, retrieval,
reporting, and analysis capabilities for stakeholders within
the Department, including research entities, Program
Management Offices, analytic organizations, oversight
staff, and decision makers;
(D) automate data collection and storage to minimize
or eliminate manual data entry or manual reporting;
(E) enable employees and other appropriate users to
access data from all relevant data sources, including
through—
(i) streamlining data access privileges;
(ii) sharing of appropriate data between and among
Federal Government and contractor information systems; and
(iii) enabling timely and continuous data collection
and sharing from all appropriate personnel, including
contractors;
(F) modernize existing enterprise information systems
to enable interoperability consistent with technical best
practices; and
(G) provide capabilities and platforms to enable continuous development and integration of software using public
and private sector best practices.
(b) PORTFOLIO MANAGEMENT.—The Secretary of Defense shall
establish capabilities for robust, effective, and data-driven portfolio
management described in subsection (a)(1)(C), using the capability
established in this section, to improve the Department of Defensewide assessment, management, and optimization of the investments
in weapon systems of the Department, including through consolidation of duplicate or similar weapon system programs.
(c) DEMONSTRATION ACTIVITIES.—
(1) IN GENERAL.—The Secretary of Defense shall carry out
activities to demonstrate the capability required under subsection (a).
(2) ACTIVITY SELECTION.—Not later than July 15, 2021,
the Secretary of Defense shall select decision support processes
and individual acquisition programs to participate in the demonstration activities under paragraph (1), including—
(A) decision support processes, including—
(i) portfolio management as described in subsection
(b);
(ii) one or more acquisition data management test
cases; and
(iii) one or more development and test modeling
and simulation test cases to demonstrate the ability
to collect data from tests and operations in the field,

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Analysis.
Assessments.

Plan.

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Deadline.

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and feed the data back into models and simulations
for better software development and testing;
(B) individual acquisition programs representing—
(i) one or more defense business systems;
(ii) one or more command and control systems;
(iii) one or more middle tier of acquisition programs;
(iv) programs featuring a cost-plus contract type,
and a fixed-price contract type, and a transaction
authorized under section 2371 or 2371b of title 10,
United States Code; and
(v) at least one program in each military department.
(3) EXECUTION OF DEMONSTRATION ACTIVITIES.—As part of
the demonstration activities under paragraph (1), the Secretary
shall—
(A) conduct a comparative analysis that assesses the
risks and benefits of the digital management and analytics
capability used in each of the programs participating in
the demonstration activities relative to the traditional data
collection, reporting, exposing, and analysis approaches of
the Department;
(B) ensure that the intellectual property strategy for
each of the programs participating in the demonstration
activities is best aligned to meet the goals of the program;
and
(C) develop a workforce and infrastructure plan to
support any new policies and guidance implemented in
connection with the demonstration activities, including any
policies and guidance implemented after the completion
of such activities.
(d) POLICIES AND GUIDANCE REQUIRED.—Not later than March
15, 2022, based on the results of the demonstration activities carried
out under subsection (c), the Secretary of Defense shall issue or
modify policies and guidance to—
(1) promote the use of digital data management and analytics capabilities; and
(2) address roles, responsibilities, and procedures relating
to such capabilities.
(e) STEERING COMMITTEE.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a steering committee to assist the Secretary in carrying out
subsections (a) through (c).
(2) MEMBERSHIP.—The steering committee shall be composed of the following members or their designees:
(A) The Deputy Secretary of Defense.
(B) The Chief Information Officer.
(C) The Director of Cost Assessment and Program
Evaluation.
(D) The Under Secretary of Defense for Research and
Engineering.
(E) The Under Secretary of Defense for Acquisition
and Sustainment.
(F) The Director of Operational Test and Evaluation.
(G) The Service Acquisition Executives.
(H) The Director for Force Structure, Resources, and
Assessment of the Joint Staff.

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134 STAT. 3759

(I) The Director of the Defense Digital Service.
(J) Such other officials of the Department of Defense
as the Secretary determines appropriate.
(f) INDEPENDENT ASSESSMENTS.—
(1) INITIAL ASSESSMENT.—
(A) IN GENERAL.—The Defense Innovation Board, in
consultation with the Defense Digital Service, shall conduct
an independent assessment and cost-benefits analysis to
identify recommended approaches for the implementation
of subsections (a) through (c).
(B) ELEMENTS.—The assessment under subparagraph
(A) shall include the following:
(i) A plan for the development and implementation
of the capabilities required under subsection (a),
including a plan for any procurement that may be
required as part of such development and implementation.
(ii) An independent cost assessment of the total
estimated cost of developing and implementing the
capability, as well as an assessment of any potential
cost savings.
(iii) An independent estimate of the schedule for
the development approach, and order of priorities for
implementation of the capability, including a reasonable estimate of the dates on which the capability
can be expected to achieve initial operational capability
and full operational capability, respectively.
(iv) A recommendation identifying the office or
other organization of the Department of Defense that
would be most appropriate to manage and execute
the capability.
(C) REPORT.—Not later than July 15, 2021, the Defense
Innovation Board, in consultation with the Defense Digital
Service, shall submit to the Secretary of Defense and the
congressional defense committees a report on the findings
of the assessment under subparagraph (A), including the
findings of the assessment with respect to each element
specified in subparagraph (B).
(2) SECOND ASSESSMENT.—
(A) IN GENERAL.—Not later than March 15, 2023, the
Defense Innovation Board and the Defense Science Board
shall jointly complete an independent assessment of the
progress of the Secretary in implementing subsections (a)
through (c). The Secretary of Defense shall ensure that
the Defense Innovation Board and the Defense Science
Board have access to the resources, data, and information
necessary to complete the assessment.
(B) INFORMATION TO CONGRESS.—Not later than 30
days after the date on which the assessment under
subparagraph (A) is completed, the Defense Innovation
Board and the Defense Science Board shall jointly provide
to the congressional defense committees—
(i) a report summarizing the assessment; and
(ii) a briefing on the findings of the assessment.
(g) DEMONSTRATIONS AND BRIEFING.—
(1) DEMONSTRATION OF IMPLEMENTATION.—Not later than
October 20, 2021, the Secretary of Defense shall submit to

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Analysis.

Plans.

Costs.

Estimate.

Recommendations.

Consultation.

Deadlines.

Reports.
Briefing.
Deadline.

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134 STAT. 3760

PUBLIC LAW 116–283—JAN. 1, 2021
the congressional defense committees a demonstration and
briefing on the progress of the Secretary in implementing subsections (a) through (c). The briefing shall include an explanation of how the results of the demonstration activities carried
out under subsection (c) will be incorporated into the policy
and guidance required under subsection (d), particularly the
policy and guidance of the members of the steering committee
established under subsection (e).
(2) BRIEFING ON LEGISLATIVE RECOMMENDATIONS.—Not
later than February 1, 2022, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and of the House of Representatives a briefing that identifies
any changes to existing law that may be necessary to facilitate
the implementation of subsections (a) through (c).
(3) DEMONSTRATION OF PORTFOLIO MANAGEMENT.—In
conjunction with the budget of the President for fiscal year
2023 (as submitted to Congress under section 1105(a) of title
21, United States Code), the Deputy Secretary of Defense shall
schedule a demonstration of the portfolio management capability developed under subsection (b) with the congressional
defense committees.

Deadline.

10 USC 113 note.

SEC.

Coordination.
Procedures.

(a) IN GENERAL.—The Secretary of Defense shall, in coordination with relevant departments and agencies—
(1) identify policies and procedures protecting defense-sensitive United States intellectual property, technology, and other
data and information, including hardware and software, from
acquisition by the government of China; and
(2) to the extent that the Secretary determines that such
policies and procedures are insufficient to provide such protection, develop additional policies and procedures.
(b) MATTERS CONSIDERED.—In developing the policies and
procedures under subsection (a), the Secretary shall take the following actions:
(1) Establish and maintain a list of critical national security
technology that may require certain restrictions on current
or former employees, contractors, or subcontractors (at any
tier) of the Department of Defense that contribute to such
technology.
(2) Review the existing authorities under which employees
of the Department of Defense may be subject to post-employment restrictions with foreign governments and with organizations subject to foreign ownership, control, or influence.
(3) Identify additional measures that may be necessary
to enhance the authorities described in paragraph (2).
(c) POST-EMPLOYMENT MATTERS.—The Secretary shall consider
mechanisms to restrict current or former employees of contractors
or subcontractors (at any tier) of the Department of Defense that
contribute significantly and materially to a technology referred
to in subsection (b)(1) from working directly for companies wholly
owned by the government of China, or for companies that have
been determined by a cognizant Federal agency to be under the
ownership, control, or influence of the government of China.

List.

Review.

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China.
Determination.

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SAFEGUARDING DEFENSE-SENSITIVE UNITED STATES
INTELLECTUAL PROPERTY, TECHNOLOGY, AND OTHER
DATA AND INFORMATION.

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134 STAT. 3761

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SEC. 838. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF
SOFTWARE ACQUISITION REFORMS.

(a) REPORT REQUIRED.—Not later than March 15, 2021, the
Comptroller General of the United States shall brief the congressional defense committees on the implementation by the Secretary
of Defense of required acquisition reforms with respect to acquiring
software for weapon systems, business systems, and other activities
that are part of the defense acquisition system, with one or more
reports based on such briefing to be submitted to such committees,
as jointly determined by such committees and the Comptroller
General.
(b) ELEMENTS.—The briefing and any reports required under
subsection (a) shall include an assessment of the extent to which
the Secretary of Defense has—
(1) implemented the recommendations set forth in—
(A) the final report of the Defense Innovation Board
submitted to the congressional defense committees under
section 872 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1497);
(B) the final report of the Defense Science Board Task
Force on the Design and Acquisition of Software for Defense
Systems described in section 868 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 132 Stat. 1902; 10 U.S.C. 2223a
note); and
(C) other relevant studies on software research,
development, and acquisition activities of the Department
of Defense;
(2) carried out software acquisition activities, including
programs required under—
(A) section 2322a of title 10, United States Code; and
(B) section 875 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
1503; 10 U.S.C. 2223 note);
(3) used the authority provided under section 800 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1478; 10 U.S.C. 2223a); and
(4) carried out software acquisition pilot programs,
including pilot programs required under sections 873 and 874
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115–91; 10 U.S.C. 2223a note; 10 U.S.C. 2302
note).
(c) ASSESSMENT OF ACQUISITION POLICY, GUIDANCE, AND PRACTICES.—Each report required under subsection (a) shall include
an assessment of the extent to which the software acquisition
policy, guidance, and practices of the Department of Defense reflect
implementation of—
(1) relevant recommendations from software studies and
pilot programs; and
(2) directives from the congressional defense committees.
(d) DEFENSE ACQUISITION SYSTEM DEFINED.—In this section,
the term ‘‘defense acquisition system’’ has the meaning given that
term in section 2545(2) of title 10, United States Code.

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Deadline.
Briefing.

Assessments.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 839. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY ACQUISITION AND LICENSING.

(a) IN GENERAL.—Not later than October 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report evaluating the implementation
of Department of Defense Instruction 5010.44 relating to Intellectual Property Acquisition and Licensing (or successor instruction).
(b) ELEMENTS.—The report required under subsection (a) shall
assess the following:
(1) The extent to which the Department of Defense is
fulfilling the core principles established in such Instruction.
(2) The extent to which the Defense Acquisition University
(established under section 1746 of title 10, United States Code)
and elements of the Department of Defense (specified in paragraphs (1) through (10) of section 111(b) of such title) are
carrying out the requirements of such Instruction.
(3) The progress of the Secretary of Defense in establishing
a cadre of intellectual property experts (as required under
section 2322(b) of such title), including the extent to which
members of such cadre are executing their roles and responsibilities.
(4) The performance of the Secretary of Defense in
assessing and demonstrating the implementation of such
Instruction, including the effectiveness of the cadre described
in paragraph (3).
(5) The effectiveness of the cadre described in paragraph
(3) in providing resources on the acquisition and licensing of
intellectual property.
(6) The effect implementation of such Instruction has had
on particular acquisitions.
(7) The extent to which feedback from appropriate stakeholders was incorporated, including large and small businesses,
traditional and nontraditional defense contractors (as defined
in section 2302(9) of title 10, United States Code), and maintenance and repair organizations.
(8) Any other matters the Comptroller General determines
appropriate.

Evaluation.

Assessments.

Subtitle D—Industrial Base Matters
SEC. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS.

(a) IN GENERAL.—Chapter 148 of title 10, United States Code,
is amended by inserting after section 2533c the following section:
10 USC 2533d.

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Effective date.

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‘‘§ 2533d. Additional requirements pertaining to printed circuit boards
‘‘(a) IN GENERAL.—
‘‘(1) Beginning on January 1, 2023, the Secretary of Defense
may not acquire a covered printed circuit board from a covered
nation.
‘‘(2) Paragraph (1) shall not apply with respect to any
acquisition of supplies or services below the micro-purchase
threshold under section 2338 of this title.
‘‘(b) WAIVER.—

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134 STAT. 3763

‘‘(1) The Secretary may waive the prohibition under subsection (a) if the Secretary determines in writing that—
‘‘(A) there are no significant national security concerns
regarding counterfeiting, quality, or unauthorized access
created by such waiver;
‘‘(B) the waiver is required to support national security;
and
‘‘(C) a covered printed circuit board of satisfactory
quality and sufficient quantity, in the required form, cannot
be procured as and when needed from nations other than
a covered nation at reasonable cost, excluding comparisons
with non-market economies.
‘‘(2) Not later than 10 days after the Secretary provides
a waiver under paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives
a written notice setting forth the reasoning for the waiver,
together with a copy of the waiver itself.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) COVERED NATION.—The term ‘covered nation’ means—
‘‘(A) the Democratic People’s Republic of North Korea;
‘‘(B) the People’s Republic of China;
‘‘(C) the Russian Federation; and
‘‘(D) the Islamic Republic of Iran.
‘‘(2) COVERED PRINTED CIRCUIT BOARD.—The term ‘covered
printed circuit board’ means any partially manufactured or
complete bare printed circuit board or fully or partially assembled printed circuit board that—
‘‘(A) performs a mission critical function in any product
or service that is not a commercial product or commercial
service (as such terms are defined under sections 103 and
103a of title 41, respectively); or
‘‘(B) the Secretary designates as a covered printed circuit board, after reasonable notice, based on a determination that the designation is required to support national
security.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Defense.
‘‘(d) RULEMAKING.—Not later than May 1, 2022, the Secretary
shall promulgate regulations, after an opportunity for notice and
comment, implementing this section.
‘‘(e) APPLICABILITY.—This section shall apply only with respect
to contracts entered into after the issuance of a final rule implementing this section.
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to prohibit the Department of Defense from entering
into a contract with an entity that connects to the facilities of
a third party, for the purposes of backhaul, roaming, or interconnection arrangements, on the basis of the noncompliance by the third
party with the provisions of this section or use of equipment or
services that do not route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise handles.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subchapter
V of chapter 148 of title 10, United States Code, is amended
by inserting after the item relating to section 2533c the following:

Determination.

Deadline.
Notice.
Records.

Deadline.
Notice.
Public comment.
Contracts.

10 USC 2531
prec.

‘‘2533d. Additional requirements pertaining to printed circuit boards.’’.

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134 STAT. 3764
Applicability.
10 USC 2533d
note.

Deadlines.
Contracts.

Analysis.
Recommendations.
Reports.

Records.
Summary.
Recommendations.

Classified
information.

PUBLIC LAW 116–283—JAN. 1, 2021

(c) TRUSTED SUPPLY.—The Secretary of Defense shall apply
the requirements of section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2302
note) to the acquisition of covered printed circuit boards (as such
term is defined under section 2533d(c) of title 10, United States
Code, as added by this section).
(d) INDEPENDENT ASSESSMENT.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research
and development center under which the center will conduct
an assessment of the benefits and risks of expanding the
prohibition in section 2533d(a) and the definitions in section
2533d(c) of title 10, United States Code, each as added by
this section, to include printed circuit boards in commercial
products or services, or in commercially available off-the-shelf
products or services. The assessment shall also include analysis
and recommendations regarding the scope of mission critical
functions, as such term is used in such section.
(2) SUBMISSION TO DEPARTMENT OF DEFENSE.—Not later
than one year after entering into the contract described in
paragraph (1), the federally funded research and development
center that conducts the assessment described in such paragraph shall submit to the Secretary of Defense a report on
the results of the assessment.
(3) SUBMISSION TO CONGRESS.—Not later than 90 days after
the date on which the Secretary of Defense receives the report
described in paragraph (2), the Secretary shall submit to the
congressional defense committees an unaltered copy of the
report, together with any comments the Secretary may have
with respect to the report, as well as a summary of the recommendations of the report. The comments of the Secretary,
if any, and the summary of recommendations shall be in an
unclassified form, but the submission may include a classified
annex.
SEC. 842. REPORT ON NONAVAILABILITY DETERMINATIONS AND QUARTERLY NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
BRIEFINGS.

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Time period.
Waiver.

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(a) IN GENERAL.—Section 2504 of title 10, United States Code,
is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(a) ANNUAL REPORT.—The Secretary’’;
(2) in subsection (a), as designated by paragraph (1), by
adding at the end the following new paragraph:
‘‘(5) A detailed description of any use by the Secretary of
Defense or a Secretary concerned, as applicable, during the prior
12 months of a waiver or exception to the sourcing requirements
or prohibitions established by chapter 83 of title 41 or subchapter
V of chapter 148 of this title, including—
‘‘(A) the type of waiver or exception used; and
‘‘(B) the reasoning for the use of each such waiver or
exception.’’; and
(3) by adding at the end the following new subsection:
‘‘(b) QUARTERLY BRIEFINGS.—(1) The Secretary of Defense shall
ensure that the congressional defense committees receive quarterly
briefings on the industrial base supporting the Department of

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3765

Defense, describing challenges, gaps, and vulnerabilities in the
defense industrial base and commercial sector relevant to execution
of defense missions, and describing initiatives to address such challenges.
‘‘(2) Each briefing under paragraph (1) shall include an update
on the progress of addressing such gaps or vulnerabilities by the
Secretary, the Secretary of the military department concerned, or
the appropriate head of a Defense Agency, including an update
on—
‘‘(A) actions taken to address such gaps or vulnerabilities;
‘‘(B) policy changes necessary to address such gaps or
vulnerabilities; and
‘‘(C) the proposed timeline for action and resources required
to address such gaps or vulnerabilities.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading of section 2504
of title 10, United States Code, is amended to read as follows:
‘‘§ 2504. National technology and industrial base: annual
report and quarterly briefings’’.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 148 of such title is amended by striking
the item relating to section 2504 and inserting the following
new item:

Updates.

10 USC 2501
prec.

‘‘2504. National technology and industrial base: annual report and quarterly briefings.’’.

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SEC.

843.

MODIFICATION OF FRAMEWORK FOR MODERNIZING
ACQUISITION PROCESSES TO ENSURE INTEGRITY OF
INDUSTRIAL BASE AND INCLUSION OF OPTICAL TRANSMISSION COMPONENTS.

(a) IN GENERAL.— Section 2509 of title 10, United States Code,
is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by inserting
‘‘such as those identified through the supply chain
risk management process of the Department and by
the Federal Acquisition Security Council, and’’ after
‘‘supply chain risks,’’; and
(ii) in clause (ii), by striking ‘‘(other than optical
transmission components)’’;
(B) in subparagraph (C)—
(i) in clause (x), by striking ‘‘; and’’ and inserting
a semicolon;
(ii) by redesignating clause (xi) as clause (xii); and
(iii) by inserting after clause (x) the following new
clause:
‘‘(xi) processes and procedures related to supply chain
risk management and processes and procedures implemented pursuant to section 2339a of this title; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) Characterization and assessment of industrial base
support policies, programs, and procedures, including—

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134 STAT. 3766

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(i) limitations and acquisition guidance relevant to
the national technology and industrial base (as defined
in section 2500(1) of this title);
‘‘(ii) limitations and acquisition guidance relevant to
section 2533a of this title;
‘‘(iii) the Industrial Base Analysis and Sustainment
program of the Department, including direct support and
common design activities;
‘‘(iv) the Small Business Innovation Research Program
(as defined in section 9(e) of the Small Business Act (15
U.S.C. 638(e));
‘‘(v) the Manufacturing Technology Program established under section 2521 of this title;
‘‘(vi) programs relating to the Defense Production Act
of 1950 (50 U.S.C. 4511 et seq.); and
‘‘(vii) programs operating in each military department.’’; and
(2) in subsection (f)(2), by inserting ‘‘, and supporting policies, procedures, and guidance relating to such actions’’ after
‘‘subsection (b)’’.
(b) CONFORMING AMENDMENT.—Section 806 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C.
2304 note) is repealed.

Repeal.

SEC. 844. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN
METAL PRODUCTS.

10 USC 2533c
note.

(a) IN GENERAL.—Section 2533c of title 10, United States Code,
is amended—
(1) in subsection (a)(1), by striking ‘‘material melted’’ and
inserting ‘‘material mined, refined, separated, melted,’’; and
(2) in subsection (c)(3)(A)(i), by striking ‘‘tungsten’’ and
inserting ‘‘covered material’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date that is 5 years after the date
of the enactment of this Act.

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SEC. 845. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF
GOODS OTHER THAN UNITED STATES GOODS.

(a) IN GENERAL.—Section 2534 of title 10, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking paragraphs (2) through (5) and redesignating paragraph (6) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) COMPONENTS FOR NAVAL VESSELS.—The following
components of vessels, to the extent they are unique to marine
applications:
‘‘(A) Gyrocompasses.
‘‘(B) Electronic navigation chart systems.
‘‘(C) Steering controls.
‘‘(D) Propulsion and machinery control systems.
‘‘(E) Totally enclosed lifeboats.’’;
(C) in paragraph (3), as so redesignated, by striking
‘‘subsection (k)’’ and inserting ‘‘subsection (j)’’; and
(D) by adding at the end the following new paragraph:
‘‘(4) COMPONENTS FOR T–AO 205 CLASS VESSELS.—The following components of T–AO 205 class vessels:

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134 STAT. 3767

‘‘(A) Auxiliary equipment, including pumps, for all shipboard services.
‘‘(B) Propulsion system components, including engines,
reduction gears, and propellers.
‘‘(C) Shipboard cranes.
‘‘(D) Spreaders for shipboard cranes.’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) MANUFACTURER IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and
industrial base.’’;
(3) in subsection (c)—
(A) by striking ‘‘ITEMS.—’’ and all that follows through
‘‘Subsection (a) does not apply’’ and inserting ‘‘ITEMS.—
Subsection (a) does not apply’’; and
(B) by striking paragraphs (2) though (5);
(4) in subsection (g)—
(A) by striking ‘‘(1) This section’’ and inserting ‘‘This
section’’; and
(B) by striking paragraph (2);
(5) in subsection (h), by striking ‘‘subsection (a)(3)(B)’’ and
inserting ‘‘subsection (a)(2)’’;
(6) in subsection (i)(3), by striking ‘‘Under Secretary of
Defense for Acquisition, Technology, and Logistics’’ and
inserting ‘‘Under Secretary of Defense for Acquisition and
Sustainment’’;
(7) by striking subsection (j);
(8) by redesignating the first subsection designated subsection (k) (relating to ‘‘Limitation on Certain Procurements
Application Process’’) as subsection (j); and
(9) in subsection (k) (relating to ‘‘Implementation of Auxiliary Ship Component Limitation’’), by striking ‘‘Subsection
(a)(6)’’ and inserting ‘‘Subsection (a)(3)’’.
(b) REVIEW OF SELECT COMPONENTS.—The Secretary of the
Defense shall expedite the review period under paragraph (3)(B)
of section 2534(j) of title 10, United States Code, as redesignated
by subsection (a), to not more than 60 days for applications submitted pursuant to such section 2534(j) for the following components
for auxiliary ships:
(1) Auxiliary equipment, including pumps, for all shipboard
services.
(2) Propulsion system components, including engines,
reduction gears, and propellers.
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.

Time period.
10 USC 2534
note.

SEC. 846. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO
THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

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(a) ASSESSMENT OF RESEARCH AND DEVELOPMENT, MANUFACTURING, AND PRODUCTION CAPABILITIES.—
(1) IN GENERAL.—In developing the strategy required by

10 USC 4811
note.
Consultation.

section 2501 of title 10, United States Code, carrying out the
program for analysis of the national technology and industrial
base required by section 2503 of such title, and performing
the assessments required under section 2505 of such title,
the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the

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134 STAT. 3768

10 USC 2430
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

Under Secretary of Research and Engineering, shall assess
the research and development, manufacturing, and production
capabilities of the national technology and industrial base (as
defined in section 2500 of such title) and other allies and
partner countries.
(2) IDENTIFICATION OF SPECIFIC TECHNOLOGIES, COMPANIES,
LABORATORIES, AND FACTORIES.—The map of the industrial base
described in section 2504 of title 10, United States Code, shall
highlight specific technologies, companies, laboratories, and factories of, or located in, the national technology and industrial
base of potential value to current and future Department of
Defense plans and programs.
(b) POLICY AND GUIDANCE.—
(1) IN GENERAL.—Section 2440 of title 10, United States
Code is amended—
(A) by amending the section heading to read as follows:
‘‘National technology and industrial base plans,
policy, and guidance’’;
(B) striking ‘‘The Secretary’’ and inserting the following:
‘‘(a) IN GENERAL.—The Secretary’’; and
(C) by adding at the end the following new subsection:
‘‘(b) ACQUISITION POLICY AND GUIDANCE.—The Secretary of
Defense shall develop and promulgate acquisition policy and guidance to the service acquisition executives, the heads of the appropriate Defense Agencies and Department of Defense Field Activities,
and relevant program managers. Such policy and guidance shall
be germane to the use of the research and development, manufacturing, and production capabilities identified pursuant to chapter
148 of this title and the technologies, companies, laboratories, and
factories in specific Department of Defense research and development, international cooperative research, procurement, and
sustainment activities.’’.
(2) CLERICAL AMENDMENTS.—The table of sections at the
beginning of chapter 144 of title 10, United States Code, is
amended by striking the item relating to section 2440 and
inserting the following new item:
‘‘2440. National technology and industrial base plans, policy, and guidance.’’.

(c) RESPONSIBILITIES OF THE NATIONAL DEFENSE TECHNOLOGY
AND INDUSTRIAL BASE COUNCIL.—Section 2502(c) of title 10, United

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10 USC 4811
note.
Consultation.
Processes.

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States Code, is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) collaboration with government officials of member
countries of the national technology and industrial base in
order to strengthen the national technology and industrial
base.’’.
(d) RECOMMENDATIONS FOR ADDITIONAL MEMBERS OF THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the heads of any relevant Federal agencies, shall establish
a process to consider the inclusion of additional member countries in the national technology and industrial base.
(2) ELEMENTS.—The process developed under paragraph
(1) shall include an analysis of—

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(A) the national security and foreign policy impacts,
costs, and benefits to the United States and allied countries
of the inclusion of any such additional member countries
in the national technology and industrial base;
(B) the economic impacts, costs, and benefits to entities
within the United States and allied countries of the inclusion of any such additional member countries into the
national technology and industrial base, including an
assessment of—
(i) specific shortfalls in the technological and industrial capacities of current member countries of the
national technology and industrial base that would
be addressed by inclusion of such additional member
countries;
(ii) specific areas in the industrial bases of current
member countries of the national technology and industrial base that would likely be impacted by additional
competition if such additional member countries were
included in the national technology and industrial base;
and
(iii) costs to reconstitute capability should such
capability be lost to competition; and
(C) other factors as determined relevant by the Secretary.
(3) CONCURRENCE.—For the purposes of the process developed under paragraph (1), the Secretary of Defense may recommend the inclusion of an additional member country in
the national technology and industrial base only with the
concurrence of the Secretary of State.

Assessments.

SEC. 847. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS
RELATING
TO
ELIMINATING
THE
GAPS
AND
VULNERABILITIES IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.

(a) IN GENERAL.—Beginning January 1, 2021, if the Secretary
of Defense has not submitted to the congressional defense committees the national security strategy for the national technology and
industrial base required by section 2501(a) of title 10, United States
Code, not more than 75 percent of the funds specified in subsection
(b) may be obligated or expended until the date on which the
Secretary submits such strategy to such committees.
(b) FUNDS SPECIFIED.—The funds specified in this subsection
are the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2021 for the Department of Defense
for the following:
(1) The immediate office of the Secretary of Defense.
(2) The Office of the Under Secretary of Defense for Acquisition and Sustainment.

Effective date.

SEC. 848. SUPPLY OF STRATEGIC AND CRITICAL MATERIALS FOR THE
DEPARTMENT OF DEFENSE.

10 USC 4811
note.

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(a) PREFERENCE FOR
NOLOGY AND INDUSTRIAL

SOURCING FROM THE NATIONAL TECHBASE.—The Secretary of Defense shall,
to the maximum extent practicable, acquire strategic and critical
materials required to meet the defense, industrial, and essential
civilian needs of the United States in the following order of preference:
(1) From sources located within the United States.

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134 STAT. 3770

(2) From sources located within the national technology
and industrial base (as defined in section 2500 of title 10,
United States Code).
(3) From other sources as appropriate.
(b) STATEMENT OF POLICY.—
(1) IN GENERAL.—The Secretary of Defense shall pursue
the following goals:
(A) Not later than January 1, 2035, ensuring access
to secure sources of supply for strategic and critical materials that will—
(i) fully meet the demands of the domestic defense
industrial base;
(ii) eliminate the dependence of the United States
on potentially vulnerable sources of supply for strategic
and critical materials; and
(iii) ensure that the Department of Defense is not
reliant upon potentially vulnerable sources of supply
for the processing or manufacturing of any strategic
and critical materials deemed essential to national
security by the Secretary of Defense.
(B) Provide incentives for the defense industrial base
to develop robust processing and manufacturing capabilities
in the United States to refine strategic and critical materials for Department of Defense purposes.
(C) Maintain secure sources of supply for strategic
and critical materials required to maintain current military
requirements in the event that international supply chains
are disrupted.
(2) METHODS.—The Secretary of Defense shall achieve the
goals described in paragraph (1) through—
(A) the development of guidance in consultation with
appropriate officials of the Department of State, the Joint
Staff, and the Secretaries of the military departments;
(B) the continued and expanded use of existing programs, such as the National Defense Stockpile;
(C) the continued use of authorities under title III
of the Defense Production Act of 1950 (50 U.S.C. 4531
et seq.); and
(D) other methods, as the Secretary of Defense deems
appropriate.

Deadline.

Consultation.

10 USC 4811
note.

SEC. 849. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS
SOURCING AND INDUSTRIAL CAPACITY.

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Review.
Determination.

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(a) ANALYSIS REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense, acting through
the Undersecretary of Defense for Acquisition and Sustainment
and other appropriate officials, shall review the items under
subsection (c) to determine and develop appropriate actions,
consistent with the policies, programs, and activities required
under chapter 148 of title 10, United States Code, chapter
83 of title 41, United States Code, and the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.), including—
(A) restricting procurement, with appropriate waivers
for cost, emergency requirements, and non-availability of
suppliers, including restricting procurement to—
(i) suppliers in the United States;

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134 STAT. 3771

(ii) suppliers in the national technology and industrial base (as defined in section 2500 of title 10, United
States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and
development or procurement activities and acquisition
authorities to—
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing
military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A),(B), and (C); or
(E) taking no action.
(2) CONSIDERATIONS.—The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and potential
suppliers of goods and services.
(b) REPORTING ON ANALYSES, RECOMMENDATIONS, AND
ACTIONS.—
(1) INTERIM BRIEF.—Not later than January 15, 2022, the
Secretary of Defense shall submit to the congressional defense
committees—
(A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses; and
(C) descriptions of specific activities undertaken as a
result of the analyses, including schedule and resources
allocated for any planned actions.
(2) REPORTING.—The Secretary of Defense shall include
the analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from
such analyses, as appropriate, in each of the following submitted during the 2022 calendar year:
(A) The annual report to Congress required under section 2504 of title 10, United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under
section 2504a of such title.
(C) Department of Defense technology and industrial
base policy guidance prescribed under section 2506 of such
title.
(D) Activities to modernize acquisition processes to
ensure integrity of industrial base pursuant to section 2509
of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 2531
of such title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and
submit to the Committees on Armed Services of the Senate

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Deadline.

Summary.

Memorandum.

Proposals.
Legislative
proposals.

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134 STAT. 3772

Briefings.

PUBLIC LAW 116–283—JAN. 1, 2021

and House of Representatives not less frequently than once
per fiscal year.
(H) Quarterly briefings on the national technology and
industrial base required under section 2504 of such title,
as amended by section 842 of this Act.
(I) Other actions as the Secretary of Defense determines appropriate.
(c) LIST OF HIGH PRIORITY GOODS AND SERVICES FOR ANALYSES,
RECOMMENDATIONS, AND ACTIONS.—The items described in this subsection are the following:
(1) Goods and services covered under existing restrictions,
where a waiver, exception, or domestic non-availability determination has been applied.
(2) Printed circuit boards and other electronics components,
consistent with the requirements of other provisions of this
Act.
(3) Pharmaceuticals, including active pharmaceutical
ingredients.
(4) Medical devices.
(5) Therapeutics.
(6) Vaccines.
(7) Diagnostic medical equipment and consumables,
including reagents and swabs.
(8) Ventilators and related products.
(9) Personal protective equipment.
(10) Strategic and critical materials, including rare earth
materials.
(11) Natural or synthetic graphite.
(12) Coal-based rayon carbon fibers.
(13) Aluminum and aluminum alloys.
SEC. 850. IMPLEMENTATION OF RECOMMENDATIONS FOR ASSESSING
AND STRENGTHENING THE MANUFACTURING AND
DEFENSE INDUSTRIAL BASE AND SUPPLY CHAIN RESILIENCY.

Deadline.

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Legislative
proposals.

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(a) SUBMISSION OF RECOMMENDATIONS TO SECRETARY OF
DEFENSE.—In order to fully implement the recommendations of
the report of the Interagency Task Force (established by the Department of Defense pursuant to section 2 of Executive Order 13806
(82 Fed. Reg. 34597; July 21, 2017)) titled ‘‘Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply
Chain Resiliency of the United States: Report to President Donald
J. Trump by the Interagency Task Force in Fulfillment of Executive
Order 13806’’ (September 2018), not later than 540 days after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the Secretary of Defense additional recommendations regarding United
States industrial policies. The additional recommendations shall
consist of specific executive actions, programmatic changes, regulatory changes, and legislative proposals and changes, as appropriate.
(b) SCOPE OF ASSESSMENT.—In developing the additional recommendations required under subsection (a), the Under Secretary
shall—
(1) assess the macro forces and risk archetypes identified
in the report of the Interagency Task Force described in subsection (a);

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PUBLIC LAW 116–283—JAN. 1, 2021

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(2) evaluate the success of responsive actions undertaken;

Evaluation.

and
(3) identify any such recommendations that may require
new legislative authorities.
(c) OBJECTIVES.—The additional recommendations made pursuant to subsection (a) shall—
(1) aim to expand the defense industrial base to leverage
contributions and capabilities of allies and partner countries;
(2) identify and preserve the viability of domestic and
trusted international suppliers; and
(3) strengthen the domestic industrial base, especially in
areas subject to the risk archetypes identified in the report
of the Interagency Task Force described in subsection (a).
(d) CONSULTATION.—In developing the additional recommendations required under subsection (a), the Under Secretary may
engage through appropriate mechanisms with—
(1) the Defense Science Board;
(2) the Defense Innovation Board;
(3) the Defense Business Board;
(4) entities representing industry interests; and
(5) entities representing labor interests.
(e) SUBMISSION OF RECOMMENDATIONS TO PRESIDENT.—Not
later than 30 days after receiving the additional recommendations
required under subsection (a), the Secretary of Defense shall submit
such recommendations, together with any supplementary views or
recommendations, to the President, the Director of the Office of
Management and Budget, the Assistant to the President for
National Security Affairs, and the Director of the National Economic
Council.
(f) SUBMISSION OF RECOMMENDATIONS TO CONGRESS.—Not later
than 30 days after submitting the recommendations under subsection (e), the Secretary of Defense shall submit to and brief
the congressional defense committees on such recommendations.

Recommendations.

Deadline.

Deadline.

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SEC. 851. REPORT ON STRATEGIC AND CRITICAL MATERIALS.

(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives an appendix to the annual report required in
section 2504 of title 10, United States Code, due on March 1,
2021, describing strategic and critical materials, including the gaps
and vulnerabilities in supply chains of such materials.
(b) ELEMENTS.—The Secretary of Defense shall include in the
appendix required in subsection (a) the following:
(1) An identification of the strategic and critical materials
that are currently used by the Department of Defense.
(2) To the extent practicable, an identification of the overall
annual tonnage of each strategic or critical material identified
pursuant to paragraph (1) that was used by the Department
during the 10-year period ending on December 31, 2020.
(3) An identification of domestic and international sources
for the strategic and critical materials identified pursuant to
paragraph (1).
(4) An identification of risks relating to access to the strategic and critical materials identified pursuant to paragraph
(1) from supply chain disruptions due to geopolitical, economic,
and other vulnerabilities.

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Appendix.

Time period.

PUBL283

134 STAT. 3774
Evaluation.

Evaluation.

Recommendations.

Evaluation.

Consultation.

Assessment.
Recommendations.

Classified
information.

PUBLIC LAW 116–283—JAN. 1, 2021

(5) An evaluation of the benefits of a robust domestic
supply chain for providing strategic and critical materials, as
needed, to manufacturers in the defense industrial base.
(6) An evaluation of the effects of the use of waivers by
the Strategic Materials Protection Board established under section 187 of title 10, United States Code, on the domestic supply
of strategic and critical materials.
(7) Recommendations for policies and procedures to ensure
a capability within the Department of Defense to secure strategic and critical materials necessary for emerging technologies,
as well as antimicrobial products, minerals, and metals for
use in medical equipment and other technologies.
(8) An identification of improvements required to the
National Defense Stockpile in order to ensure the Secretary
of Defense has access to the strategic and critical materials
identified pursuant to paragraph (1).
(9) An evaluation of the domestic processing and manufacturing capacity needed to supply the strategic and critical materials identified pursuant to paragraph (1) to the Secretary
of Defense in an economic and secure manner.
(10) In consultation with the Director of the United States
Geological Survey, an identification of domestic locations with
existing commercial manufacturing interest that are already
verified to contain large supplies of the strategic and critical
materials identified pursuant to paragraph (1).
(11) An assessment of the feasibility of partnerships with
institutions of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) that receive
grants for the purpose of enhancing the security and stability
of the supply chain for strategic and critical materials for
the National Defense Stockpile, including an identification of
barriers to such partnerships and recommendations for
improving such partnerships.
(12) Any other matter relating to strategic and critical
materials that the Secretary considers appropriate.
(c) FORM.—The appendix required in subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) STRATEGIC AND CRITICAL MATERIALS DEFINED.—In this section, the term ‘‘strategic and critical materials’’ means materials,
including rare earth elements, that are necessary to meet national
defense and national security requirements, including requirements
relating to supply chain resiliency, and for the economic security
of the United States.
SEC. 852. REPORT ON ALUMINUM REFINING, PROCESSING, AND MANUFACTURING.

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Appendix.

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(a) IN GENERAL.—In preparing the annual report required
under section 2504 of title 10, United States Code, due on March
1, 2022, the Secretary of Defense shall include as an appendix
to such report information on—
(1) how authorities under the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.) could be used to provide incentives
to increase activities relating to refining aluminum and the
development of processing and manufacturing capabilities for
aluminum; and

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(2) whether a new initiative would further the development
of such processing and manufacturing capabilities for aluminum.
(b) SUBMISSION.—Not later than March 1, 2022, the Secretary
of Defense shall submit to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate the appendix described
in subsection (a).

Deadline.

Subtitle E—Small Business Matters

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SEC. 861. INITIATIVES TO SUPPORT SMALL BUSINESSES IN THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

(a) IN GENERAL.—The Secretary of Defense, acting through
the Assistant Secretary of Defense for Industrial Base Policy (established under section 903 of this Act) and other appropriate officials,
in carrying out the activities described under subchapter II of
chapter 148 of title 10, United States Code, shall establish initiatives to increase the effectiveness of the Department of Defense
in specifically leveraging small businesses to eliminate gaps and
vulnerabilities in the national technology and industrial base (as
defined in section 2500 of title 10, United States Code) and expand
the number of small businesses in the national technology and
industrial base.
(b) INITIATIVES.—
(1) UPDATES FOR SMALL BUSINESS STRATEGY.—Not later
than October 1, 2022, and biennially thereafter, shall update
the small business strategy required under section 2283 of
title 10, United States Code, and provide such updated strategy
to the congressional defense committees.
(2) IMPLEMENTATION PLAN.—
(A) IN GENERAL.—Not later than March 1, 2023, and
biennially thereafter, the Secretary of Defense shall develop
an implementation plan consistent with the most recent
small business strategy developed under such section 2283,
and provide such plan to the congressional defense committees.
(B) ELEMENTS.—The implementation plan described in
subparagraph (A) shall include an identification of the following:
(i) Organizations responsible for implementation
activities.
(ii) Metrics to evaluate progress of implementation
activities.
(iii) Resources to support implementation activities.
(iv) Outcomes achieved as a result of executing
the previous small business strategy developed under
such section 2283.
(3) MECHANISMS TO ASSESS AND SUPPORT SMALL BUSINESSES
IN NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—The Secretary of Defense shall—
(A) establish policies, procedures, and information
repositories to identify small businesses in the defense
supply chain, including—

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10 USC 4901
note.

Deadline.
Time period.

Deadline.
Time period.

Procedures.

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134 STAT. 3776

(i) small businesses participating in an acquisition
program of a military department or Defense Agency
(as defined in section 101(11) of title 10, United States
Code);
(ii) small businesses contracting with the Defense
Logistics Agency; and
(iii) other small businesses in the national technology and industrial base;
(B) establish policies and procedures to assess the
financial status of critical small businesses; and
(C) enter into an agreement with the acquisition
research organization within a civilian college or university
that is described under section 2361a(a) of title 10, United
States Code (commonly referred to as the ‘‘Acquisition
Innovation Research Center’’), to analyze mechanisms that
could be established to allow the Secretary of Defense
to provide direct financial support to critical small
businesses that require additional financial assistance,
including critical small businesses that are—
(i) contracting with the Defense Logistics Agency;
(ii) subcontractors (at any tier); or
(iii) in critical technology sectors.
(c) REPORTS.—
(1) REPORT ON ACTIVITIES.—Not later than October 1, 2021,
the Assistant Secretary of Defense for Industrial Base Policy
shall submit to the appropriate committees a report on activities
undertaken pursuant to this section.
(2) IMPLEMENTATION PLAN FOR 2019 SMALL BUSINESS
STRATEGY.—Not later than June 1, 2021, the Secretary of
Defense shall submit an implementation plan for the small
business strategy required under section 2283 of title 10, United
States Code, and dated October 1, 2019, including an identification of specific responsible individuals and organizations, milestones and metrics, and resources to support activities identified
in the implementation plan.
(d) SMALL BUSINESS DEFINED.—In this section, the term ‘‘small
business’’ has the meaning given by the Secretary of Defense,
except that such term shall include prime contractors and subcontractors (at any tier).

Contracts.

Deadline.

15 USC 657f
note.

SEC. 862. TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS OR
SERVICE-DISABLED VETERANS TO THE SMALL BUSINESS
ADMINISTRATION.

Definition.

(a) TRANSFER DATE.—For purposes of this section, the term
‘‘transfer date’’ means the date that is 2 years after the date
of enactment of this Act.
(b) AMENDMENT TO AND TRANSFER OF VETERAN-OWNED AND
SERVICE-DISABLED VETERAN-OWNED BUSINESS DATABASE.—
(1) AMENDMENT OF VETERAN-OWNED AND SERVICE-DISABLED
VETERAN-OWNED BUSINESS DATABASE.—Effective on the transfer
date, section 8127 of title 38, United States Code, is amended—
(A) in subsection (e), by striking ‘‘the Secretary under
subsection (f)’’ and inserting ‘‘the Administrator under section 36 of the Small Business Act’’;
(B) in subsection (f)—

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Effective date.
38 USC 8127
note.

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(i) by striking ‘‘the Secretary’’ each place it
appears, except in the last place it appears in paragraph (2)(A), and inserting ‘‘the Administrator’’;
(ii) in paragraph (1), by striking ‘‘small business
concerns owned and controlled by veterans with
service-connected disabilities’’ and inserting ‘‘small
business concerns owned and controlled by servicedisabled veterans’’;
(iii) in paragraph (2)—
(I) in subparagraph (A)—
(aa) by striking ‘‘to access’’ and inserting
‘‘to obtain from the Secretary of Veterans
Affairs’’; and
(bb) by inserting ‘‘, United States Code,’’
after ‘‘title 5’’; and
(II) by striking subparagraph (B) and inserting
the following:
‘‘(B) For purposes of this subsection—
‘‘(i) the Secretary of Veterans Affairs shall—
‘‘(I) verify an individual’s status as a veteran or a
service-disabled veteran; and
‘‘(II) establish a system to permit the Administrator
to access, but not alter, the verification of such status;
and
‘‘(ii) the Administrator shall verify—
‘‘(I) the status of a business concern as a small business
concern; and
‘‘(II) the ownership and control of such business concern.
‘‘(C) The Administrator may not certify a concern under subsection (b) or section 36A if the Secretary of Veterans Affairs
cannot provide the verification described under subparagraph
(B)(i)(I).’’;
(iv) in paragraph (3), by striking ‘‘such veterans’’
and inserting ‘‘a veteran described in paragraph (1)’’;
(v) by striking paragraphs (4) and (7);
(vi) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively, and redesignating
paragraph (8) as paragraph (6);
(vii) in paragraph (4), as so redesignated, by
striking ‘‘The Secretary’’ and inserting ‘‘The Administrator’’; and
(viii) in paragraph (6), as so redesignated—
(I) in subparagraph (A)—
(aa) by striking ‘‘verify the status of the
concern as a small business concern or the
ownership or control of the concern’’ and
inserting ‘‘certify the status of the concern as
a small business concern owned and controlled
by veterans (under section 36A) or a small
business concern owned and controlled by
service-disabled veterans (under subsection (g)
of this section)’’;
(bb) by striking ‘‘verification’’ and
inserting ‘‘certification’’; and
(cc) by striking ‘‘the Small Business
Administration (as established under section

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Reimbursement.

Definition.

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Effective date.
15 USC 657f
note.

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5(i) of the Small Business Act)’’ and inserting
‘‘the Administration (as established under section 5(i))’’;
(II) in subparagraph (B)—
(aa) in clause (i)—
(AA) by striking ‘‘small business concern owned and controlled by veterans
with service-connected disabilities’’ and
inserting ‘‘small business concern owned
and controlled by service-disabled veterans’’; and
(BB) by striking ‘‘of the Small Business Administration’’; and
(bb) in clause (ii)—
(AA) by amending subclause (I) to
read as follows:
‘‘(I) the Secretary of Veterans Affairs or the Administrator; or’’; and
(BB) in subclause (II), by striking ‘‘the
contracting officer of the Department’’ and
inserting ‘‘the applicable contracting
officer’’; and
(III) by striking subparagraph (C);
(C) by redesignating subsections (k) (relating to limitations on subcontracting) and (l) (relating to definitions)
as subsections (l) and (m), respectively;
(D) by inserting after subsection (j) (relating to annual
reports) the following new subsection:
‘‘(k) ANNUAL TRANSFER FOR CERTIFICATION COSTS.—For each
fiscal year, the Secretary of Veterans Affairs shall reimburse the
Administrator in an amount necessary to cover any cost incurred
by the Administrator for certifying small business concerns owned
and controlled by veterans that do not qualify as small business
concerns owned and controlled by service-disabled veterans for the
Secretary for purposes of this section and section 8128 of this
title. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined
jointly by the Secretary and the Administrator and shall be provided
from fees collected by the Secretary under multiple-award schedule
contracts. Any disagreement about the amount shall be resolved
by the Director of the Office of Management and Budget.’’; and
(E) in subsection (m) (relating to definitions), as so
redesignated—
(i) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4), respectively; and
(ii) by inserting before paragraph (2), as so redesignated, the following new paragraph:
‘‘(1) The term ‘Administrator’ means the Administrator of
the Small Business Administration.’’.
(2) TRANSFER OF REQUIREMENTS RELATING TO DATABASE
TO THE SMALL BUSINESS ACT.—Effective on the transfer date,
subsection (f) of section 8127 of title 38, United States Code
(as amended by paragraph (1)), is transferred to section 36
of the Small Business Act (15 U.S.C. 657f), and inserted so
as to appear after subsection (e).
(3) CONFORMING AMENDMENTS.—The following amendments shall take effect on the transfer date:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3779

(A) SMALL BUSINESS ACT.—Section 3(q)(2)(C)(i)(III) of
the Small Business Act (15 U.S.C. 632(q)(2)(C)(i)(III)) is
amended by striking ‘‘section 8127(f) of title 38, United
States Code’’ and inserting ‘‘section 36’’.
(B) TITLE 38.—Section 8128 of title 38, United States
Code, is amended by striking ‘‘maintained by the Secretary
under section 8127(f) of this title’’ and inserting ‘‘maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act’’.
(c) ADDITIONAL REQUIREMENTS FOR DATABASE.—
(1) ADMINISTRATOR ACCESS TO DATABASE BEFORE THE
TRANSFER DATE.—During the period between the date of the
enactment of this Act and the transfer date, the Secretary
of Veterans Affairs shall provide the Administrator of the Small
Business Administration with access to the contents of the
database described under section 8127(f) of title 38, United
States Code.
(2) RULE OF CONSTRUCTION.—Nothing in this section or
the amendments made by this section may be construed—
(A) as prohibiting the Administrator of the Small Business Administration from combining the contents of the
database described under section 8127(f) of title 38, United
States Code, with other databases maintained by the
Administration; or
(B) as requiring the Administrator to use any system
or technology related to the database described under section 8127(f) of title 38, United States Code, on or after
the transfer date to comply with the requirement to maintain a database under subsection (f) of section 36 of the
Small Business Act (as transferred pursuant to subsection
(b)(2) of this section).
(3) RECOGNITION OF THE ISSUANCE OF JOINT REGULATIONS.—The date specified under section 1832(e) of the National
Defense Authorization Act for Fiscal Year 2017 (15 U.S.C.
632 note) shall be deemed to be October 1, 2018.
(d) PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—
(1) PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—Section 36 of the Small Business Act (15 U.S.C. 657f) is amended—
(A) by redesignating subsection (d) as paragraph (3),
adjusting the margin accordingly, and transferring such
paragraph to subsection (h) of such section, as added by
subparagraph (F) of this paragraph, so as to appear after
paragraph (2);
(B) by striking subsection (e);
(C) by redesignating subsections (a), (b), and (c) as
subsections (c), (d), and (e) respectively;
(D) by inserting before subsection (c), as so redesignated, the following new subsections:
‘‘(a) CONTRACTING OFFICER DEFINED.—For purposes of this section, the term ‘contracting officer’ has the meaning given such
term in section 2101 of title 41, United States Code.
‘‘(b) CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY SERVICE-DISABLED VETERANS.—With respect to a
procurement program or preference established under this Act that
applies to prime contractors, the Administrator shall—

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‘‘(1) certify the status of a concern as a small business
concern owned and controlled by service-disabled veterans; and
‘‘(2) require the periodic recertification of such status.’’;
(E) in subsection (d), as so redesignated, by inserting
‘‘certified under subsection (b)’’ before ‘‘if the contracting
officer’’;
(F) by adding at the end the following new subsections:
‘‘(g) CERTIFICATION REQUIREMENT.—Notwithstanding subsection (c), a contracting officer may only award a sole source
contract to a small business concern owned and controlled by
service-disabled veterans or a contract on the basis of competition
restricted to small business concerns owned and controlled by
service-disabled veterans if such a concern is certified by the
Administrator as a small business concern owned and controlled
by service-disabled veterans.
‘‘(h) ENFORCEMENT; PENALTIES.—
‘‘(1) VERIFICATION OF ELIGIBILITY.—In carrying out this
section, the Administrator shall establish procedures relating
to—
‘‘(A) the filing, investigation, and disposition by the
Administration of any challenge to the eligibility of a small
business concern to receive assistance under this section
(including a challenge, filed by an interested party, relating
to the veracity of a certification made or information provided to the Administration by a small business concern
under subsection (b)); and
‘‘(B) verification by the Administrator of the accuracy
of any certification made or information provided to the
Administration by a small business concern under subsection (b).
‘‘(2) EXAMINATIONS.—The procedures established under
paragraph (1) shall provide for a program of examinations
by the Administrator of any small business concern making
a certification or providing information to the Administrator
under subsection (b), to determine the veracity of any statements or information provided as part of such certification
or otherwise provided under subsection (b).
‘‘(i) PROVISION OF DATA.—Upon the request of the Administrator, the head of any Federal department or agency shall promptly
provide to the Administrator such information as the Administrator
determines to be necessary to carry out subsection (b) or to be
able to certify the status of the concern as a small business concern
owned and controlled by veterans under section 36A.’’; and
(G) in paragraph (3) of subsection (h), as redesignated
and transferred by subparagraph (A) of this paragraph,
by inserting ‘‘and section 36A’’ before the period at the
end.
(2) PENALTIES FOR MISREPRESENTATION.—Section 16 of the
Small Business Act (15 U.S.C. 645) is amended—
(A) in subsection (d)(1)—
(i) in the matter preceding subparagraph (A)—
(I) by striking the comma that immediately
follows another comma; and
(II) by striking ‘‘, a ‘small’’ and inserting ‘‘,
a ‘small business concern owned and controlled

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134 STAT. 3781

by service-disabled veterans’, a ‘small business concern owned and controlled by veterans’, a ‘small’’;
and
(ii) in subparagraph (A), by striking ‘‘9, 15, or
31’’ and inserting ‘‘8, 9, 15, 31, 36, or 36A’’; and
(B) in subsection (e)—
(i) by striking the comma that immediately follows
another comma; and
(ii) by striking ‘‘, a ‘small’’ and inserting ‘‘, a ‘small
business concern owned and controlled by service-disabled veterans’, a ‘small business concern owned and
controlled by veterans’, a ‘small’’.
(e) CERTIFICATION FOR SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.—The Small Business Act (15 U.S.C.
631 et seq.) is amended by inserting after section 36 the following
new section:

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‘‘SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY VETERANS.

‘‘(a) IN GENERAL.—With respect to the program established
under section 8127 of title 38, United States Code, the Administrator shall—
‘‘(1) certify the status of a concern as a small business
concern owned and controlled by veterans; and
‘‘(2) require the periodic recertification of such status.
‘‘(b) ENFORCEMENT; PENALTIES.—
‘‘(1) VERIFICATION OF ELIGIBILITY.—In carrying out this
section, the Administrator shall establish procedures relating
to—
‘‘(A) the filing, investigation, and disposition by the
Administration of any challenge to the eligibility of a small
business concern to receive assistance under section 36
(including a challenge, filed by an interested party, relating
to the veracity of a certification made or information provided to the Administration by a small business concern
under subsection (a)); and
‘‘(B) verification by the Administrator of the accuracy
of any certification made or information provided to the
Administration by a small business concern under subsection (a).
‘‘(2) EXAMINATION OF APPLICANTS.—The procedures established under paragraph (1) shall provide for a program of
examinations by the Administrator of any small business concern making a certification or providing information to the
Administrator under subsection (a), to determine the veracity
of any statements or information provided as part of such
certification or otherwise provided under subsection (a).’’.
(f) STATUS OF SELF-CERTIFIED SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, any small business concern (as defined under section 3
of the Small Business Act (15 U.S.C. 632)) that self-certified
as a small business concern owned and controlled by servicedisabled veterans (as defined in section 36 of such Act (15
U.S.C. 657f)) shall—
(A) if the concern files a certification application with
the Administrator of the Small Business Administration

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Requirements.
Public
information.

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before the end of the 1-year period beginning on the
transfer date, maintain such self-certification until the
Administrator makes a determination with respect to such
certification; and
(B) if the concern does not file such a certification
application before the end of the 1-year period beginning
on the transfer date, lose, at the end of such 1-year period,
any self-certification of the concern as a small business
concern owned and controlled by service-disabled veterans.
(2) NON-APPLICABILITY TO DEPARTMENT OF VETERANS
AFFAIRS.—Paragraph (1) shall not apply to participation in
contracts (including subcontracts) with the Department of Veterans Affairs.
(3) NOTICE.—The Administrator shall notify any small business concern that self-certified as a small business concern
owned and controlled by service-disabled veterans about the
requirements of this section and the amendments made by
this section, including the transfer date, and make such notice
publicly available, on the date of the enactment of this Act.
(g) TRANSFER OF THE CENTER FOR VERIFICATION AND EVALUATION OF THE DEPARTMENT OF VETERANS AFFAIRS TO THE SMALL
BUSINESS ADMINISTRATION.—
(1) DEFINITION.—In this subsection, the term ‘‘function’’—
(A) means any duty, obligation, power, authority,
responsibility, right, privilege, activity, or program; and
(B) does not include employees.
(2) ABOLISHMENT.—The Center for Verification and Evaluation of the Department of Veterans Affairs, as defined under
section 74.1 of title 38, Code of Federal Regulations, is abolished
effective on the transfer date.
(3) TRANSFER OF FUNCTIONS.—Effective on the transfer
date, all functions that, immediately before the transfer date,
were functions of the Center for Verification and Evaluation
shall be functions of the Small Business Administration.
(4) TRANSFER OF ASSETS.—So much of the property
(including contracts for the procurement of property or services)
and records used, held, available, or to be made available
in connection with a function transferred under this subsection
shall be available to the Small Business Administration at
such time or times as the President directs for use in connection
with the functions transferred.
(5) SAVINGS PROVISIONS.—
(A) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All
orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions—
(i) which have been issued, made, granted, or
allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions
which are transferred under this subsection; and
(ii) which are in effect on the transfer date, or
were final before the transfer date and are to become
effective on or after the transfer date,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Administrator

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3783

of the Small Business Administration or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(B) PROCEEDINGS NOT AFFECTED.—The provisions of
this subsection shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
before the Department of Veterans Affairs on the transfer
date, with respect to functions transferred by this subsection but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this subsection had
not been enacted, and orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law. Nothing
in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modified if this subsection had not been enacted.
(C) SUITS NOT AFFECTED.—The provisions of this subsection shall not affect suits commenced before the transfer
date, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and with the same effect as if this subsection
had not been enacted.
(D) NONABATEMENT OF ACTIONS.—No suit, action, or
other proceeding commenced by or against the Department
of Veterans Affairs, or by or against any individual in
the official capacity of such individual as an officer of
the Department of Veterans Affairs, shall abate by reason
of the enactment of this subsection.
(E) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS.—Any administrative action relating
to the preparation or promulgation of a regulation by the
Department of Veterans Affairs relating to a function transferred under this subsection may be continued by the
Administrator of the Small Business Administration with
the same effect as if this subsection had not been enacted.
(F) EFFECT ON PERSONNEL.—The Secretary of Veterans
Affairs shall appoint any employee represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, United States Code, that is affected by
the transfer of functions under this subsection to a position
of a continuing nature for which the employee is qualified,
at a grade and compensation not lower than the current
grade and compensation of the employee.
(6) REFERENCES.—Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to a function of the Center
for Verification and Evaluation that is transferred under this
subsection is deemed, after the transfer date, to refer to the
Small Business Administration.
(h) REPORT.—Not later than 1 year after the date of the enactment of this Act, and every 6 months thereafter until the transfer

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date, the Administrator of the Small Business Administration and
Secretary of Veterans Affairs shall jointly submit to the Committee
on Appropriations, the Committee on Small Business, and the Committee on Veterans’ Affairs of the House of Representatives and
the Committee on Appropriations, the Committee on Small Business
and Entrepreneurship, and the Committee on Veterans’ Affairs
of the Senate a report on the planning for the transfer of functions
and property required under this section and the amendments
made by this section on the transfer date, which shall include—
(1) a discussion of whether and how the verification database and operations of the Center for Verification and Evaluation of the Department of Veterans Affairs will be incorporated
into the existing certification database of the Small Business
Administration;
(2) projections for the numbers and timing, in terms of
fiscal year, of—
(A) already verified concerns that will come up for
recertification; and
(B) self-certified concerns that are expected to apply
for certification;
(3) an explanation of how outreach to veteran service
organizations, the service-disabled veteran-owned and veteranowned small business community, and other stakeholders will
be conducted; and
(4) other pertinent information determined by the Administrator and the Secretary.
SEC. 863. EMPLOYMENT SIZE STANDARD REQUIREMENTS FOR SMALL
BUSINESS CONCERNS.

15 USC 632 note.

(a) IN GENERAL.—Section 3(a)(2) of the Small Business Act
(15 U.S.C. 632(a)(2)) is amended—
(1) in subparagraph (A), by inserting ‘‘and subject to the
requirements specified under subparagraph (C)’’ after ‘‘paragraph (1)’’; and
(2) in subparagraph (C)—
(A) by inserting ‘‘(including the Administration when
acting pursuant to subparagraph (A))’’ after ‘‘no Federal
department or agency’’; and
(B) in clause (ii)(I) by striking ‘‘12 months’’ and
inserting ‘‘24 months’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect 1 year after the date of the enactment of this Act.

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SEC. 864. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING CONTRACTS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(1) in section 8 (15 U.S.C. 637)—
(A) in subsection (a)(1)(D)(i)(II), by striking
‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’; and
(B) in subsection (m)—
(i) in paragraph (7)(B)(i), by striking ‘‘$6,500,000’’
and inserting ‘‘$7,000,000’’; and
(ii) in paragraph (8)(B)(i), by striking ‘‘$6,500,000’’
and inserting ‘‘$7,000,000’’;
(2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C. 657a(c)(2)(A)(ii)(I)),
by striking ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’; and

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134 STAT. 3785

(3) in section 36(c)(2)(A), as so redesignated by section
862(d)(1)(C),
by
striking
‘‘$5,000,000’’
and
inserting
‘‘$7,000,000’’.

15 USC 657f.

SEC. 865. REPORTING REQUIREMENT ON EXPENDITURE AMOUNTS FOR
THE SMALL BUSINESS INNOVATION RESEARCH PROGRAM
AND THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM.

Section 9 of the Small Business Act (15 U.S.C. 638) is
amended—
(1) in subsection (b)(7)—
(A) in subparagraph (F), by striking ‘‘and’’ at the end;
(B) in subparagraph (G), by adding ‘‘and’’ after the
semicolon at the end; and
(C) by adding at the end the following:
‘‘(H) with respect to a Federal agency to which subsection (f)(1) or (n)(1) applies, whether the Federal agency
has complied with the applicable subsection for the year
covered by the report;’’;
(2) in subsection (g)(10), by inserting ‘‘, which section shall
describe whether or not the Federal agency complied with the
requirements of subsection (f) for the year covered by that
plan and include a justification for failure to comply (if
applicable),’’ after ‘‘a section on its SBIR program’’; and
(3) in subsection (o)(8), by inserting ‘‘, which section shall
describe whether or not the Federal agency complied with the
requirements of subsection (n) for the year covered by that
plan and include a justification for failure to comply (if
applicable),’’ after ‘‘a section on its STTR program’’.

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SEC. 866. SMALL BUSINESSES IN TERRITORIES OF THE UNITED
STATES.

(a) DEFINITION OF COVERED TERRITORY BUSINESS.—
(1) IN GENERAL.—Section 3 of the Small Business Act (15
U.S.C. 632) is amended by adding at the end the following
new subsection:
‘‘(ff) COVERED TERRITORY BUSINESS.—In this Act, the term ‘covered territory business’ means a small business concern that has
its principal office located in one of the following:
‘‘(1) The United States Virgin Islands.
‘‘(2) American Samoa.
‘‘(3) Guam.
‘‘(4) The Northern Mariana Islands.’’.
(2) CONFORMING AMENDMENT.—Section 15(x) of the Small
Business Act (15 U.S.C. 644(x)) is amended by striking paragraph (3).
(b) PRIORITY FOR SURPLUS PROPERTY TRANSFERS.—Section
7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C. 636(j)(13)(F)(iii))
is amended—
(1) in subclause (I), by striking ‘‘means’’ and all that follows
through the period at the end and inserting the following:
‘‘means—
‘‘(aa) in the case of a Puerto Rico business, the
period beginning on August 13, 2018, and ending on
the date on which the Oversight Board established
under section 2121 of title 48 terminates; and
‘‘(bb) in the case of a covered territory business,
the period beginning on the date of the enactment

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of this item and ending on the date that is 4 years
after such date of enactment.’’; and
(2) in subclause (II)—
(A) by inserting ‘‘or a covered territory business’’ after
‘‘a Puerto Rico business’’; and
(B) by striking ‘‘the Puerto Rico business’’ each place
it appears and inserting ‘‘either such business’’.
(c) CONTRACTING INCENTIVES FOR PROTEGE FIRMS THAT ARE
COVERED TERRITORY BUSINESSES.—
(1) CONTRACTING INCENTIVES.—Section 45(a) of the Small
Business Act (15 U.S.C. 657r(a)) is amended by adding at
the end the following new paragraph:
‘‘(4) COVERED TERRITORY BUSINESSES.—During the period
beginning on the date of the enactment of this paragraph
and ending on the date that is 4 years after such date of
enactment, the Administrator shall identify potential incentives
to a covered territory mentor that awards a subcontract to
its covered territory protege, including—
‘‘(A) positive consideration in any past performance
evaluation of the covered territory mentor; and
‘‘(B) the application of costs incurred for providing
training to such covered territory protege to the subcontracting plan (as required under paragraph (4) or (5) of
section 8(d)) of the covered territory mentor.’’.
(2) MENTOR-PROTEGE RELATIONSHIPS.—Section 45(b)(3)(A)
of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended
by striking ‘‘relationships are’’ and all that follows through
the period at the end and inserting the following: ‘‘relationships—
‘‘(i) are between a covered protege and a covered
mentor; or
‘‘(ii) are between a covered territory protege and
a covered territory mentor.’’.
(3) DEFINITIONS.—Section 45(d) of the Small Business Act
(15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:
‘‘(6) COVERED TERRITORY MENTOR.—The term ‘covered territory mentor’ means a mentor that enters into an agreement
under this Act, or under any mentor-protege program approved
under subsection (b)(1), with a covered territory protege.
‘‘(7) COVERED TERRITORY PROTEGE.—The term ‘covered
territory protege’ means a protege of a covered territory mentor
that is a covered territory business.’’.
SEC. 867. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS FOR CERTAIN SMALL BUSINESS
ADMINISTRATION PROGRAMS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(1) in section 21(a)—
(A) in paragraph (1), by inserting before ‘‘The Administration shall require’’ the following: ‘‘The previous sentence
shall not apply to an applicant that has its principal office
located in the Commonwealth of the Northern Mariana
Islands.’’; and
(B) in paragraph (4)(C)(ix), by striking ‘‘and American
Samoa’’ and inserting ‘‘American Samoa, and the Commonwealth of the Northern Mariana Islands’’; and

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15 USC 648.

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(2) in section 34(a)(9), by striking ‘‘and American Samoa’’
and inserting ‘‘American Samoa, and the Commonwealth of
the Northern Mariana Islands’’.

15 USC 657d.

SEC. 868. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS
CONCERNS.

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(a) PAST PERFORMANCE RATINGS OF JOINT VENTURES FOR SMALL
BUSINESS CONCERNS.—Section 15(e) of the Small Business Act (15
U.S.C. 644(e)) is amended by adding at the end the following
new paragraph:
‘‘(5) PAST PERFORMANCE RATINGS OF JOINT VENTURES FOR
SMALL BUSINESS CONCERNS.—With respect to evaluating an
offer for a prime contract made by a small business concern
that previously participated in a joint venture with another
business concern (whether or not such other business concern
was a small business concern), the Administrator shall establish
regulations—
‘‘(A) allowing the small business concern to elect to
use the past performance of the joint venture if the small
business concern has no relevant past performance of its
own;
‘‘(B) requiring the small business concern, when
making an election under subparagraph (A)—
‘‘(i) to identify to the contracting officer the joint
venture of which the small business concern was a
member; and
‘‘(ii) to inform the contracting officer what duties
and responsibilities the small business concern carried
out as part of the joint venture; and
‘‘(C) requiring a contracting officer, if the small business concern makes an election under subparagraph (A),
to consider the past performance of the joint venture when
evaluating the past performance of the small business concern, giving due consideration to the information provided
under subparagraph (B)(ii).’’.
(b) PAST PERFORMANCE RATINGS OF FIRST-TIER SMALL BUSINESS
SUBCONTRACTORS.—Section 8(d)(17) of the Small Business Act (15
U.S.C. 637(d)(l7)) is amended to read as follows:
‘‘(17) PAST PERFORMANCE RATINGS FOR CERTAIN SMALL BUSINESS SUBCONTRACTORS.—Upon request by a small business concern that performed as a first tier subcontractor on a covered
contract (as defined in paragraph (13)(A)), the prime contractor
for such covered contract shall submit to such small business
concern a record of past performance for such small business
concern with respect to such covered contract. If a small business concern elects to use such record of past performance,
a contracting officer shall consider such record of past performance when evaluating an offer for a prime contract made by
such small business concern.’’.
(c) RULEMAKING.—Not later than 120 days after the date of
the enactment of this Act, the Administrator of the Small Business
Administration shall issue rules to carry out this section and the
amendments made by this section.

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Evaluation.
Contracts.
Regulations.
Requirements.

Records.

Deadline.
15 USC 637 note.

SEC. 869. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.

15 USC 637 note.

(a) IN GENERAL.—The Administrator of the Small Business
Administration shall ensure that a small business concern participating in the program established under section 8(a) of the Small

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Business Act (15 U.S.C. 637) on or before September 9, 2020,
may elect to extend such participation by a period of 1 year, regardless of whether such concern previously elected to suspend participation in such program pursuant to guidance of the Administrator.
(b) EMERGENCY RULEMAKING AUTHORITY.—Not later than 15
days after the date of enactment of this section, the Administrator
shall issue regulations to carry out this section without regard
to the notice requirements under section 553(b) of title 5, United
States Code.

Deadline.

15 USC 644 note.

SEC. 870. COMPLIANCE OF OFFICES OF SMALL BUSINESS AND DISADVANTAGED BUSINESS UTILIZATION.

(a) REPORT.—If the Comptroller General of the United States
has determined that a Director of Small and Disadvantaged Business Utilization of a Federal agency is not in compliance with
the requirements of section 15(k) of the Small Business Act (15
U.S.C. 644(k)), such Director shall submit, not later than the specified date, to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the
House of Representatives a report that includes the reasons for
such noncompliance and the specific actions the Director shall take
to remedy such noncompliance.
(b) SPECIFIED DATE DEFINED.—In this section, the term ‘‘specified date’’ means the later of—
(1) the date that is 120 days after the date on which
a determination is made under subsection (a); and
(2) 120 days after the date of the enactment of this Act.
15 USC 631 note.

SEC. 871. CATEGORY MANAGEMENT TRAINING.

Deadline.
Coordination.

(a) IN GENERAL.—Not later than 8 months after the date of
the enactment of this section, the Administrator of the Small Business Administration, in coordination with the Administrator of the
Office of Federal Procurement Policy and any other head of a
Federal agency (as determined by the Administrator), shall develop
a training curriculum on category management for staff of Federal
agencies with procurement or acquisition responsibilities. Such
training shall include—
(1) best practices for procuring goods and services from
small business concerns (as defined under section 3 of the
Small Business Act (15 U.S.C. 632)); and
(2) information on avoiding conflicts with the requirements
of the Small Business Act (15 U.S.C. 631 et seq.).
(b) USE OF CURRICULUM.—The Administrator of the Small Business Administration—
(1) shall ensure that staff for Federal agencies described
in subsection (a) receive the training described in such subsection; and
(2) may request the assistance of the relevant Director
of Small and Disadvantaged Business Utilization (as described
in section 15(k) of the Small Business Act (15 U.S.C. 644(k)))
to carry out the requirements of paragraph (1).
(c) SUBMISSION TO CONGRESS.—The Administrator of the Small
Business Administration shall provide a copy of the training curriculum developed under subsection (a) to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate.

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Records.

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134 STAT. 3789

(d) CATEGORY MANAGEMENT DEFINED.—In this section, the term
‘‘category management’’ has the meaning given by the Director
of the Office of Management and Budget.

Subtitle F—Other Matters

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SEC. 881. REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND
CROSS-SERVICING AGREEMENT TRANSACTIONS.

(a) REVIEW.—The Secretary of Defense, acting through the official designated to provide oversight of acquisition and cross-servicing agreements under section 2342(f) of title 10, United States
Code, shall conduct a review of acquisition and cross-servicing
agreement transactions for which reimbursement to the United
States is overdue under section 2345 of such title.
(b) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2021, the designated official described in subsection (a) shall submit to the
congressional defense committees a report on the results of
the review of acquisition and cross-servicing agreement transactions described in such subsection.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) For each such transaction valued at $1,000,000
or more for which reimbursement to the United States
was overdue as of October 1, 2020—
(i) the total amount of the transaction;
(ii) the unreimbursed balance of the transaction;
(iii) the date on which the transaction was originally made;
(iv) the date on which the most recent request
for payment was sent to the relevant foreign government or international organization; and
(v) a plan for securing reimbursement from the
foreign government or international organization.
(B) A description of the steps taken to implement the
recommendations made in the March 4, 2020, report of
the Government Accountability Office titled ‘‘Defense Logistics Agreements: DOD Should Improve Oversight and Seek
Payment from Foreign Partners for Thousands of Orders
It Identifies as Overdue’’, including efforts to validate data
reported under this subsection and in the system of the
Department of Defense to record data on acquisition and
cross-servicing agreement transactions.
(C) The amount of reimbursement received from a
foreign government or international organization, as
applicable, for each order—
(i) for which the reimbursement is recorded as
overdue in the system of the Department of Defense
to record data on acquisition and cross-servicing agreement transactions; and
(ii) that was authorized during the period beginning on October 1, 2013, and ending on September
30, 2020.
(D) A plan for improving recordkeeping of acquisition
and cross-servicing agreement transactions and ensuring

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Reimbursement.

Plan.

Time period.

Plan.
Records.

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timely reimbursement by a foreign government or international organization.
(E) Any other matter considered relevant by the designated official described in subsection (a).

SEC. 882. DOMESTIC COMPARATIVE TESTING ACTIVITIES.

Section 2350a(g) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking ‘‘conventional defense equipment,
munitions, and technologies manufactured and developed by countries referred to in subsection (a)(2)’’ and
inserting ‘‘covered equipment, munitions, and technologies’’; and
(ii) by striking ‘‘such equipment, munitions, and
technologies’’ and inserting ‘‘such covered equipment,
munitions, and technologies’’; and
(B) in subparagraph (B), by inserting ‘‘such covered’’
before ‘‘equipment, munitions, and technologies’’;
(2) in paragraph (2), by striking ‘‘equipment, munitions,
and technologies of the type described in paragraph (1)’’ and
inserting ‘‘covered equipment, munitions, and technologies’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) COVERED EQUIPMENT, MUNITIONS, AND TECHNOLOGIES
DEFINED.—In this subsection, the term ‘covered equipment, munitions, and technologies’ means—
‘‘(A) conventional defense equipment, munitions, and technologies manufactured and developed by countries referred to in
subsection (a)(2); and
‘‘(B) conventional defense equipment, munitions, and technologies manufactured and developed domestically.’’.
10 USC 4701
note.

SEC. 883. PROHIBITION ON AWARDING OF CONTRACTS TO CONTRACTORS THAT REQUIRE NONDISCLOSURE AGREEMENTS
RELATING TO WASTE, FRAUD, OR ABUSE.

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(a) IN GENERAL.—The Secretary of Defense may not award
a contract for the procurement of goods or services to a contractor
unless the contractor represents that—
(1) it does not require its employees to sign internal confidentiality agreements or statements that would prohibit or
otherwise restrict such employees from lawfully reporting
waste, fraud, or abuse related to the performance of a Department of Defense contract to a designated investigative or law
enforcement representative of the Department of Defense
authorized to receive such information; and
(2) it will inform its employees of the limitations on confidentiality agreements and other statements described in paragraph (1).
(b) RELIANCE ON REPRESENTATION.—A contracting officer of
the Department of Defense may rely on the representation of a
contractor as to the requirements described under subsection (a)
in awarding a contract unless the officer has reason to question
the accuracy of the representation.
SEC. 884. PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND
PROGRAM MANAGEMENT POLICY COUNCIL.

Section 1126 of title 31, United States Code, is amended—

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134 STAT. 3791

(1) in subsection (a)(1), by inserting after ‘‘senior executive
of the agency’’ the following: ‘‘, who has significant program
and project management oversight responsibilities,’’; and
(2) in subsection (b)(4) by striking ‘‘twice’’ and inserting
‘‘four times’’.
SEC. 885. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR
FEDERAL AGENCY CONTRACT AND GRANT OFFICERS.

Section 2313(d) of title 41, United States Code, is amended—
(1) in paragraph (3), by inserting ‘‘, and an identification
of any beneficial owner of such corporation,’’ after ‘‘to the corporation’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) BENEFICIAL OWNERSHIP.—The term ‘beneficial
ownership’ has the meaning given under section 847 of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92; 133 Stat. 1505; 10 U.S.C. 2509
note).
‘‘(B) CORPORATION.—The term ‘corporation’ means any
corporation, company, limited liability company, limited
partnership, business trust, business association, or other
similar entity.’’.
SEC. 886. REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR
DENIED GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS.

Section 827 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1467; 10 U.S.C. 2304
note) is repealed.
SEC. 887. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING
TO CERTAIN FOREIGN MILITARY SALES.

Section 887(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 22 U.S.C. 2761 note) is
amended—
(1) by striking ‘‘December 31, 2021’’ each place it appears
and inserting ‘‘December 31, 2022’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) APPLICABILITY.—The requirements of this subsection
apply only to foreign military sales processes within the Department of Defense.’’.
SEC. 888. REVISION TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR FOREIGN MILITARY SALES.

Section 830 of the National Defense Authorization Act for Fiscal
Year 2017 (22 U.S.C. 2762 note) is repealed.

Repeal.

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SEC. 889. ASSESSMENT AND ENHANCEMENT OF NATIONAL SECURITY
INNOVATION BASE.

(a) IN GENERAL.—The Secretary of Defense shall assess the
economic forces and structures shaping the capacity of the national
security innovation base, and develop policies to address such forces
and structures.
(b) ELEMENTS.—The assessment required under subsection (a)
shall review the following matters as they pertain to the innovative
and manufacturing capacity of the national security innovation
base:

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Deadline.
Recommendations.

PUBLIC LAW 116–283—JAN. 1, 2021

(1) A detailed description of the entities comprising the
national security innovation base and how they currently interact.
(2) Competition and antitrust policy.
(3) Immigration policy, including the policies germane to
the attraction and retention of skilled immigrants.
(4) Education funding and policy.
(5) Demand stabilization and social safety net policies.
(6) The structure and incentives of financial markets and
the effects of such on the access of businesses to credit.
(7) Trade policy, including export control policy and trade
remedies.
(8) The tax code and its effect on investment, including
the Federal research and development tax credit.
(9) Regulatory policy, including with respect to land use,
environmental impact, and construction and manufacturing
activities.
(10) Economic and manufacturing infrastructure.
(11) Intellectual property policy.
(12) Federally funded investments in the economy,
including investments in research and development and
advanced manufacturing.
(13) Federally funded purchases of goods and services.
(14) Federally funded investments to expand domestic
manufacturing capabilities.
(15) Coordination and collaboration with allies and partners.
(16) Measures to protect technological advantages over
adversaries and to counteract hostile or destabilizing activity
by adversaries.
(17) Other matters as the Secretary of Defense deems
appropriate.
(c) ENGAGEMENT WITH CERTAIN ENTITIES.—In conducting the
assessment required under subsection (a), the Secretary of Defense
shall engage through appropriate mechanisms with—
(1) the Defense Science Board;
(2) the Defense Innovation Board;
(3) the Defense Business Board;
(4) entities representing industry interests; and
(5) entities representing labor interests.
(d) SUBMISSION OF ASSESSMENT.—Not later than March 1, 2022,
the Secretary of Defense shall submit to the President, the Director
of the Office of Management and Budget, the Assistant to the
President for National Security Affairs, the Director of the National
Economic Council, and the congressional defense committees the
assessment required under subsection (a), together with recommendations and any additional views of the Secretary.

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SEC. 890. IDENTIFICATION OF CERTAIN CONTRACTS RELATING TO
CONSTRUCTION OR MAINTENANCE OF A BORDER WALL.

With respect to contract actions reported to the Federal
Procurement Data system established pursuant to section 1122(a)(4)
of title 41, United States Code (or any successor system), the
Secretary of Defense shall identify any contracts (including any
task order contract (as defined in section 2304d of title 10, United
States Code) and any modifications to a contract) entered into
by the Secretary relating to the construction or maintenance of

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a barrier along the international border between the United States
and Mexico that have an estimated value greater than or equal
to $7,000,000.
SEC. 891. WAIVERS OF CERTAIN CONDITIONS FOR PROGRESS PAYMENTS UNDER CERTAIN CONTRACTS DURING THE COVID–
19 NATIONAL EMERGENCY.

(a) WAIVER OF PROGRESS PAYMENTS REQUIREMENTS.—The Secretary of Defense may waive the requirements of section 2307(e)(2)
of title 10, United States Code, with respect to progress payments
for any undefinitized contractual action (as defined in section 2326
of title 10, United States Code; in this section referred to as ‘‘UCA’’)
if the Secretary determines that the waiver is necessary due to
the national emergency for the Coronavirus Disease 2019 (COVID–
19) and—
(1) a contractor performing the contract for which a UCA
is entered into has not already received increased progress
payments from the Secretary of Defense on contractual actions
other than UCAs; or
(2) a contractor performing the contract for which a UCA
is entered into, and that has received increased progress payments from the Secretary of Defense on contractual actions
other than UCAs, can demonstrate that the contractor has
promptly provided the amount of the increase to any subcontractors (at any tier), small business concerns (as defined
under section 3 of the Small Business Act (15 U.S.C. 632)),
or suppliers of the contractor.
(b) DEFINITIZATION.—With respect to a UCA that not been
definitized for a period of 180 days beginning on the date on
which such UCA was entered into, the Secretary of Defense may
only use the waiver authority described in subsection (a) if the
Secretary (or a designee at a level not below the head of a contracting activity) provides a certification to the congressional
defense committees that such UCA will be definitized within 60
days after the date on which the waiver is issued.
(c) SUBMISSION.—For each use of the waiver authority under
subsection (a), the Secretary of Defense shall submit to the congressional defense committees an estimate of the amounts to be provided
to subcontractors (at any tier), small business concerns, and suppliers, including an identification of the specific entities receiving
an amount from an increased progress payment described under
such subsection (a).

10 USC 3804
note.

Time period.
Certification.
Deadline.

Estimate.

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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.

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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.

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.

5 USC 5313 note,
10 USC 131 note
prec., 131 note,
132 notes, 132a
notes.
10 USC 131 prec.
10 USC 131 note.

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Deadline.
10 USC 132a
note.

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(a) REPEAL OF POSITION.—
(1) IN GENERAL.—Section 132a of title 10, United States
Code is repealed.
(2) CONFORMING REPEALS.—The following provisions of law
are repealed:
(A) Paragraph (2) of section 131(b) of title 10, United
States Code.
(B) Section 910 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
1516).
(3) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 4 of title 10, United States Code, is
amended by striking the item relating to section 132a.
(4) EFFECTIVE DATE.—The repeals and amendments made
by this subsection shall take effect on the date of the enactment
of this Act.
(b) IMPLEMENTATION.—Not later than one year after the date
of the enactment of this Act—
(1) each duty or responsibility that remains assigned to
the Chief Management Officer of the Department of Defense
shall be transferred to an officer or employee of the Department
of Defense designated by the Secretary of Defense, except that
any officer or employee so designated may not be an individual
who served as the Chief Management Officer before the date
of the enactment of this Act; and
(2) the personnel, functions, and assets of the Office of
the Chief Management Officer shall be transferred to such
other organizations and elements of the Department as the
Secretary considers appropriate.

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(c) REFERENCES.—Any reference in any law, regulation, guidance, instruction, or other document of the Federal Government
to the Chief Management Officer of the Department of Defense
shall be deemed to refer to the applicable officer or employee of
the Department of Defense designated by the Secretary of Defense
under subsection (b)(1).
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that sets forth such
recommendations for legislative action as the Secretary considers
appropriate for modifications to law to carry out this section and
the repeals and amendments made by this section.

Recommendations.

SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT AND RELATED
MATTERS.

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(a) IN GENERAL.—
(1) CLARIFICATION OF CHAIN OF ADMINISTRATIVE COMMAND.—Section 138(b)(2) of title 10, United States Code, is
amended—
(A) by redesignating clauses (i), (ii), and (iii) of subparagraph (B) as subclauses (I), (II), and (III), respectively;
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(C) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(D) in clause (i) of subparagraph (A), as redesignated
by this paragraph, by inserting before the period at the
end the following: ‘‘through the administrative chain of
command specified in section 167(f) of this title;’’ and
(E) by adding at the end the following new subparagraph:
‘‘(B) In the discharge of the responsibilities specified in subparagraph (A)(i), the Assistant Secretary is immediately subordinate
to the Secretary of Defense. Unless otherwise directed by the President, no officer below the Secretary may intervene to exercise
authority, direction, or control over the Assistant Secretary in the
discharge of such responsibilities.’’.
(2) TECHNICAL AMENDMENT.—Subparagraph (A) of such section, as redesignated by paragraph (1), is further amended
in the matter preceding clause (i), as so redesignated, by
striking ‘‘section 167(j)’’ and inserting ‘‘section 167(k)’’.
(b) FULFILLMENT OF SPECIAL OPERATIONS RESPONSIBILITIES.—
(1) IN GENERAL.—Section 139b of title 10, United States
Code, is amended to read as follows:
‘‘§ 139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council
‘‘(a) SECRETARIAT FOR SPECIAL OPERATIONS.—
‘‘(1) IN GENERAL.—In order to fulfill the responsibilities
of the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict specified in section 138(b)(2)(A)(i)
of this title, there shall be within the Office of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict an office to be known as the ‘Secretariat for Special
Operations’.
‘‘(2) PURPOSE.—The purpose of the Secretariat is to assist
the Assistant Secretary in exercising authority, direction, and

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control with respect to the special operations-peculiar administration and support of the special operations command,
including the readiness and organization of special operations
forces, resources and equipment, and civilian personnel as specified in such section.
‘‘(3) DIRECTOR.—The Director of the Secretariat for Special
Operations shall be appointed by the Secretary of Defense
from among individuals qualified to serve as the Director. An
individual serving as Director shall, while so serving, be a
member of the Senior Executive Service.
‘‘(4) ADMINISTRATIVE CHAIN OF COMMAND.—For purposes
of the support of the Secretariat for the Assistant Secretary
in the fulfillment of the responsibilities referred to in paragraph
(1), the administrative chain of command is as specified in
section 167(f) of this title. Unless otherwise directed by the
President, no officer below the Secretary of Defense (other
than the Assistant Secretary) may intervene to exercise
authority, direction, or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities.
‘‘(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT COUNCIL.—
‘‘(1) IN GENERAL.—In order to fulfill the responsibilities
specified in section 138(b)(2)(A)(i) of this title, the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict shall establish and lead a team known as the ‘Special
Operation Policy and Oversight Council’ (in this subsection
referred to as the ‘Council’).
‘‘(2) PURPOSE.—The purpose of the Council is to integrate
the functional activities of the headquarters of the Department
of Defense in order to most efficiently and effectively provide
for special operations forces and capabilities. In fulfilling this
purpose, the Council shall develop and continuously improve
policy, joint processes, and procedures that facilitate the
development, acquisition, integration, employment, and
sustainment of special operations forces and capabilities.
‘‘(3) MEMBERSHIP.—The Council shall include the following:
‘‘(A) The Assistant Secretary.
‘‘(B) Appropriate senior representatives of each of the
following:
‘‘(i) The Under Secretary of Defense for Research
and Engineering.
‘‘(ii) The Under Secretary of Defense for Acquisition and Sustainment.
‘‘(iii) The Under Secretary of Defense (Comptroller).
‘‘(iv) The Under Secretary of Defense for Personnel
and Readiness.
‘‘(v) The Under Secretary of Defense for Intelligence.
‘‘(vi) The General Counsel of the Department of
Defense.
‘‘(vii) The other Assistant Secretaries of Defense
under the Under Secretary of Defense for Policy.
‘‘(viii) The military departments.
‘‘(ix) The Joint Staff.
‘‘(x) The United States Special Operations Command.

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Appointment.

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‘‘(xi) Such other officers or Agencies, elements, or
components of the Department of Defense as the Secretary of Defense considers appropriate.
‘‘(4) OPERATION.—The Council shall operate continuously.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 4 of such title is amended by striking
the item relating to section 139b and inserting the following
new item:

10 USC 131 prec.

‘‘139b. Secretariat for Special Operations; Special Operations Policy and Oversight
Council.’’.

(c) DOD DIRECTIVE ON RESPONSIBILITIES OF ASD SOLIC.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
publish a Department of Defense directive establishing policy
and procedures related to the exercise of authority, direction,
and control of all special-operations peculiar administrative
matters relating to the organization, training, and equipping
of special operations forces by the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict as
specified by section 138(b)(2)(A)(i) of title 10, United States
Code, as amended by subsection (a)(1).
(2) MATTERS FOR INCLUDING.—The directive required by
paragraph (1) shall include the following:
(A) A specification of responsibilities for coordination
on matters affecting the organization, training, and equipping of special operations forces.
(B) An identification and specification of updates to
applicable documents and instructions of the Department
of Defense.
(C) Mechanisms to ensure the inclusion of the Assistant
Secretary in all Departmental governance forums affecting
the organization, training, and equipping of special operations forces.
(D) Such other matters as the Secretary considers
appropriate.
(3) APPLICABILITY.— The directive required by paragraph
(1) shall apply throughout the Department of Defense to all
components of the Department of Defense.
(4) LIMITATION ON AVAILABILITY OF CERTAIN FUNDING
PENDING PUBLICATION.—Of the amounts authorized to be appropriated by this Act for fiscal year 2021 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated
or expended until the date that is 15 days after the date
on which the Secretary publishes the directive required by
paragraph (1).

10 USC 138 note.
Deadline.
Publication.
Procedures.

Time period.

SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE
POLICY.

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(a) INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES OF DEFENSE.—Subsection (a)(1) of section 138 of title 10,
United States Code, is amended by striking ‘‘13’’ and inserting
‘‘14’’.
(b) ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE
POLICY.—Subsection (b) of that section is amended by adding at
the end the following new paragraph:

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‘‘(6) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Industrial Base Policy. The Assistant Secretary
shall—
‘‘(A) advise the Under Secretary of Defense for Acquisition
and Sustainment on industrial base policies; and
‘‘(B) perform other duties as directed by the Under Secretary.’’.
SEC.

904.

ASSISTANT SECRETARY OF DEFENSE
INSTALLATIONS, AND ENVIRONMENT.

FOR

ENERGY,

(a) INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES OF DEFENSE.—Subsection (a)(1) of section 138 of title 10,
United States Code, as amended by section 903 of this Act, is
further amended by striking ‘‘14’’ and inserting ‘‘15’’.
(b) ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT.—Subsection (b) of that section, as so
amended, is further amended by adding at the end the following
new paragraph:
‘‘(7) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Energy, Installations, and Environment. The principal duty of the Assistant Secretary shall be the overall supervision
of matters relating to energy, installations, and the environment
for the Department of Defense.’’.
SEC. 905. OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION.

(a) ACKNOWLEDGMENT IN LAW AND REDESIGNATION OF OFFICE
OF ECONOMIC ADJUSTMENT AS OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION.—
(1) IN GENERAL.—Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
10 USC 146.

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Appointment.

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‘‘§ 146. Office of Local Defense Community Cooperation
‘‘(a) IN GENERAL.—There is in the Office of the Secretary of
Defense an office to be known as the Office of Local Defense Community Cooperation (in this section referred to as the ‘Office’).
‘‘(b) DIRECTOR.—The Office shall be headed by the Director
of the Office of Local Defense Community Cooperation, who shall
be appointed by the Under Secretary of Defense for Acquisition
and Sustainment from among civilian employees of the Federal
Government or private individuals who have the following:
‘‘(1) Experience in the interagency in the Executive Branch.
‘‘(2) Experience in the administration and management
of Federal grants programs.
‘‘(c) DUTIES.—The Office shall—
‘‘(1) serve as the office in the Department of Defense with
primary responsibility for—
‘‘(A) providing assistance to States, counties, municipalities, regions, and other communities to foster cooperation with military installations to enhance the military
mission, achieve facility and infrastructure savings and
reduced operating costs, address encroachment and compatible land use issues, support military families, and increase
military, civilian, and industrial readiness and resiliency;
and
‘‘(B) providing adjustment and diversification assistance to State and local governments under section 2391(b)
of this title to achieve the objectives described in subparagraph (A);

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‘‘(2) coordinate the provision of such assistance with other
organizations and elements of the Department;
‘‘(3) provide support to the Economic Adjustment Committee established under Executive Order No. 12788 (57 Fed.
Reg. 2213; 10 U.S.C. 2391 note) or any successor to such
Committee; and
‘‘(4) carry out such other activities as the Under Secretary
of Defense for Acquisition and Sustainment considers appropriate.
‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later than June 1
each year, the Director of the Office of Local Defense Community
Cooperation shall submit to the congressional defense committees
a report on the activities of the Office during the preceding year,
including the assistance provided pursuant to subsection (c)(1)
during such year.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 4 of such title is amended by adding
at the end the following new item:

10 USC 131 prec.

‘‘146. Office of Local Defense Community Cooperation.’’.

(b) LIMITATION ON INVOLUNTARY SEPARATION OF PERSONNEL.—
No personnel of the Office of Local Defense Community Cooperation
under section 146 of title 10, United States Code (as added by
subsection (a)), may be involuntarily separated from service with
that Office during the one-year period beginning on the date of
the enactment of this Act, except for cause.
(c) ADMINISTRATION OF PROGRAMS.—Any program, project, or
other activity administered by the Office of Economic Adjustment
of the Department of Defense as of the date of the enactment
of this Act shall be administered by the Office of Local Defense
Community Cooperation under section 146 of title 10, United States
Code (as so added), after that date.

Time period.
10 USC 146 note.

10 USC 146 note.

SEC. 906. INPUT FROM THE VICE CHIEF OF THE NATIONAL GUARD
BUREAU TO THE JOINT REQUIREMENTS OVERSIGHT
COUNCIL.

(a) IN GENERAL.—Section 181(d) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
‘‘(4) INPUT FROM VICE CHIEF OF THE NATIONAL GUARD
BUREAU.—The Council shall seek, and strongly consider, the
views of the Vice Chief of the National Guard Bureau regarding
non-Federalized National Guard capabilities in support of
homeland defense and civil support missions.’’.
(b) TECHNICAL AMENDMENT.—Paragraph (1)(D) of such section
is amended by striking ‘‘the’’ and inserting ‘‘The’’.
SEC. 907. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION
WITHIN THE OFFICE OF THE SECRETARY OF DEFENSE.

10 USC 138 note.

The Assistant Secretary of Defense for International Security
Affairs shall assign responsibility for the Arctic region to the Deputy
Assistant Secretary of Defense for the Western Hemisphere or
any other Deputy Assistant Secretary of Defense the Secretary
of Defense considers appropriate.

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SEC. 908. MODERNIZATION OF PROCESS USED BY THE DEPARTMENT
OF DEFENSE TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING REQUIREMENTS.

10 USC 111 note.

(a) ONGOING ANALYSIS REQUIRED.—The Assistant Secretary of
Defense for Legislative Affairs shall conduct on an ongoing basis

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Assessment.

PUBLIC LAW 116–283—JAN. 1, 2021

an analysis of the process used by the Department of Defense
to identify reports to Congress required by annual national defense
authorization Acts, assign responsibility for preparation of such
reports, and manage the completion and delivery of such reports
to Congress for the purpose of identifying mechanisms to optimize
and otherwise modernize the process.
(b) CONSULTATION.—The Assistant Secretary shall conduct the
analysis required by subsection (a) with the assistance of and in
consultation with the Chief Information Officer of the Department
of Defense.
(c) ELEMENTS.—The analysis required by subsection (a) shall
include the following:
(1) A business process reengineering of the process
described in subsection (a).
(2) An assessment of applicable commercially available analytics tools, technologies, and services in connection with such
business process reengineering.
(3) Such other actions as the Assistant Secretary considers
appropriate for purposes of the analysis.

Subtitle B—Other Department of Defense
Organization and Management Matters
SEC. 911. REFORM OF THE DEPARTMENT OF DEFENSE.

(a) REFORM OF THE DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by inserting after section 125 the following new
section:
10 USC 125a.
Assessment.

Assessment.

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Deadline.
Policies.

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‘‘§ 125a. Reform: improvement of efficacy and efficiency
‘‘(a) IN GENERAL.—The Secretary of Defense shall take such
action as is necessary to reform the Department of Defense to
improve the efficacy and efficiency of the Department, and to
improve the ability of the Department to prioritize among and
assess the costs and benefits of covered elements of reform.
‘‘(b) POLICY.—The Secretary shall develop a policy and issue
guidance to implement reform within the Department and to
improve the ability of the Department to prioritize among and
assess the costs and benefits of covered elements of reform.
‘‘(c) FRAMEWORK FOR REFORM.—
‘‘(1) IN GENERAL.—Not later than February 1, 2022, the
Secretary shall establish policies, guidance, and a consistent
reporting framework to measure the progress of the Department
toward covered elements of reform, including by establishing
categories of reform, consistent metrics, and a process for
prioritization of reform activities.
‘‘(2) SCOPE.—The framework required by paragraph (1) may
address duties under the following:
‘‘(A) Section 125 of this title.
‘‘(B) Section 192 of this title.
‘‘(C) Section 2222 of this title.
‘‘(D) Section 1124 of title 31.
‘‘(E) Section 11319 of title 40.
‘‘(3) CONSULTATION.—The Secretary shall consult with the
Deputy Secretary of Defense, the Performance Improvement
Officer of the Department of Defense, the Chief Data Officer

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of the Department of Defense, the Chief Information Officer
of the Department of Defense, and the financial managers
of the military departments in carrying out activities under
this subsection.
‘‘(d) COVERED ELEMENTS OF REFORM.—For purposes of this
section and the policies, guidance, and reporting framework
required by subsection (c), covered elements of reform may include
the following:
‘‘(1) Business systems modernization.
‘‘(2) Enterprise business operations process re-engineering.
‘‘(3) Expanded and modernized collection, management,
dissemination, and visualization of data to support decisionmaking at all levels of the enterprise.
‘‘(4) Improvements in workforce training and education and
increasing capabilities of the Department workforce to support
and execute reform activities and business processes.
‘‘(5) Improvements to decision-making processes to enable
cost savings, cost avoidance, or investments to develop process
improvements.
‘‘(6) Such other elements as the Secretary considers appropriate.
‘‘(e) ANNUAL REPORT.—At the same time the budget of the
President for a fiscal year is submitted to Congress pursuant to
section 1105 of title 31, the Secretary shall, using the policies,
guidance, and reporting framework required by subsection (c),
submit to the congressional defense committees a report, including
detailed narrative justifications and tradeoff analyses between
options, on the actions of the Department as follows:
‘‘(1) The activities, expenditures, and accomplishments carried out or made to effect reform under this section during
the fiscal year in which such budget is submitted.
‘‘(2) The proposed activities, expenditures, and accomplishments to effect reform under this section, and consistent with
priorities established by the Secretary, during the fiscal year
covered by such budget and each of the four succeeding fiscal
years.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 3 of such title is amended by inserting
after the item relating to section 125 the following new item:

Proposals.

10 USC 121 prec.

‘‘125a. Reform: improvement of efficacy and efficiency.’’.

(b) IMPLEMENTING POLICIES, GUIDANCE, AND REPORTING FRAME-

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WORK.—

(1) SUBMITTAL TO CONGRESS.—Not later than March 1,
2022, the Secretary of Defense shall submit to the congressional
defense committees a report setting forth the policies, guidance,
and reporting framework established pursuant to subsection
(c) of section 125a of title 10, United States Code (as added
by subsection (a) of this section).
(2) UPDATE.—Not later than 90 days after the date of
the submittal to Congress of the report required by section
901(d) of this Act, the Secretary shall update the reporting
framework referred to in paragraph (1).
(c) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.—
Not later than 270 days after the date of the submittal to Congress
pursuant to subsection (b) of the policies, guidance, and reporting
framework established pursuant to subsection (c) of section 125a
of title 10, United States Code (as so added), the Comptroller

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10 USC 125a
note.
Reports.

Deadline.

Evaluation.
Review.

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General of the United States shall submit to the congressional
defense committees a report setting forth an evaluation, based
on a review by the Comptroller General of such policies, guidance,
and framework, to the extent to which the categories and metrics
in such policies, guidance, and reporting framework will enable
consistent measurement of progress in reform and prioritization
of reform of the Department.
SEC. 912. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE.
Analysis.

Section 129a(b) of title 10, United States Code, is amended
by adding at the end the following: ‘‘The Secretary may not reduce
the civilian workforce programmed full-time equivalent levels unless
the Secretary conducts an appropriate analysis of the impacts of
such reductions on workload, military force structure, lethality,
readiness, operational effectiveness, stress on the military force,
and fully burdened costs.’’.
SEC. 913. CHIEF DIVERSITY OFFICER AND SENIOR ADVISORS FOR
DIVERSITY AND INCLUSION.

(a) DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—Chapter 4 of title 10, United States Code,
as amended by section 905 of this Act, is further amended
by adding at the end the following new section:
10 USC 147.
Appointment.

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Time period.

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‘‘§ 147. Chief Diversity Officer
‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a Chief Diversity
Officer of the Department of Defense, who shall be appointed by
the Secretary of Defense.
‘‘(2) The Chief Diversity Officer shall be appointed from among
persons who have an extensive management or business background
and experience with diversity and inclusion. A person may not
be appointed as Chief Diversity Officer within three years after
relief from active duty as a commissioned officer of a regular component of an armed force.
‘‘(3) The Chief Diversity Officer shall report directly to the
Secretary of Defense in the performance of the duties of the Chief
Diversity Officer under this section.
‘‘(b) DUTIES.—The Chief Diversity Officer—
‘‘(1) is responsible for providing advice on policy, oversight,
guidance, and coordination for all matters of the Department
of Defense related to diversity and inclusion;
‘‘(2) advises the Secretary of Defense, the Secretaries of
the military departments, and the heads of all other elements
of the Department with regard to matters of diversity and
inclusion;
‘‘(3) shall establish and maintain a Department of Defense
strategic plan that publicly states a diversity definition, vision,
and goals for the Department;
‘‘(4) shall define a set of strategic metrics that are directly
linked to key organizational priorities and goals, actionable,
and actively used to implement the strategic plan under paragraph (3);
‘‘(5) shall advise in the establishment of training in diversity dynamics and training in practices for leading diverse
groups effectively;
‘‘(6) shall advise in the establishment of a strategic plan
for diverse participation by institutions of higher education
(including historically black colleges and universities and

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minority-serving institutions), federally funded research and
development centers, and individuals in defense-related
research, development, test, and evaluation activities;
‘‘(7) shall advise in the establishment of a strategic plan
for outreach to, and recruiting from, untapped locations and
underrepresented demographic groups;
‘‘(8) shall coordinate with, and be supported by, the Office
of People Analytics on studies, assessments, and related work
relevant to diversity and inclusion; and
‘‘(9) shall perform such additional duties and exercise such
powers as the Secretary of Defense may prescribe.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 4 of such title, as so amended, is further
amended by adding at the end the following new item:

10 USC 131 prec.

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‘‘147. Chief Diversity Officer.’’.

(b) SENIOR ADVISORS FOR DIVERSITY AND INCLUSION FOR THE
MILITARY DEPARTMENTS AND COAST GUARD.—
(1) APPOINTMENT REQUIRED.—Each Secretary of a military
department shall appoint within such military department a
Senior Advisor for Diversity and Inclusion for such military
department (and for the Armed Force or Armed Forces under
the jurisdiction of such Secretary). The Commandant of the
Coast Guard shall appoint a Senior Advisor for Diversity and
Inclusion for the Coast Guard.
(2) QUALIFICATIONS AND LIMITATION.—Each Senior Advisor
for Diversity and Inclusion shall be appointed from among
persons who have an extensive management or business background and experience with diversity and inclusion. A person
may not be appointed as Senior Advisor for Diversity and
Inclusion within three years after relief from active duty as
a commissioned officer of a regular component of an Armed
Force.
(3) REPORTING.—A Senior Advisor for Diversity and Inclusion shall report directly to the Secretary of the military department within which appointed. The Senior Advisor for Diversity
and Inclusion for the Coast Guard shall report directly to
the Commandant of the Coast Guard.
(4) DUTIES.—A Senior Advisor for Diversity and Inclusion,
with respect to the military department and Armed Force or
Armed Forces concerned—
(A) is responsible for providing advice, guidance, and
coordination for all matters related to diversity and inclusion;
(B) shall advise in the establishment of training in
diversity dynamics and training in practices for leading
diverse groups effectively;
(C) shall advise and assist in evaluations and assessments of diversity;
(D) shall develop a strategic diversity and inclusion
plan, which plan shall be consistent with the strategic
plan developed and maintained pursuant to subsection
(b)(3) of section 147 of title 10, United States Code (as
added by subsection (a) of this section);
(E) shall develop strategic goals and measures of
performance related to efforts to reflect the diverse population of the United States eligible to serve in the Armed
Forces, which goals and measures of performance shall

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Time period.

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10 USC 147 note.

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be consistent with the strategic metrics defined pursuant
to subsection (b)(4) of such section 147; and
(F) shall perform such additional duties and exercise
such powers as the Secretary of the military department
concerned or the Commandant of the Coast Guard, as
applicable, may prescribe.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on February 1, 2021.
SEC. 914. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE CONTENT DELIVERY METHODS WITHIN THE
DEFENSE MEDIA ACTIVITY.

Time period.
Reports.

(a) IN GENERAL.—No consolidation or transition to alternative
content delivery methods may occur within the Defense Media
Activity until a period of 180 days has elapsed following the date
on which the Secretary of Defense submits to the Committees
on Armed Services of the Senate and the House of Representatives
a report that identifies key aspects of the business case for alternative content delivery, and actions to mitigate risks, relating to
the following:
(1) The safety and security of members of the Armed Forces
and their families.
(2) The cybersecurity or security of content delivery to
members of the Armed Forces, whether through—
(A) vulnerabilities in the content delivery method concerned;
(B) vulnerabilities in the personal devices used by
members; or
(C) vulnerabilities in the receivers or streaming devices
necessary to accommodate the alternative content delivery
method.
(3) Costs or personal financial liabilities to members of
the Armed Forces or their families, whether through monthly
subscription fees or other tolls required to access digital content.
(4) Access to content with respect to bandwidth or other
technical limitations where members of the Armed Forces
receive content.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘alternative content delivery’’ means any
method of the Defense Media Activity for the delivery of digital
content that is different from a method used by the Activity
as of the date of the enactment of this Act.
(2) The term ‘‘consolidation’’, when used with respect to
the Defense Media Activity, means any action to reduce or
limit the functions, personnel, facilities, or capabilities of the
Activity, including entering into contracts or developing plans
for such reduction or limitation.

Subtitle C—Space Force Matters

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SEC. 921. OFFICE OF THE CHIEF OF SPACE OPERATIONS.

(a) IN GENERAL.—Chapter 908 of title 10, United States Code,
is amended by striking section 9083 and inserting the following
new sections:

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‘‘§ 9083. Office of the Chief of Space Operations: function;
composition
‘‘(a) FUNCTION.—There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations
to assist the Secretary of the Air Force in carrying out the responsibilities of the Secretary.
‘‘(b) COMPOSITION.—The Office of the Chief of Space Operations
is composed of the following:
‘‘(1) The Chief of Space Operations.
‘‘(2) Other members of the Space Force and Air Force
assigned or detailed to the Office of the Chief of Space Operations.
‘‘(3) Civilian employees in the Department of the Air Force
assigned or detailed to the Office of the Chief of Space Operations.
‘‘(c) ORGANIZATION.—Except as otherwise specifically prescribed
by law, the Office of the Chief of Space Operations shall be organized in such manner, and the members of the Office of the Chief
of Space Operations shall perform such duties and have such titles,
as the Secretary of the Air Force may prescribe.
‘‘§ 9084. Office of the Chief of Space Operations: general
duties
‘‘(a) PROFESSIONAL ASSISTANCE.—The Office of the Chief of
Space Operations shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the
Air Force and to the Chief of Space Operations.
‘‘(b) AUTHORITIES.—Under the authority, direction, and control
of the Secretary of the Air Force, the Office of the Chief of Space
Operations shall—
‘‘(1) subject to subsections (c) and (d) of section 9014 of
this title, prepare for such employment of the Space Force,
and for such recruiting, organizing, supplying, equipping
(including research and development), training, servicing, mobilizing, demobilizing, administering, and maintaining of the
Space Force, as will assist in the execution of any power,
duty, or function of the Secretary of the Air Force or the
Chief of Space Operations;
‘‘(2) investigate and report upon the efficiency of the Space
Force and its preparation to support military operations by
commanders of the combatant commands;
‘‘(3) prepare detailed instructions for the execution of
approved plans and supervise the execution of those plans
and instructions;
‘‘(4) as directed by the Secretary of the Air Force or the
Chief of Space Operations, coordinate the action of organizations of the Space Force; and
‘‘(5) perform such other duties, not otherwise assigned by
law, as may be prescribed by the Secretary of the Air Force.’’.
(b) TABLE OF SECTIONS.—The table of sections at the beginning
of chapter 908 of such title is amended by striking the item relating
to section 9083 and inserting the following new items:

10 USC 9083.

10 USC 9084.

10 USC 9081
prec.

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‘‘9083. Office of the Chief of Space Operations: function; composition.
‘‘9084. Office of the Chief of Space Operations: general duties.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date on which the Secretary of the Air
Force and the Chief of Space Operations jointly submit to the

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10 USC 9083
note.

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congressional defense committees a report detailing the functions
that the headquarters staff of the Department of the Air Force
will continue to perform in support of the Space Force.
(d) NO AUTHORIZATION OF ADDITIONAL MILITARY BILLETS.—
The Secretary shall establish the Office of the Chief of Space
Operations under section 9083 of title 10, United States Code,
as amended by subsection (a), using military personnel otherwise
authorized. Nothing in this section or the amendments made by
this section shall be construed to authorize additional military
billets for the purposes of, or in connection with, the establishment
of the Office of the Chief of Space Operations.

10 USC 9083
note.

SEC. 922. CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE
OPERATIONS AUTHORITIES.

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President.
Appointment.

President.
Waiver authority.

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(a) COMPOSITION OF SPACE FORCE.—Section 9081 of title 10,
United States Code, is amended by striking subsection (b) and
inserting the following new subsection (b):
‘‘(b) COMPOSITION.—The Space Force consists of—
‘‘(1) the Regular Space Force;
‘‘(2) all persons appointed or enlisted in, or conscripted
into, the Space Force, including those not assigned to units,
necessary to form the basis for a complete and immediate
mobilization for the national defense in the event of a national
emergency; and
‘‘(3) all Space Force units and other Space Force organizations, including installations and supporting and auxiliary combat, training, administrative, and logistic elements.’’.
(b) FUNCTIONS.—Section 9081 of title 10, United States Code,
is further amended—
(1) by striking subsection (c) and inserting the following
new subsection (c):
‘‘(c) FUNCTIONS.—The Space Force shall be organized, trained,
and equipped to—
‘‘(1) provide freedom of operation for the United States
in, from, and to space;
‘‘(2) conduct space operations; and
‘‘(3) protect the interests of the United States in space.’’;
and
(2) by striking subsection (d).
(c) CLARIFICATION OF CHIEF OF SPACE OPERATIONS AUTHORITIES.—Section 9082 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘general officers of
the Air Force’’ and inserting ‘‘general, flag, or equivalent
officers of the Space Force’’; and
(B) by adding at the end the following new paragraphs:
‘‘(3) The President may appoint an officer as Chief of Space
Operations only if—
‘‘(A) the officer has had significant experience in joint duty
assignments; and
‘‘(B) such experience includes at least one full tour of duty
in a joint duty assignment (as defined in section 664(d) of
this title) as a general, flag, or equivalent officer of the Space
Force.
‘‘(4) The President may waive paragraph (3) in the case of
an officer if the President determines such action is necessary
in the national interest.’’;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3807

(2) in subsection (b), by striking ‘‘grade of general’’ and
inserting ‘‘grade in the Space Force equivalent to the grade
of general in the Army, Air Force, and Marine Corps, or admiral
in the Navy’’; and
(3) in subsection (d)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (5) as paragraph (6);
and
(C) by inserting after paragraph (4) the following new
paragraph (5):
‘‘(5) perform duties prescribed for the Chief of Space Operations by sections 171 and 2547 of this title and other provision
of law; and’’.
(d) REGULAR SPACE FORCE.—Chapter 908 of title 10, United
States Code, as amended by section 921 of this Act, is further
amended by adding at the end the following new section:
‘‘§ 9085. Regular Space Force: composition
‘‘(a) IN GENERAL.—The Regular Space Force is the component
of the Space Force that consists of persons whose continuous service
on active duty in both peace and war is contemplated by law,
and of retired members of the Regular Space Force.
‘‘(b) COMPOSITION.—The Regular Space Force includes—
‘‘(1) the officers and enlisted members of the Regular Space
Force; and
‘‘(2) the retired officers and enlisted members of the Regular
Space Force.’’.
(e) TABLE OF SECTIONS.—The table of sections at the beginning
of chapter 908 of title 10, United States Code, as so amended,
is further amended by adding at the end the following new item:

10 USC 9085.

10 USC 9081
prec.

‘‘9085. Regular Space Force: composition.’’.
SEC. 923. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN TITLE 10, UNITED STATES CODE.

(a) SUBTITLE.—
(1) HEADING.—The heading of subtitle D of title 10, United
States Code, is amended to read as follows:

10 USC 9011
prec.

‘‘Subtitle D—Air Force and Space Force’’.
(2) TABLE OF SUBTITLES.—The table of subtitles at the
beginning of such title is amended is amended by striking
the item relating to subtitle D and inserting the following
new item:

10 USC 101 prec.

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‘‘D. Air Force and Space Force ....................................................................... 9011’’.

(b) ORGANIZATION.—
(1) SECRETARY OF THE AIR FORCE.—Section 9013 of title
10, United States Code, is amended—
(A) in subsection (f), by inserting ‘‘and officers of the
Space Force’’ after ‘‘Officers of the Air Force’’; and
(B) in subsection (g)(1), by inserting ‘‘, members of
the Space Force,’’ after ‘‘members of the Air Force’’.
(2) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section
9014 of such title is amended—
(A) in subsection (b), by striking paragraph (4) and
inserting the following new paragraph (4):

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134 STAT. 3808

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(4) The Inspector General of the Department of the Air
Force.’’;
(B) in subsection (c)—
(i) in paragraph (1), by striking ‘‘and the Air Staff’’
and inserting ‘‘, the Air Staff, and the Office of the
Chief of Space Operations’’;
(ii) in paragraph (2), by inserting ‘‘or the Office
of the Chief of Space Operations’’ after ‘‘the Air Staff’’;
(iii) in paragraph (3), by striking ‘‘to the Chief
of Staff and to the Air Staff’’ and all that follows
through the end and inserting ‘‘to the Chief of Staff
of the Air Force and the Air Staff, and to the Chief
of Space Operations and the Office of the Chief of
Space Operations, and shall ensure that each such
office or entity provides the Chief of Staff and Chief
of Space Operations such staff support as the Chief
concerned considers necessary to perform the Chief’s
duties and responsibilities.’’; and
(iv) in paragraph (4)—
(I) by inserting ‘‘and the Office of the Chief
of Space Operations’’ after ‘‘the Air Staff’’; and
(II) by inserting ‘‘and the Chief of Space Operations’’ after ‘‘Chief of Staff’’;
(C) in subsection (d)—
(i) in paragraph (1), by striking ‘‘and the Air Staff’’
and inserting ‘‘, the Air Staff, and the Office of the
Chief of Space Operations’’;
(ii) in paragraph (2), by inserting ‘‘and the Office
of the Chief of Space Operations’’ after ‘‘the Air Staff’’;
and
(iii) in paragraph (4), by striking ‘‘to the Chief
of Staff of the Air Force and to the Air Staff’’ and
all that follows through the end and inserting ‘‘to the
Chief of Staff of the Air Force and the Air Staff, and
to the Chief of Space Operations and the Office of
the Chief of Space Operations, and shall ensure that
each such office or entity provides the Chief of Staff
and Chief of Space Operations such staff support as
the Chief concerned considers necessary to perform
the Chief’s duties and responsibilities.’’; and
(D) in subsection (e)—
(i) by striking ‘‘and the Air Staff’’ and inserting
‘‘, the Air Staff, and the Office of the Chief of Space
Operations’’; and
(ii) by striking ‘‘to the other’’ and inserting ‘‘to
any of the others’’.
(3) SECRETARY OF THE AIR FORCE: SUCCESSORS TO DUTIES.—
Section 9017 of such title is amended by adding at the end
the following new paragraph:
‘‘(5) The Chief of Space Operations.’’.
(4) INSPECTOR GENERAL.—Section 9020 of such title is
amended—
(A) in subsection (a)—
(i) by inserting ‘‘Department of the’’ after
‘‘Inspector General of the’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3809

(ii) by inserting ‘‘or the general, flag, or equivalent
officers of the Space Force’’ after ‘‘general officers of
the Air Force’’;
(B) in subsection (b)—
(i) in the matter preceding paragraph (1), by
striking ‘‘or the Chief of Staff’’ and inserting ‘‘, the
Chief of Staff of the Air Force, or the Chief of Space
Operations’’;
(ii) in paragraph (1), by inserting ‘‘Department
of the’’ before ‘‘Air Force’’; and
(iii) in paragraph (2), by striking ‘‘or the Chief
of Staff’’ and inserting ‘‘, the Chief of Staff, or the
Chief of Space Operations’’ ; and
(C) in subsection (e), by inserting ‘‘or the Space Force’’
before ‘‘for a tour of duty’’.
(5) THE AIR STAFF: FUNCTION; COMPOSITION.—Section
9031(b)(8) of such title is amended by inserting ‘‘or the Space
Force’’ after ‘‘of the Air Force’’.
(6) SURGEON GENERAL: APPOINTMENT; DUTIES.—Section
9036(b) of such title is amended—
(A) in paragraph (1), by striking ‘‘Secretary of the
Air Force and the Chief of Staff of the Air Force on all
health and medical matters of the Air Force’’ and inserting
‘‘Secretary of the Air Force, the Chief of Staff of the Air
Force, and the Chief of Space Operations on all health
and medical matters of the Air Force and the Space Force’’;
and
(B) in paragraph (2)—
(i) by inserting ‘‘and the Space Force’’ after ‘‘of
the Air Force’’ the first place it appears; and
(ii) by inserting ‘‘and members of the Space Force’’
after ‘‘of the Air Force’’ the second place it appears.
(7) JUDGE ADVOCATE GENERAL, DEPUTY JUDGE ADVOCATE
GENERAL: APPOINTMENT; DUTIES.—Section 9037 of such title
is amended—
(A) in subsection (e)(2)(B), by inserting ‘‘or the Space
Force’’ after ‘‘of the Air Force’’; and
(B) in subsection (f)(1), by striking ‘‘the Secretary of
the Air Force or the Chief of Staff of the Air Force’’ and
inserting ‘‘the Secretary of the Air Force, the Chief of
Staff of the Air Force, or the Chief of Space Operations’’.
(8) CHIEF OF CHAPLAINS: APPOINTMENT; DUTIES.—Section
9039(a) of such title is amended by striking ‘‘in the Air Force’’
and inserting ‘‘for the Air Force and the Space Force’’.
(9) PROVISION OF CERTAIN PROFESSIONAL FUNCTIONS FOR
THE SPACE FORCE.—Section 9063 of such title is amended—
(A) in subsections (a) through (i), by striking ‘‘in the
Air Force’’ each place it appears and inserting ‘‘in the
Air Force and the Space Force’’; and
(B) in subsection (i), as amended by subparagraph
(A), by inserting ‘‘or the Space Force’’ after ‘‘members of
the Air Force’’.
(c) PERSONNEL.—
(1) GENDER-FREE BASIS FOR ACCEPTANCE OF ORIGINAL
ENLISTMENTS.—

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134 STAT. 3810

PUBLIC LAW 116–283—JAN. 1, 2021
(A) IN GENERAL.—Section 9132 of title 10, United
States Code, is amended by inserting ‘‘or the Regular Space
Force’’ after ‘‘Regular Air Force’’.
(B) HEADING.—The heading of such section 9132 is
amended to read as follows:

‘‘§ 9132. Regular Air Force and Regular Space Force: genderfree basis for acceptance of original enlistments’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 913 of such title is amended by
striking the item relating to section 9132 and inserting
the following new item:

10 USC 9131
prec.

‘‘9132. Regular Air Force and Regular Space Force: gender-free basis for acceptance
of original enlistments.’’.

(2) REENLISTMENT AFTER SERVICE AS AN OFFICER.—
(A) IN GENERAL.—Section 9138 of such title is amended
in subsection (a)—
(i) by inserting ‘‘or the Regular Space Force’’ after
‘‘Regular Air Force’’ both places it appears; and
(ii) by inserting ‘‘or the Space Force’’ after ‘‘officer
of the Air Force’’ both places it appears.
(B) HEADING.—The heading of such section 9132 is
amended to read as follows:
‘‘§ 9132. Regular Air Force and Regular Space Force: reenlistment after service as an officer’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 913 of such title, as amended by
paragraph (1)(C), is further by striking the item relating
to section 9138 and inserting the following new item:

10 USC 9131
prec.

‘‘9138. Regular Air Force and Regular Space Force: reenlistment after service as an
officer.’’.

(3) APPOINTMENTS IN THE REGULAR AIR FORCE AND REGULAR
SPACE FORCE.—
(A) IN GENERAL.—Section 9160 of such title is
amended—
(i) by inserting ‘‘or the Regular Space Force’’ after
‘‘Regular Air Force’’; and
(ii) by inserting ‘‘or the Space Force’’ before the
period.
(B) CHAPTER HEADING.—The heading of chapter 915
of such title is amended to read as follows:

10 USC 9151
prec.

‘‘CHAPTER 915—APPOINTMENTS IN THE REGULAR AIR
FORCE AND THE REGULAR SPACE FORCE’’.
(C) TABLES OF CHAPTERS.—The table of chapters at
the beginning of subtitle D of such title, and at the beginning of part II of subtitle D of such title, are each amended
by striking the item relating to chapter 915 and inserting
the following new item:

10 USC 9011
prec., 9110 prec.

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‘‘915. Appointments in the Regular Air Force and the Regular Space
Force ........................................................................................................ 9151’’.

(4) RETIRED COMMISSIONED OFFICERS: STATUS.—Section
9203 of such title is amended by inserting ‘‘or the Space Force’’
after ‘‘the Air Force’’.

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(5) DUTIES: CHAPLAINS; ASSISTANCE REQUIRED OF COMMANDING OFFICERS.—Section 9217(a) of such title is amended
by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’.
(6) RANK: COMMISSIONED OFFICERS SERVING UNDER TEMPORARY APPOINTMENTS.—Section 9222 of such title is amended
by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ both
places it appears.
(7) REQUIREMENT OF EXEMPLARY CONDUCT.—Section 9233
of such title is amended—
(A) in the matter preceding paragraph (1), by inserting
‘‘and in the Space Force’’ after ‘‘the Air Force’’; and
(B) in paragraphs (3) and (4), by inserting ‘‘or the
Space Force, respectively’’ after ‘‘the Air Force’’.
(8) ENLISTED MEMBERS: OFFICERS NOT TO USE AS SERVANTS.—Section 9239 of such title is amended by inserting ‘‘or
the Space Force’’ after ‘‘Air Force’’ both places it appears.
(9) PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT.—Section 9251(a) of such title is amended by inserting
‘‘or the Space Force’’ after ‘‘member of the Air Force’’.
(10) SERVICE CREDIT: REGULAR ENLISTED MEMBERS; SERVICE
AS AN OFFICER TO BE COUNTED AS ENLISTED SERVICE.—Section
9252 of such title is amended—
(A) by inserting ‘‘or the Regular Space Force’’ after
‘‘Regular Air Force’’; and
(B) by inserting ‘‘in the Space Force,’’ after ‘‘in the
Air Force,’’.
(11) WHEN SECRETARY MAY REQUIRE HOSPITALIZATION.—
Section 9263 of such title is amended by inserting ‘‘or the
Space Force’’ after ‘‘member of the Air Force’’.
(12) DECORATIONS AND AWARDS.—
(A) IN GENERAL.—Chapter 937 of such title is amended
by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’
each place it appears in the following provisions:
(i) Section 9271.
(ii) Section 9272.
(iii) Section 9273.
(iv) Section 9276.
(v) Section 9281 other than the first place it
appears in subsection (a).
(vi) Section 9286(a) other than the first place it
appears.
(B) MEDAL OF HONOR; AIR FORCE CROSS; DISTINGUISHED-SERVICE MEDAL: DELEGATION OF POWER TO
AWARD.—Section 9275 of such title is amended by inserting
before the period at the end the following: ‘‘, or to an
equivalent commander of a separate space force or higher
unit in the field’’.
(13) TWENTY YEARS OR MORE: REGULAR OR RESERVE COMMISSIONED OFFICERS.—Section 9311(a) of such title is amended
by inserting ‘‘or the Space Force’’ after ‘‘officer of the Air Force’’.
(14) TWENTY TO THIRTY YEARS: ENLISTED MEMBERS.—Section 9314 of such title is amended by inserting ‘‘or the Space
Force’’ after ‘‘member of the Air Force’’.
(15) THIRTY YEARS OR MORE: REGULAR ENLISTED MEMBERS.—Section 9317 of such title is amended by inserting ‘‘or
the Space Force’’ after ‘‘Air Force’’.

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PUBLIC LAW 116–283—JAN. 1, 2021
(16) THIRTY YEARS OR MORE: REGULAR COMMISSIONED OFFICERS.—Section 9318 of such title is amended by inserting ‘‘or
the Space Force’’ after ‘‘Air Force’’.
(17) FORTY YEARS OR MORE: AIR FORCE OFFICERS.—
(A) IN GENERAL.—Section 9324 of such title is amended
in subsections (a) and (b) by inserting ‘‘or the Space Force’’
after ‘‘Air Force’’.
(B) HEADING.—The heading of such section 9324 is
amended to read as follows:

10 USC 9311
prec.

‘‘§ 9324. Forty years or more: Air Force officers and Space
Force officers’’.
(C) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of chapter 941 of such title is
amended by striking the item relating to section 9324
and inserting the following new item:
‘‘9324. Forty years or more: Air Force officers and Space Force officers.’’.

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(18) COMPUTATION OF YEARS OF SERVICE: VOLUNTARY
RETIREMENT; ENLISTED MEMBERS.—Section 9325(a) of such title
is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
(19) COMPUTATION OF YEARS OF SERVICE: VOLUNTARY
RETIREMENT; REGULAR AND RESERVE COMMISSIONED OFFICERS.—
(A) IN GENERAL.—Section 9326(a) of such title is
amended—
(i) in the matter preceding paragraph (1), by
inserting ‘‘or the Space Force’’ after ‘‘of the Air Force’’;
and
(ii) in paragraph (1), by striking ‘‘or the Air Force’’
and inserting ‘‘, the Air Force, or the Space Force’’.
(B) TECHNICAL AMENDMENTS.—Such section 9326(a) is
further amended by striking ‘‘his’’ each place it appears
and inserting ‘‘the officer’s’’.
(20) COMPUTATION OF RETIRED PAY: LAW APPLICABLE.—Section 9329 of such title is amended by inserting ‘‘or the Space
Force’’ after ‘‘Air Force’’.
(21) RETIRED GRADE.—
(A) HIGHER GRADE AFTER 30 YEARS OF SERVICE: WARRANT OFFICERS AND ENLISTED MEMBERS.—Section 9344 of
such title is amended—
(i) in subsection (a), by inserting ‘‘or the Space
Force’’ after ‘‘member of the Air Force’’; and
(ii) in subsection (b)—
(I) in paragraphs (1) and (3), by inserting ‘‘or
the Space Force’’ after ‘‘Air Force’’ each place it
appears; and
(II) in paragraph (2), by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’.
(B) RESTORATION TO FORMER GRADE: RETIRED WARRANT
OFFICERS AND ENLISTED MEMBERS.—Section 9345 of such
title is amended by inserting ‘‘or the Space Force’’ after
‘‘member of the Air Force’’.
(C) RETIRED LISTS.—Section 9346 of such title is
amended—
(i) in subsections (a) and (d), by inserting ‘‘or the
Regular Space Force’’ after ‘‘Regular Air Force’’;
(ii) in subsection (b)(1), by inserting before the
semicolon the following: ‘‘, or for commissioned officers

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134 STAT. 3813

of the Space Force other than of the Regular Space
Force’’; and
(iii) in subsections (b)(2) and (c), by inserting ‘‘or
the Space Force’’ after ‘‘Air Force’’.
(22) RECOMPUTATION OF RETIRED PAY TO REFLECT ADVANCEMENT ON RETIRED LIST.—Section 9362(a) of such title is
amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
(23) FATALITY REVIEWS.—Section 9381(a) of such title is
amended in paragraphs (1), (2), and (3) by inserting ‘‘or the
Space Force’’ after ‘‘Air Force’’.
(d) TRAINING.—
(1) MEMBERS OF AIR FORCE: DETAIL AS STUDENTS,
OBSERVERS, AND INVESTIGATORS AT EDUCATIONAL INSTITUTIONS,
INDUSTRIAL PLANTS, AND HOSPITALS.—
(A) IN GENERAL.—Section 9401 of title 10, United
States Code, is amended—
(i) in subsection (a), by inserting ‘‘and members
of the Space Force’’ after ‘‘members of the Air Force’’;
(ii) in subsection (b), by inserting ‘‘or the Regular
Space Force’’ after ‘‘Regular Air Force’’;
(iii) in subsection (c),by inserting ‘‘or Reserve of
the Space Force’’ after ‘‘Reserve of the Air Force’’;
(iv) in subsection (e), by inserting ‘‘or the Space
Force’’ after ‘‘Air Force’’; and
(v) in subsection (f)—
(I) by inserting ‘‘or the Regular Space Force’’
after ‘‘Regular Air Force’’; and
(II) by inserting ‘‘or the Space Force Reserve’’
after ‘‘the reserve components of the Air Force’’.
(B) TECHNICAL AMENDMENTS.—Subsection (c) of such
section 9401 is further amended—
(i) by striking ‘‘his’’ and inserting ‘‘the Reserve’s’’;
and
(ii) by striking ‘‘he’’ and inserting ‘‘the Reserve’’,
(C) HEADING.—The heading of such section 9401 is
amended to read as follows:
‘‘§ 9401. Members of Air Force and Space Force: detail as
students, observers and investigators at educational institutions, industrial plants, and hospitals’’.
(D) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 951 of such title is amended by
striking the item relating to section 9401 and inserting
the following new item:

10 USC 9401
prec.

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‘‘9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.’’.

(2) ENLISTED MEMBERS OF AIR FORCE: SCHOOLS.—
(A) IN GENERAL.—Section 9402 of such title is
amended—
(i) in subsection (a)—
(I) in the first sentence, by inserting ‘‘and
enlisted members of the Space Force’’ after ‘‘members of the Air Force’’; and
(II) in the third sentence, by inserting ‘‘and
Space Force officers’’ after ‘‘Air Force officers’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021
(ii) in subsection (b), by inserting ‘‘or the Space
Force’’ after ‘‘Air Force’’ each place it appears.
(B) HEADING.—The heading of such section 9402 is
amended to read as follows:

10 USC 9401
prec.

‘‘§ 9402. Enlisted members Air Force or Space Force: schools’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 951 of such title is amended by
striking the item relating to section 9402 and inserting
the following new item:
‘‘9402. Enlisted members of Air Force or Space Force: schools.’’.

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(3) SERVICE SCHOOLS: LEAVES OF ABSENCE FOR INSTRUCTORS.—Section 9406 of such title is amended by inserting ‘‘or
Space Force’’ after ‘‘Air Force’’.
(4) DEGREE GRANTING AUTHORITY FOR UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY.—Section 9414(d)(1) of such
title is amended by inserting ‘‘or the Space Force’’ after ‘‘needs
of the Air Force’’.
(5) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY:
ADMINISTRATION.—Section 9414b(a)(2) is amended—
(A) by inserting ‘‘or the Space Force’’ after ‘‘the Air
Force’’ each place it appears; and
(B) in subparagraph (B), by inserting ‘‘or the equivalent
grade in the Space Force’’ after ‘‘brigadier general’’.
(6) COMMUNITY COLLEGE OF THE AIR FORCE: ASSOCIATE
DEGREES.—Section 9415 of such title is amended—
(A) in subsection (a) in the matter preceding paragraph
(1), by striking ‘‘in the Air Force’’ and inserting ‘‘in the
Department of the Air Force’’; and
(B) in subsection (b)—
(i) in paragraph (1), by inserting ‘‘or the Space
Force’’ after ‘‘Air Force’’;
(ii) in paragraph (2), by striking ‘‘other than’’ and
all that follows through the end and inserting ‘‘other
than the Air Force or the Space Force who are serving
as instructors at Department of the Air Force training
schools.’’; and
(iii) in paragraph (3), by inserting ‘‘or the Space
Force’’ after ‘‘Air Force’’.
(7) AIR FORCE ACADEMY ESTABLISHMENT; SUPERINTENDENT;
FACULTY.—Section 9431(a) of such title is amended by striking
‘‘Air Force cadets’’ and inserting ‘‘cadets’’.
(8) AIR FORCE ACADEMY SUPERINTENDENT; FACULTY:
APPOINTMENT AND DETAIL.—Section 9433(a) of such title is
amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
(9) AIR FORCE ACADEMY PERMANENT PROFESSORS; DIRECTOR
OF ADMISSIONS.—
(A) IN GENERAL.—Section 9436 of such title is
amended—
(i) in subsection (a)—
(I) in the first sentence, by inserting ‘‘in the
Air Force or the equivalent grade in the Space
Force’’ after ‘‘colonel’’;
(II) in the second sentence, by inserting ‘‘and
a permanent professor appointed from the Regular
Space Force has the grade equivalent to the grade

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134 STAT. 3815

of colonel in the Regular Air Force’’ after ‘‘grade
of colonel’’; and
(III) in the third sentence, by inserting ‘‘in
the Air Force or the equivalent grade in the Space
Force’’ after ‘‘lieutenant colonel’’; and
(ii) in subsection (b)—
(I) in the first sentence, ‘‘in the Air Force
or the equivalent grade in the Space Force’’ after
‘‘colonel’’ each place it appears; and
(II) in the second sentence, by inserting ‘‘and
a person appointed from the Regular Space Force
has the grade equivalent to the grade of colonel
in the Regular Air Force’’ after ‘‘grade of colonel’’.
(B) TECHNICAL AMENDMENTS.—Subsections (a) and (b)
of such section 9436 are further amended by striking ‘‘he’’
each place it appears and inserting ‘‘such person’’.
(10) CADETS: APPOINTMENT; NUMBERS, TERRITORIAL DISTRIBUTION.—
(A) IN GENERAL.—Section 9442 of such title is
amended—
(i) by striking ‘‘Air Force Cadets’’ each place it
appears and inserting ‘‘cadets’’; and
(ii) in subsection (b)(2), by inserting ‘‘or the Regular
Space Force’’ after ‘‘Regular Air Force’’.
(B) TECHNICAL AMENDMENT.—Subsection (b)(4) of such
section 9442 is amended by striking ‘‘him’’ and inserting
‘‘the Secretary’’.
(11) CADETS: AGREEMENT TO SERVE AS OFFICER.—Section
9448(a) of such title is amended—
(A) in paragraph (2)(A), by inserting ‘‘or the Regular
Space Force’’ after ‘‘Regular Air Force’’; and
(B) in paragraph (3)(A), by inserting before the semicolon the following: ‘‘or as a Reserve in the Space Force
for service in the Space Force Reserve’’.
(12) CADETS: ORGANIZATION; SERVICE; INSTRUCTION.—Section 9449 of such title is amended by striking subsection (d).
(13) CADETS: HAZING.—Section 9452(c) of such title is
amended—
(A) by striking ‘‘an Air Force cadet’’ and inserting
‘‘a cadet’’; and
(B) by striking ‘‘or Marine Corps’’ and inserting
‘‘Marine Corps, or Space Force’’.
(14) CADETS: DEGREE AND COMMISSION ON GRADUATION.—
Section 9453(b) of such title is amended by inserting ‘‘or in
the equivalent grade in the Regular Space Force’’ after ‘‘Regular
Air Force’’.
(15) SUPPORT OF ATHLETIC PROGRAMS.—Section 9462(c)(2)
of such title is amended by striking ‘‘personnel of the Air
Force’’ and inserting ‘‘personnel of the Department of the Air
Force’’.
(16) SCHOOLS AND CAMPS: ESTABLISHMENT: PURPOSE.—Section 9481 of such title is amended—
(A) by inserting ‘‘, the Space Force,’’ after ‘‘members
of the Air Force,’’; and
(B) by inserting ‘‘or the Space Force Reserve’’ after
‘‘the Air Force Reserve’’.

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134 STAT. 3816

PUBLIC LAW 116–283—JAN. 1, 2021
(17) SCHOOLS AND CAMPS: OPERATION.—Section 9482 of
such title is amended—
(A) in paragraph (4), by inserting ‘‘or the Regular Space
Force’’ after ‘‘Regular Air Force’’; and
(B) in paragraph (7), in the matter preceding subparagraph (A), by inserting ‘‘or Space Force’’ after ‘‘Air Force’’.
(e) SERVICE, SUPPLY, AND PROCUREMENT.—
(1) EQUIPMENT: BAKERIES, SCHOOLS, KITCHENS, AND MESS
HALLS.—Section 9536 of title 10, United States Code, is
amended in the matter preceding paragraph (1) by inserting
‘‘or the Space Force’’ after ‘‘the Air Force’’.
(2) RATIONS.—Section 9561 of such title is amended—
(A) in subsection (a)—
(i) in the first sentence, by inserting ‘‘and the
Space Force ration’’ after ‘‘the Air Force ration’’; and
(ii) in the second sentence, by inserting ‘‘or the
Space Force’’ after ‘‘the Air Force’’; and
(B) in subsection (b), by inserting ‘‘or the Space Force’’
after ‘‘the Air Force’’.
(3) CLOTHING.—Section 9562 of such title is amended by
inserting ‘‘and members of the Space Force’’ after ‘‘the Air
Force’’.
(4) CLOTHING: REPLACEMENT WHEN DESTROYED TO PREVENT
CONTAGION.—Section 9563 of such title is amended by inserting
‘‘or the Space Force’’ after ‘‘member of the Air Force’’.
(5) COLORS, STANDARDS, AND GUIDONS OF DEMOBILIZED
ORGANIZATIONS: DISPOSITION.—Section 9565 of such title is
amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘or the Space Force’’ after ‘‘organizations
of the Air Force’’; and
(B) in subsection (b), by inserting ‘‘or the Space Force’’
after ‘‘the Air Force’’.
(6) UTILITIES: PROCEEDS FROM OVERSEAS OPERATIONS.—Section 9591 of such title is amended by inserting ‘‘or the Space
Force’’ after ‘‘the Air Force’’.
(7) QUARTERS: HEAT AND LIGHT.—Section 9593 of such title
is amended by inserting ‘‘and members of the Space Force’’
after ‘‘the Air Force’’.
(8) AIR FORCE MILITARY HISTORY INSTITUTE: FEE FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC.—
(A) IN GENERAL.—Section 9594 of such title is
amended—
(i) in subsections (a) and (d), by inserting ‘‘Department of the’’ before ‘‘Air Force Military History’’ each
place it appears; and
(ii) in subsection (e)(1)—
(I) by inserting ‘‘Department of the’’ before
‘‘Air Force Military History’’; and
(II) by inserting ‘‘and the Space Force’’ after
‘‘materials of the Air Force’’.
(B) HEADING.—The heading of such section 9594 is
amended to read as follows:

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134 STAT. 3817

‘‘§ 9594. Department of the Air Force Military History
Institute: fee for providing historical information
to the public’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 967 of such title is amended by
striking the item relating to section 9594 and inserting
the following new item:

10 USC 9591
prec.

‘‘9594. Department of the Air Force Military History Institute: fee for providing historical information to the public.’’.

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(9) SUBSISTENCE AND OTHER SUPPLIES: MEMBERS OF ARMED
FORCES; VETERANS; EXECUTIVE OR MILITARY DEPARTMENTS AND
EMPLOYEES; PRICES.—Section 9621 of such title is amended—
(A) in subsection (a)—
(i) in paragraph (1), by inserting ‘‘and members
of the Space Force’’ after ‘‘the Air Force’’; and
(ii) in paragraph (2), by inserting ‘‘and officers
of the Space Force’’ after ‘‘the Air Force’’;
(B) in subsection (b), by inserting ‘‘or the Space Force’’
after ‘‘the Air Force’’;
(C) in subsection (c), by inserting ‘‘or the Space Force’’
after ‘‘the Air Force’’;
(D) in subsection (d), by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force’’;
(E) in subsection (e)—
(i) by inserting ‘‘or the Space Force’’ after ‘‘the
Air Force’’ the first place it appears; and
(ii) by inserting ‘‘or the Space Force, respectively’’
after ‘‘the Air Force’’ the second place it appears;
(F) in subsection (f), by inserting ‘‘or the Space Force’’
after ‘‘the Air Force’’; and
(G) in subsection (h)—
(i) by inserting ‘‘or the Space Force’’ after ‘‘the
Air Force’’ the first place it appears; and
(ii) by inserting ‘‘or members of the Space Force’’
after ‘‘members of the Air Force’’.
(10) RATIONS: COMMISSIONED OFFICERS IN FIELD.—Section
9622 of such title is amended by inserting ‘‘and commissioned
officers of the Space Force’’ after ‘‘officers of the Air Force’’.
(11) MEDICAL SUPPLIES: CIVILIAN EMPLOYEES OF THE AIR
FORCE.—Section 9624(a) of such title is amended—
(A) by striking ‘‘air base’’ and inserting ‘‘Air Force
or Space Force military installation’’; and
(B) by striking ‘‘Air Force when’’ and inserting ‘‘Department of the Air Force when’’.
(12) ORDNANCE PROPERTY: OFFICERS OF ARMED FORCES;
CIVILIAN EMPLOYEES OF AIR FORCE.—
(A) IN GENERAL.—Section 9625 of such title is
amended—
(i) in subsection (a), by inserting ‘‘or the Space
Force’’ after ‘‘officers of the Air Force’’; and
(ii) in subsection (b), by striking ‘‘the Air Force’’
and inserting ‘‘the Department of the Air Force’’.
(B) HEADING.—The heading of such section is amended
to read as follows:

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10 USC 9621
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 9625. Ordnance property: officers of the armed forces;
civilian employees of the Department of the Air
Force; American National Red Cross; educational
institutions; homes for veterans’ orphans’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 969 of such title is amended by
striking the item relating to section 9625 and inserting
the following new item:
‘‘9625. Ordnance property: officers of the armed forces; civilian employees of the Department of the Air Force; American National Red Cross; educational institutions; homes for veterans’ orphans.’’.

10 USC 9771
prec.

(13) SUPPLIES: EDUCATIONAL INSTITUTIONS.—Section 9627
of such title is amended—
(A) by inserting ‘‘or the Space Force’’ after ‘‘for the
Air Force’’;
(B) by inserting ‘‘or the Space Force’’ after ‘‘officer
of the Air Force’’; and
(C) by striking ‘‘air science and tactics’’ and inserting
‘‘science and tactics’’.
(14) SUPPLIES: MILITARY INSTRUCTION CAMPS.—Section 9654
of such title is amended—
(A) by inserting ‘‘or Space Force’’ after ‘‘an Air Force’’;
and
(B) by striking ‘‘air science and tactics’’ and inserting
‘‘science and tactics’’.
(15) DISPOSITION OF EFFECTS OF DECEASED PERSONS BY
SUMMARY COURT-MARTIAL.—Section 9712(a)(1) of such title is
amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’.
(16) ACCEPTANCE OF DONATIONS: LAND FOR MOBILIZATION,
TRAINING, SUPPLY BASE, OR AVIATION FIELD.—
(A) IN GENERAL.—Section 9771 of such title is amended
in paragraph (2) by inserting ‘‘or space mission-related
facility’’ after ‘‘aviation field’’.
(B) HEADING.—The heading of such section 9771 is
amended to read as follows:
‘‘§ 9771. Acceptance of donations: land for mobilization,
training, supply base, aviation field, or space mission-related facility’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 979 of such title is amended by
striking the item relating to section 9771 and inserting
the following new item:
‘‘9771. Acceptance of donations: land for mobilization, training, supply base, aviation
field, or space mission-related facility.’’.

(17) ACQUISITION

AND

CONSTRUCTION:

AIR

BASES

AND

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DEPOTS.—

(A) IN GENERAL.—Section 9773 of such title is
amended—
(i) in subsection (a)—
(I) by striking ‘‘permanent air bases’’ and
inserting ‘‘permanent Air Force and Space Force
military installations’’;
(II) by striking ‘‘existing air bases’’ and
inserting ‘‘existing installations’’; and
(III) by inserting ‘‘or the Space Force’’ after
‘‘training of the Air Force’’;

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134 STAT. 3819

(ii) in subsections (b) and (c), by striking ‘‘air bases’’
each place it appears and inserting ‘‘installations’’;
(iii) in subsection (b)(7), by inserting ‘‘or Space
Force’’ after ‘‘Air Force’’;
(iv) in subsection (c)—
(I) in paragraph (1), by inserting ‘‘or Space
Force’’ after ‘‘Air Force’’; and
(II) in paragraphs (3) and (4), by inserting
‘‘or the Space Force’’ after ‘‘the Air Force’’ both
places it appears; and
(v) in subsection (f), by striking ‘‘air base’’ and
inserting ‘‘installation’’.
(B) HEADING.—The heading of such section 9773 is
amended to read as follows:
‘‘§ 9773. Acquisition and construction: installations and
depots’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 979 of such title is amended by
striking the item relating to section 9773 and inserting
the following new item:

10 USC 9771
prec.

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‘‘9773. Acquisition and construction: installations and depots.’’.

(18) EMERGENCY CONSTRUCTION: FORTIFICATIONS.—Section
9776 of such title is amended by striking ‘‘air base’’ and
inserting ‘‘installation’’.
(19) USE OF PUBLIC PROPERTY.—Section 9779 of such title
is amended—
(A) in subsection (a), by inserting ‘‘or the Space Force’’
after ‘‘economy of the Air Force’’; and
(B) in subsection (b), by inserting ‘‘or the Space Force’’
after ‘‘support of the Air Force’’.
(20) DISPOSITION OF REAL PROPERTY AT MISSILE SITES.—
Section 9781(a)(2) of such title is amended—
(A) in the matter preceding subparagraph (A), by
striking ‘‘Air Force’’ and inserting ‘‘Department of the Air
Force’’;
(B) in subparagraph (A), by striking ‘‘Air Force’’ the
first two places it appears and inserting ‘‘Department of
the Air Force’’; and
(C) in subparagraph (C), by striking ‘‘Air Force’’ and
inserting ‘‘Department of the Air Force’’.
(21) MAINTENANCE AND REPAIR OF REAL PROPERTY.—Section
9782 of such title is amended in subsections (c) and (d) by
inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ both places
it appears.
(22) SETTLEMENT OF ACCOUNTS: REMISSION OR CANCELLATION OF INDEBTEDNESS OF MEMBERS.—Section 9837(a) of such
title is amended by inserting ‘‘or the Space Force’’ after
‘‘member of the Air Force’’.
(23) FINAL SETTLEMENT OF OFFICER’S ACCOUNTS.—
(A) IN GENERAL.—Section 9840 of such title is amended
by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
(B) TECHNICAL AMENDMENTS.—Such section 9840 is
further amended—
(i) by striking ‘‘he’’ each place it appears and
inserting ‘‘the officer’’; and

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134 STAT. 3820

10 USC 9020
note.

PUBLIC LAW 116–283—JAN. 1, 2021

(ii) by striking ‘‘his’’ each place it appears and
inserting ‘‘the officer’s’’.
(24) PAYMENT OF SMALL AMOUNTS TO PUBLIC CREDITORS.—
Section 9841 of such title is amended by inserting ‘‘or Space
Force’’ after ‘‘official of Air Force’’.
(25) SETTLEMENT OF ACCOUNTS OF LINE OFFICERS.—Section
9842 of such title is amended by inserting ‘‘or the Space Force’’
after ‘‘Air Force’’.
(f) SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT
REAPPOINTMENT.—
(1) IN GENERAL.—The individual serving in a position under
a provision of law specified in paragraph (2) as of the date
of the enactment of this Act may continue to serve in such
position after that date without further appointment as otherwise provided by such provision of law, notwithstanding the
amendment of such provision of law by subsection (b).
(2) PROVISIONS OF LAW.—The provisions of law specified
in this paragraph are the provisions of title 10, United States
Code, as follows:
(A) Section 9020, relating to the Inspector General
of the Department of the Air Force.
(B) Section 9036. relating to the Surgeon General of
the Air Force.
(C) Section 9037(a), relating to the Judge Advocate
General of the Air Force.
(D) Section 9037(d), relating to the Deputy Judge Advocate General of the Air Force.
(E) Section 9039, relating to the Chief of Chaplains
for the Air Force and the Space Force.

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SEC. 924. AMENDMENTS TO OTHER PROVISIONS OF TITLE 10, UNITED
STATES CODE.

(a) DEFINITIONS.—Section 101(b)(13) of title 10, United States
Code, is amended by striking ‘‘or Marine Corps’’ and inserting
‘‘Marine Corps, or Space Force’’.
(b) OTHER PROVISIONS OF SUBTITLE A.—
(1) SPACE FORCE I.—Subtitle A of title 10, United States
Code, as amended by subsection (a), is further amended by
striking ‘‘and Marine Corps’’ each place it appears and inserting
‘‘Marine Corps, and Space Force’’ in the following provisions:
(A) Section 116(a)(1) in the matter preceding subparagraph (A).
(B) Section 533(a)(2).
(C) Section 646.
(D) Section 661(a).
(E) Section 712(a).
(F) Section 717(c)(1).
(G) Subsections (c) and (d) of section 741.
(H) Section 743.
(I) Section 1111(b)(4).
(J) Subsections (a)(2)(A) and (c)(2)(A)(ii) of section 1143.
(K) Section 1174(j).
(L) Section 1463(a)(1).
(M) Section 1566.
(N) Section 2217(c)(2).
(O) Section 2259(a).
(P) Section 2640(j).

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134 STAT. 3821

(2) SPACE FORCE II.—
(A) IN GENERAL.—Such subtitle is further amended
by striking ‘‘Marine Corps,’’ each place it appears and
inserting ‘‘Marine Corps, Space Force,’’ in the following
provisions:
(i) Section 123(a).
(ii) Section 172(a).
(iii) Section 518.
(iv) Section 747.
(v) Section 749.
(vi) Section 1552(c)(1).
(vii) Section 2632(c)(2)(A).
(viii) Section 2686(a).
(ix) Section 2733(a).
(B) HEADING.—The heading of section 747 of such title
is amended to read as follows:
‘‘§ 747. Command: when different commands of Army, Navy,
Air Force, Marine Corps, Space Force, and Coast
Guard join’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 43 of such title is amended by striking
the item relating to section 747 and inserting the following
new item:

10 USC 741 prec.

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‘‘747. Command: when different commands of Army, Navy, Air Force, Marine Corps,
Space Force, and Coast Guard join.’’.

(3) SPACE FORCE III.—Such subtitle is further amended
by striking ‘‘or Marine Corps’’ each place it appears and
inserting ‘‘Marine Corps, or Space Force’’ in the following provisions:
(A) Section 125(b).
(B) Section 541(a).
(C) Section 601(a).
(D) Section 603(a).
(E) Section 619(a).
(F) Section 619a(a).
(G) Section 624(c).
(H) Section 625(b).
(I) Subsections (a) and (d) of section 631.
(J) Section 632(a).
(K) Section 637(a)(2).
(L) Section 638(a).
(M) Section 741(d).
(N) Section 771.
(O) Section 772.
(P) Section 773.
(Q) Section 1123.
(R) Section 1143(d).
(S) Section 1174(a)(2).
(T) Section 1251(a).
(U) Section 1252(a).
(V) Section 1253(a).
(W) Section 1375.
(X) Section 1413a(h).
(Y) Section 1551.
(Z) Section 1561(a).
(AA) Section 1731(a)(1)(A)(ii).

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134 STAT. 3822

PUBLIC LAW 116–283—JAN. 1, 2021
(BB) Section 2102(a).
(CC) Section 2103a(a)(2).
(DD) Section 2104(b)(5).
(EE) Section 2107.
(FF) Section 2421.
(GG) Section 2631(a).
(HH) Section 2787(a).
(4) REGULAR SPACE FORCE I.—Such subtitle is further
amended by striking ‘‘or Regular Marine Corps’’ each place
it appears and inserting ‘‘Regular Marine Corps, or Regular
Space Force’’ in the following provisions:
(A) Section 531(c).
(B) Section 532(a) in the matter preceding paragraph
(1).
(C) Subsections (a)(1), (b)(1), and (f) of section 533.
(D) Section 633(a).
(E) Section 634(a).
(F) Section 635.
(G) Section 636(a).
(H) Section 647(c).
(I) Section 688(b)(1).
(J) Section 1181.
(5) REGULAR SPACE FORCE II.—Such subtitle is further
amended by striking ‘‘Regular Marine Corps,’’ each place it
appears and inserting ‘‘Regular Marine Corps, Regular Space
Force,’’ in the following provisions:
(A) Section 505.
(B) Section 506.
(C) Section 508.
(6) TRANSFER, ETC. OF FUNCTIONS, POWERS, AND DUTIES.—
Section 125(b) of such title, as amended by paragraph (3)(A),
is further amended by striking ‘‘or 9062(c)’’ and inserting
‘‘9062(c), or 9081’’.
(7) JOINT STAFF MATTERS.—
(A) APPOINTMENT OF CHAIRMAN; GRADE AND RANK.—
Section 152 of such title is amended—
(i) in subsection (b)(1)(C), by striking ‘‘or the Commandant of the Marine Corps’’ and inserting ‘‘the Commandant of the Marine Corps, or the Chief of Space
Operations’’; and
(ii) in subsection (c), by striking ‘‘or, in the case
of the Navy, admiral’’ and inserting ‘‘, in the case
of the Navy, admiral, or, in the case of an officer
of the Space Force, the equivalent grade,’’.
(B) INCLUSION OF SPACE FORCE ON JOINT STAFF.—Section 155(a)(2)(C) of such title is amended by inserting ‘‘and
the Space Force’’ after ‘‘the Air Force’’.
(8) ARMED FORCES POLICY COUNCIL.—Section 171(a) of such
title is amended—
(A) in paragraph (15), by striking ‘‘and’’;
(B) in paragraph (16), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(17) the Chief of Space Operations.’’.
(9) JOINT REQUIREMENTS OVERSIGHT COUNCIL.—Section
181(c)(1) of such title is amended by adding at the end the
following new subparagraph:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3823

‘‘(F) A Space Force officer in the grade equivalent to
the grade of general in the Army, Air Force, or Marine
Corps, or admiral in the Navy.’’.
(10) UNFUNDED PRIORITIES.—Section 222a(b) of such title
is amended—
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following new
paragraph:
‘‘(5) The Chief of Space Operations.’’.
(11) THEATER SECURITY COOPERATION EXPENSES.—Section
312(b)(3) of such title is amended by inserting ‘‘the Chief of
Space Operations,’’ after ‘‘the Commandant of the Marine
Corps,’’.
(12) WESTERN HEMISPHERE INSTITUTE.—Section 343(e)(1)(E)
of such title is amended by inserting ‘‘or Space Force’’ after
‘‘for the Air Force’’.
(13) ORIGINAL APPOINTMENTS OF COMMISSIONED OFFICERS.—Section 531(a) of such title is amended—
(A) in paragraph (1), by striking ‘‘and in the grades
of ensign, lieutenant (junior grade), and lieutenant in the
Regular Navy’’ and inserting ‘‘in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular
Navy, and in the equivalent grades in the Regular Space
Force’’; and
(B) in paragraph (2), by striking ‘‘and in the grades
of lieutenant commander, commander, and captain in the
Regular Navy’’ and inserting ‘‘in the grades of lieutenant
commander, commander, and captain in the Regular Navy,
and in the equivalent grades in the Regular Space Force’’.
(14) SERVICE CREDIT UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.—Section 533(b)(2) of such title is
amended by striking ‘‘or captain in the Navy’’ and inserting
‘‘, captain in the Navy, or an equivalent grade in the Space
Force’’.
(15) SENIOR JOINT OFFICER POSITIONS: RECOMMENDATIONS
TO THE SECRETARY OF DEFENSE.—Section 604(a)(1)(A) of such
title is amended by inserting ‘‘and the name of at least one
Space Force officer’’ after ‘‘Air Force officer’’.
(16) FORCE SHAPING AUTHORITY.—Section 647(a)(2) of such
title is amended by striking ‘‘of that armed force’’.
(17) MEMBERS: REQUIRED SERVICE.—Section 651(b) of such
title is amended by striking ‘‘of his armed force’’.
(18) CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS.—Section 710(c)(1) of such title is amended by striking
‘‘the armed force concerned’’ and inserting ‘‘an armed force’’.
(19) SENIOR MEMBERS OF MILITARY STAFF COMMITTEE OF
UNITED NATIONS.—Section 711 of such title is amended by
inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
(20) RANK: CHIEF OF SPACE OPERATIONS.—
(A) IN GENERAL.—Section 743 of such title is amended
by striking ‘‘and the Commandant of the Marine Corps’’
and inserting ‘‘the Commandant of the Marine Corps, and
the Chief of Space Operations’’.
(B) HEADING.—The heading of such section 743 is
amended to read as follows:

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10 USC 741 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant
of the Marine Corps; Chief of Space Operations’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 43 of such title is amended by striking
the item relating to section 743 and inserting the following
new item:

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‘‘743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff
of the Air Force; Commandant of the Marine Corps; Chief of Space Operations.’’.

(21) UNIFORM CODE OF MILITARY JUSTICE.—Chapter 47 of
such title (the Uniform Code of Military Justice) is amended—
(A) in section 822(a)(7) (article 22(a)(7)), by striking
‘‘Marine Corps’’ and inserting ‘‘Marine Corps, or the commanding officer of a corresponding unit of the Space Force’’;
(B) in section 823(a) (article 23(a))—
(i) in paragraph (2)—
(I) by striking ‘‘Air Force base’’ and inserting
‘‘Air Force or Space Force military installation’’;
and
(II) by striking ‘‘or the Air Force’’ and inserting
‘‘the Air Force, or the Space Force’’; and
(ii) in paragraph (4), by inserting ‘‘or a corresponding unit of the Space Force’’ after ‘‘Air Force’’;
and
(C) in section 824(a)(3) (article 24(a)(3)), by inserting
‘‘or a corresponding unit of the Space Force’’ after ‘‘Air
Force’’.
(22) SERVICE AS CADET OR MIDSHIPMAN NOT COUNTED FOR
LENGTH OF SERVICE.—Section 971(b)(2) of such title is amended
by striking ‘‘or Air Force’’ and inserting ‘‘, Air Force, or Space
Force’’.
(23) REFERRAL BONUS.—Section 1030(h)(3) of such title is
amended by inserting ‘‘and the Space Force’’ after ‘‘concerning
the Air Force’’.
(24) RETURN TO ACTIVE DUTY FROM TEMPORARY DISABILITY.—Section 1211(a) of such title is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘or the Air Force’’ and inserting ‘‘, the Air Force, or the
Space Force’’; and
(B) in paragraph (6)—
(i) by striking ‘‘or the Air Force, who’’ and inserting
‘‘the Air Force, or the Space Force who’’; and
(ii) by striking ‘‘or the Air Force, as’’ and inserting
‘‘the Air Force, or the Space Force, as’’.
(25) YEARS OF SERVICE.—Section 1405(c) of such title is
amended by striking ‘‘or Air Force’’ and inserting ‘‘, Air Force,
or Space Force’’.
(26) RETIRED PAY BASE FOR PERSONS WHO BECAME MEMBERS
BEFORE SEPTEMBER 8, 1980.—Section 1406 of such title is
amended—
(A) in the heading of subsection (e), by inserting ‘‘AND
SPACE FORCE’’ after ‘‘AIR FORCE’’; and
(B) in subsection (i)(3)—
(i) in subparagraph (A)—
(I) by redesignating clause (v) as clause (vi);
and

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134 STAT. 3825

(II) by inserting after clause (iv) the following
new clause (v):
‘‘(v) Chief of Space Operations.’’; and
(ii) in subparagraph (B)—
(I) by redesignating clause (v) as clause (vi);
and
(II) by inserting after clause (iv) the following
new clause (v):
‘‘(v) The senior enlisted advisor of the Space
Force.’’.
(27) SPECIAL REQUIREMENTS FOR MILITARY PERSONNEL IN
THE ACQUISITION FIELD.—
(A) IN GENERAL.—Section 1722a(a) of such title is
amended by striking ‘‘and the Commandant of the Marine
Corps (with respect to the Army, Navy, Air Force, and
Marine Corps, respectively)’’ and inserting ‘‘, the Commandant of the Marine Corps, and the Chief of Space
Operations (with respect to the Army, Navy, Air Force,
Marine Corps, and Space Force, respectively)’’.
(B) CLARIFYING AMENDMENT.—Such section 1722a(a)
is further amended by striking ‘‘the Under Secretary of
Defense for Acquisition, Technology, and Logistics’’ and
inserting ‘‘the Under Secretary of Defense for Acquisition
and Sustainment’’.
(28) SENIOR MILITARY ACQUISITION ADVISORS.—Section
1725(e)(1)(C) of such title is amended by inserting ‘‘and Space
Force’’ before the period.
(29) MILITARY FAMILY READINESS COUNCIL.—Section
1781a(b)(1) of such title is amended by striking ‘‘Marine Corps,
and Air Force’’ each place it appears and inserting ‘‘Air Force,
Marine Corps, and Space Force’’.
(30) FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY
SELECTED MEMBERS.—Section 2107 of such title is amended—
(A) in subsection (a)—
(i) by striking ‘‘or as a’’ and inserting ‘‘, as a’’;
and
(ii) by inserting ‘‘or as an officer in the equivalent
grade in the Space Force’’ after ‘‘Marine Corps,’’;
(B) in subsection (b)—
(i) in paragraph (3), by striking ‘‘the reserve component of the armed force in which he is appointed as
a cadet or midshipman’’ and inserting ‘‘the reserve
component of an armed force’’; and
(ii) in paragraph (5), by striking ‘‘reserve component of that armed force’’ each place it appears and
inserting ‘‘reserve component of an armed force’’; and
(C) in subsection (d), by striking ‘‘second lieutenant
or ensign’’ and inserting ‘‘second lieutenant, ensign, or an
equivalent grade in the Space Force’’.
(31) SPACE RAPID CAPABILITIES OFFICE.—Section 2273a(d)
of such title is amended by striking paragraph (3).
(32) ACQUISITION-RELATED FUNCTIONS OF CHIEFS OF THE
ARMED FORCES.—Section 2547(a) of such title is amended by
striking ‘‘and the Commandant of the Marine Corps’’ and
inserting ‘‘the Commandant of the Marine Corps, and the Chief
of Space Operations’’.

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PUBLIC LAW 116–283—JAN. 1, 2021
(33) AGREEMENTS RELATED TO MILITARY TRAINING, TESTING,
AND OPERATIONS.—Section 2684a(i) of such title is amended
by inserting ‘‘Space Force,’’ before ‘‘or Defense-wide activities’’
each place it appears.
(c) PROVISIONS OF SUBTITLE B.—
(1) IN GENERAL.—Subtitle B of title 10, United States Code,
is amended by striking ‘‘or Marine Corps’’ each place it appears
and inserting ‘‘Marine Corps, or Space Force’’ in the following
provisions:
(A) Section 7452(c).
(B) Section 7621(d).
(2) COMPUTATION OF YEARS OF SERVICE.—Section 7326(a)(1)
of such title is amended by striking ‘‘or the Air Force’’ and
inserting ‘‘, the Air Force, or the Space Force’’.
(d) PROVISIONS OF SUBTITLE C.—
(1) CADETS; HAZING.—Section 8464(f) of title 10, United
States Code, is amended by striking ‘‘or Marine Corps’’ and
inserting ‘‘Marine Corps, or Space Force’’.
(2) SALES PRICES.—
(A) IN GENERAL.—Section 8802 of such title is amended
by striking ‘‘or the Air Force’’ and inserting ‘‘, the Air
Force, or the Space Force’’.
(B) HEADING.—The heading of such section 8802 is
amended to read as follows:

10 USC 8801
prec.

‘‘§ 8802. Sales: members of Army, Air Force, and Space Force;
prices’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 879 of such title is amended by
striking the item relating to section 8802 and inserting
the following new item:
‘‘8802. Sales: members of Army, Air Force, and Space Force; prices.’’.

(3) SALES TO CERTAIN VETERANS.—Section 8803 of such
title is amended by striking ‘‘or the Marine Corps’’ and inserting
‘‘the Marine Corps, or the Space Force’’.
(4) SUBSISTENCE AND OTHER SUPPLIES.—Section 8806(d) of
such title is amended by striking ‘‘or Air Force or Marine
Corps’’ and inserting ‘‘, Air Force, Marine Corps, or Space
Force’’.
(5) SCOPE OF CHAPTER ON PRIZE.—Section 8851(a) of such
title is amended by striking ‘‘or the Air Force’’ and inserting
‘‘, the Air Force, or the Space Force’’.

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SEC. 925. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY
AND ALLOWANCES.

(a) DEFINITIONS.—Section 101 of title 37, United States Code,
is amended—
(1) in paragraphs (3) and (4), by inserting ‘‘Space Force,’’
after ‘‘Marine Corps,’’ each place it appears; and
(2) in paragraph (5)(C), by inserting ‘‘and the Space Force’’
after ‘‘Air Force’’.
(b) BASIC PAY RATES.—
(1) COMMISSIONED OFFICERS.—Footnote 2 of the table titled
‘‘COMMISSIONED OFFICERS’’ in section 601(c) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109–364; 37 U.S.C. 1009 note) is amended

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134 STAT. 3827

by inserting after ‘‘Commandant of the Marine Corps,’’ the
following: ‘‘Chief of Space Operations,’’.
(2) ENLISTED MEMBERS.—Footnote 2 of the table titled
‘‘ENLISTED MEMBERS’’ in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 37 U.S.C. 1009 note) is amended by inserting
after ‘‘Sergeant Major of the Marine Corps,’’ the following:
‘‘the senior enlisted advisor of the Space Force,’’.
(c) PAY GRADES: ASSIGNMENT TO; GENERAL RULES.—Section
201(a) of title 37, United States Code, is amended—
(1) by striking ‘‘(a) For the purpose’’ and inserting ‘‘(a)(1)
Subject to paragraph (2), for the purpose’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) For the purpose of computing their basic pay, commissioned
officers of the Space Force are assigned to the pay grades in the
table in paragraph (1) by grade or rank in the Air Force that
is equivalent to the grade or rank in which such officers are serving
in the Space Force.’’.
(d) PAY OF SENIOR ENLISTED MEMBERS.—Section 210(c) of title
37, United States Code, is amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph (5):
‘‘(5) The senior enlisted advisor of the Space Force.’’.
(e) ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION
ALLOWANCES.—
(1) PERSONAL MONEY ALLOWANCE.—Section 414 of title 37,
United States Code, is amended—
(A) in subsection (a)(5), by inserting ‘‘Chief of Space
Operations,’’ after ‘‘Commandant of the Marines Corps,’’;
and
(B) in subsection (b), by inserting ‘‘the senior enlisted
advisor of the Space Force,’’ after ‘‘the Sergeant Major
of the Marine Corps,’’.
(2) CLOTHING ALLOWANCE: ENLISTED MEMBERS.—Section
418(d) of such title is amended—
(A) in paragraph (1), by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force’’; and
(B) in paragraph (4), by striking ‘‘or the Marine Corps’’
and inserting ‘‘the Marine Corps, or the Space Force’’.
(f) TRAVEL AND TRANSPORTATION ALLOWANCES: PARKING
EXPENSES.—Section 481i(b) of title 37, United States Code, is
amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine
Corps, or Space Force’’.
(g) LEAVE.—
(1) ADDITION OF SPACE FORCE.—Chapter 9 of title 37,
United States Code, is amended by inserting ‘‘Space Force,’’
after ‘‘Marines Corps,’’ each place it appears in the following
provisions:
(A) Subsections (b)(1) and (e)(1) of section 501.
(B) Section 502(a).
(C) Section 503(a).
(2) ADDITION OF REGULAR SPACE FORCE.—Section
501(b)(5)(C) of such title is amended by striking ‘‘or Regular
Marine Corps’’ and inserting ‘‘Regular Marine Corps, or Regular
Space Force’’.

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PUBLIC LAW 116–283—JAN. 1, 2021
(3) TECHNICAL AMENDMENTS.—Chapter 9 of such title is
further amended as follows:
(A) In section 501(b)(1)—
(i) by striking ‘‘his’’ each place it appears and
inserting ‘‘the member’s’’; and
(ii) by striking ‘‘he’’ and inserting ‘‘the member’’.
(B) In section 502—
(i) by striking ‘‘his designated representative’’ each
place it appears and inserting ‘‘the Secretary’s designated representative’’;
(ii) in subsection (a), by striking ‘‘he’’ each place
it appears and inserting ‘‘the member’’; and
(iii) in subsection (b), by striking ‘‘his’’ and
inserting ‘‘the member’s’’.
(h) ALLOTMENT AND ASSIGNMENT OF PAY.—
(1) IN GENERAL.—Subsections (a), (c), and (d) of section
701 of title 37, United States Code, are each amended by
striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps, or
Space Force’’.
(2) TECHNICAL AMENDMENTS.—Such section 701 is further
amended—
(A) in subsection (a), by striking ‘‘his’’ and inserting
‘‘the officer’s’’;
(B) in subsection (b), by striking ‘‘his’’ and inserting
‘‘the person’s’’; and
(C) in subsection (c), by striking ‘‘his pay, and if he
does so’’ and inserting ‘‘the member’s pay, and if the
member does so’’.
(3) HEADING.—The heading of such section 701 is amended
to read as follows:

37 USC 701 prec.

‘‘§ 701. Members of the Army, Navy, Air Force, Marine Corps,
and Space Force; contract surgeons’’.
(4) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 13 of such title is amended by striking the
item relating to section 701 and inserting the following new
item:

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‘‘701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons.’’.

(i) FORFEITURE OF PAY.—
(1) FORFEITURE FOR ABSENCE FOR INTEMPERATE USE OF
ALCOHOL OR DRUGS.—
(A) IN GENERAL.—Section 802 of title 37, United States
Code, is amended by striking ‘‘or Marine Corps’’ and
inserting ‘‘Marine Corps, or Space Force’’.
(B) TECHNICAL AMENDMENTS.—Such section 802 is further amended by striking ‘‘his’’ each place it appears and
inserting ‘‘the member’s’’.
(2) FORFEITURE WHEN DROPPED FROM ROLLS.—
(A) IN GENERAL.—Section 803 of such title is amended
by striking ‘‘or the Air Force’’ and inserting ‘‘, the Air
Force, or the Space Force’’.
(B) HEADING.—The heading of such section 803 is
amended to read as follows:

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134 STAT. 3829

‘‘§ 803. Commissioned officers of the Army, Air Force, or
Space Force: forfeiture of pay when dropped from
rolls’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to section 803 and inserting the following
new item:

37 USC 801 prec.

‘‘803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay
when dropped from rolls.’’.

(j) EFFECT ON PAY OF EXTENSION OF ENLISTMENT.—Section
906 of title 37, United States Code, is amended by inserting ‘‘Space
Force,’’ after ‘‘Marine Corps,’’.
(k) ADMINISTRATION OF PAY.—
(1) PROMPT PAYMENT REQUIRED.—
(A) IN GENERAL.—Section 1005 of title 37, United
States Code, is amended by striking ‘‘and of the Air Force’’
and inserting ‘‘, the Air Force, and the Space Force’’.
(B) HEADING.—The heading of such section 1005 is
amended to read as follows:
‘‘§ 1005. Army, Air Force, and Space Force: prompt payments
required’’.
(C) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to section 803 and inserting the following
new item:

37 USC 1001
prec.

‘‘1005. Army, Air Force, and Space Force: prompt payments required.’’.

(2) DEDUCTIONS FROM PAY.—
(A) IN GENERAL.—Section 1007 of such title is
amended—
(i) in subsections (b), (d), (f), and (g), by striking
‘‘or the Air Force’’ and inserting ‘‘, the Air Force, or
the Space Force’’; and
(ii) in subsection (e), by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force’’.
(B) TECHNICAL AMENDMENTS.—Such section 1007 is
further amended—
(i) in subsection (b), by striking ‘‘him’’ and inserting
‘‘the member’’;
(ii) in subsection (d), by striking ‘‘his’’ each place
it appears and inserting ‘‘the member’s’’; and
(iii) in subsection (f)—
(I) by striking ‘‘his’’ and inserting ‘‘the officer’s’’; and
(II) by striking ‘‘he’’ both places it appears
and inserting ‘‘the officer’’.

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SEC. 926. AMENDMENTS TO PROVISIONS OF LAW RELATING TO VETERANS’ BENEFITS.

(a) ADDITION OF SPACE SERVICE TO REFERENCES TO MILITARY,
NAVAL, OR AIR SERVICE.—Title 38, United States Code, is amended
by striking ‘‘or air service’’ and inserting ‘‘air, or space service’’
each place it appears in the following provisions:
(1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and (32)
of section 101.
(2) Section 105(a).
(3) Section 106(b).

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PUBLIC LAW 116–283—JAN. 1, 2021
(4) Section 701.
(5) Paragraphs (1) and (2)(A) of section 1101.
(6) Section 1103.
(7) Section 1110.
(8) Subsections (b)(1) and (c)(1) of section 1112.
(9) Section 1113(b).
(10) Section 1131.
(11) Section 1132.
(12) Section 1133.
(13) Section 1137.
(14) Section 1141.
(15) Section 1153.
(16) Section 1301.
(17) Subsections (a) and (b) of section 1302.
(18) Section 1310(b).
(19) Section 1521(j).
(20) Section 1541(h).
(21) Subsections (a)(2)(B) and (e)(3) of section 1710.
(22) Section 1712(a).
(23) Section 1712A(c).
(24) Section 1717(d)(1).
(25) Subsections (b) and (c) of section 1720A.
(26) Section 1720D(c)(3).
(27) Section 1720E(a).
(28) Section 1720G(a)(2)(B).
(29) Subsections (b)(2), (e)(1), and (e)(4) of section 1720I.
(30) Section 1781(a)(3).
(31) Section 1783(b)(1).
(32) Section 1922(a).
(33) Section 2002(b)(1).
(34) Section 2101A(a)(1).
(35) Subsections (a)(1)(C) and (d) of section 2301.
(36) Section 2302(a).
(37) Section 2303(b)(2).
(38) Subsections (b)(4)(A) and (g)(2) of section 2306.
(39) Section 2402(a)(1).
(40) Section 3018B(a).
(41) Section 3102(a)(1)(A)(ii).
(42) Subsections (a) and (b)(2)(A) of section 3103.
(43) Section 3113(a).
(44) Section 3501(a).
(45) Section 3512(b)(1)(B)(iii).
(46) Section 3679(c)(2)(A).
(47) Section 3701(b)(2).
(48) Section 3712(e)(2).
(49) Section 3729(c)(1).
(50) Subparagraphs (A) and (B) of section 3901(1).
(51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A.
(52) Section 5110(j).
(53) Section 5111(a)(2)(A).
(54) Section 5113(b)(3)(C).
(55) Section 5303(e).
(56) Section 6104(c).
(57) Section 6105(a).
(58) Subsections (a)(1) and (b)(3) of section 6301.
(59) Section 6303(b).
(60) Section 6304(b)(1).

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134 STAT. 3831

(61) Section 8301.
(b) DEFINITIONS.—
(1) ARMED FORCES.—Paragraph (10) of section 101 of title
38, United States Code, is amended by inserting ‘‘Space Force,’’
after ‘‘Air Force,’’.
(2) SECRETARY CONCERNED.—Paragraph (25)(C) of such section is amended by inserting ‘‘or the Space Force’’ before the
semicolon.
(3) SPACE FORCE RESERVE.—Paragraph (27) of such section
is amended—
(A) by redesignating subparagraphs (E) through (G)
as subparagraphs (F) through (H), respectively; and
(B) by inserting after subparagraph (D) the following
new subparagraph (E):
‘‘(E) the Space Force Reserve;’’.
(c) PLACEMENT OF EMPLOYEES IN MILITARY INSTALLATIONS.—
Section 701 of title 38, United States Code, is amended by striking
‘‘and Air Force’’ and inserting ‘‘Air Force, and Space Force’’.
(d) CONSIDERATION TO BE ACCORDED TIME, PLACE, AND CIRCUMSTANCES OF SERVICE.—Section 1154(b) of title 38, United States
Code, is amended by striking ‘‘or air organization’’ and inserting
‘‘air, or space organization’’.
(e) PREMIUM PAYMENTS.—Section 1908 of title 38, United States
Code, is amended by inserting ‘‘Space Force,’’ after ‘‘Marine Corps,’’.
(f) SECRETARY CONCERNED FOR GI BILL.—Section 3020(l)(3)
of title 38, United States Code, is amended by inserting ‘‘or the
Space Force’’ before the semicolon.
(g) DEFINITIONS FOR POST-9/11 GI BILL.—Section 3301(2)(C)
of title 38,United States Code, is amended by inserting ‘‘or the
Space Force’’ after ‘‘Air Force’’.
(h) PROVISION OF CREDIT PROTECTION AND OTHER SERVICES.—
Section 5724(c)(2) of title 38, United States Code, is amended by
striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps, or Space
Force’’.

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SEC. 927. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED
STATES CODE AND OTHER LAWS.

(a) TITLE 5; DEFINITION OF ARMED FORCES.—Section 2101(2)
of title 5, United States Code, is amended by inserting after ‘‘Marine
Corps,’’ the following: ‘‘Space Force,’’.
(b) TITLE 14.—
(1) VOLUNTARY RETIREMENT.—Section 2152 of title 14,
United States Code, is amended by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force’’.
(2) COMPUTATION OF LENGTH OF SERVICE.—Section 2513
of such title is amended by inserting after ‘‘Air Force,’’ the
following: ‘‘Space Force,’’.
(c) TITLE 18; FIREARMS AS NONMAILABLE.—Section 1715 of such
title is amended by inserting ‘‘Space Force,’’ after ‘‘Marine Corps,’’.
(d) TITLE 31.—
(1) DEFINITIONS RELATING TO CLAIMS.—Section 3701(a)(7)
of title 31, United States Code, is amended by inserting ‘‘Space
Force,’’ after ‘‘Marine Corps,’’.
(2) COLLECTION AND COMPROMISE.—Section 3711(f) of such
title is amended in paragraphs (1) and (3) by inserting ‘‘Space
Force,’’ after ‘‘Marine Corps,’’ each place it appears.

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(e) TITLE 41; HONORABLE DISCHARGE CERTIFICATE IN LIEU OF
BIRTH CERTIFICATE.—Section 6309(a) of title 41, United States
Code, is amended by inserting ‘‘Space Force,’’ after ‘‘Marine Corps,’’.
(f) TITLE 51; POWERS OF THE ADMINISTRATION IN PERFORMANCE
OF FUNCTIONS.—Section 20113(l) of title 51, United States Code,
is amended—
(1) in the subsection heading, by striking ‘‘SERVICES’’ and
inserting ‘‘FORCES’’; and
(2) by striking ‘‘and Marine Corps’’ and inserting ‘‘Marine
Corps, and Space Force’’.
(g) PUBLIC LAW 79–772; BOARD OF NATIONAL AIR AND SPACE
MUSEUM.—Section 1(a) of the Act of August 12, 1946 (60 Stat.
997, chapter 995; 20 U.S.C. 77(a)), is amended by inserting ‘‘the
Chief of Space Operations, or the Chief’s designee,’’ after ‘‘the Chief
of Staff of the Air Force, or his designee,’’.
SEC. 928. APPLICABILITY TO OTHER PROVISIONS OF LAW.

Section 958(b)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1567; 10 U.S.C.
9081 note) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘or the amendments made by this subtitle’’ and inserting ‘‘,
the amendments made by this subtitle, or the amendments
made by subtitle C of title IX of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021’’;
(2) in subparagraph (A), by striking ‘‘and’’ at the end;
(3) in subparagraph (B), by striking the period at the
end and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
‘‘(C) the authority of the Secretary of Defense with
respect to the Air Force, members of the Air Force, or
civilian employees of the Air Force may be exercised by
the Secretary with respect to the Space Force, members
of the Space Force, or civilian employees of the Space
Force; and
‘‘(D) the authority of the Secretary of the Air Force
with respect to the Air Force, members of the Air Force,
or civilian employees of the Air Force may be exercised
by the Secretary with respect to the Space Force, members
of the Space Force, or civilian employees of the Space
Force.’’.
10 USC 517 note.

SEC. 929. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS IN PAY GRADES E–8 AND E–9.

Section 517 of title 10, United States Code, shall not apply
to the Space Force until October 1, 2023.
SEC. 930. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS
TO THE JURISDICTION OF THE SPACE FORCE.

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Analysis.

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(a) LIMITATION.—A military installation (whether or not under
the jurisdiction of the Department of the Air Force) may not be
transferred to the jurisdiction or command of the Space Force
until the Secretary of the Air Force briefs the congressional defense
committees on the results of a business case analysis, conducted
by the Secretary in connection with the transfer, of the cost and
efficacy of the transfer.

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(b) TIMING OF BRIEFING.—The briefing on a business case analysis conducted pursuant to subsection (a) shall be provided not
later than 15 days after the date of the completion of the business
case analysis by the Secretary.

Deadline.

SEC. 931. ORGANIZATION OF THE SPACE FORCE.

(a) LIMITATIONS.—
(1) SECRETARY OF DEFENSE.—The Secretary of Defense may
not establish a Space National Guard or Space Reserve as
a reserve component of the Space Force until the Secretary
completes the study under subsection (b) and determines, based
on the result of such study, that a Space National Guard
or a Space Reserve is the organization best suited to discharge,
in an effective and efficient manner, the missions intended
to be assigned to such organization.
(2) SECRETARY OF THE AIR FORCE.—Until the Secretary
of Defense carries out subsection (b), the Secretary of the Air
Force may not—
(A) transfer, to another component of the Air Force,
any member or civilian personnel of the Air National Guard
who is assigned to a space mission; or
(B) relocate any asset, or dissolve any element, of the
Air National Guard or Air Force Reserve that is assigned
to a space mission.
(b) STUDY AND REPORT REQUIRED.—Not later than March 31,
2021, the Secretary of Defense shall conduct a study to formulate
a plan regarding how best to organize the active and reserve components of the Space Force and submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
regarding such study. The report shall include the following:
(1) The assumptions and factors used to make the plan.
(2) Individuals who made recommendations regarding the
organization of such components.
(3) Determinations of the Secretary regarding the mission,
organization, and unit retention of such components.
(4) The final organizational and integration recommendations regarding such components.
(5) The proposed staffing and operational organization for
such components.
(6) The estimated date of implementation of the plan.
(7) Any savings or costs arising from the preservation of
existing space-related force structures in the Air National
Guard.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to prohibit the reserve components of the Air Force
from performing space missions or continuing to support the Air
Force and the Space Force in the performance of space missions.

Determination.

Deadline.
Plan.

Determinations.
Recommendations.
Proposals.
Estimate.

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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.

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Sec. 1006. Addition of Chief of the National Guard Bureau to the list of officers providing reports of unfunded priorities.
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.
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.

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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.
Subtitle F—Studies and Reports
Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.

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Sec. 1073. Report on joint training range exercises for the Pacific region.
Sec. 1074. Reports on threats to United States forces from small unmanned aircraft
systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving the
budget justification and related materials of the Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts to prevent
resale of goods manufactured by forced labor in commissaries and exchanges.
Sec. 1079. 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.
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.

Subtitle A—Financial Matters

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SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2021 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations
so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) LIMITATIONS.—The authority provided by subsection (a) to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.

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(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES.

Assessment.

Summaries.

Section 226 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘of Defense and the Secretary of each
of the military departments’’ after ‘‘Secretary’’;
(B) by striking ‘‘2021’’ and inserting ‘‘2022’’;
(C) by striking ‘‘a consolidated budget justification display’’ and inserting ‘‘a budget justification display for each
applicable appropriation’’;
(D) in the second sentence, by striking ‘‘display’’ and
all that follows and inserting ‘‘displays shall include each
of the following:’’ and
(E) by adding at the end the following new paragraphs:
‘‘(1) Details at the appropriation and line item level,
including any amount for service-common support, acquisition
support, training, operations, pay and allowances, base operations sustainment, and any other common services and support.
‘‘(2) An identification of any change in the level or type
of service-common support and enabling capabilities provided
by each of the military services or Defense Agencies to special
operations forces for the fiscal year covered by the budget
justification display when compared to the preceding fiscal year,
including the rationale for any such change and any mitigating
actions.
‘‘(3) An assessment of the specific effects that the budget
justification display for the fiscal year covered by the display
and any anticipated future manpower and force structure
changes are likely to have on the ability of each of the military
services to provide service-common support and enabling
capabilities to special operations forces.
‘‘(4) Any other matters the Secretary of Defense or the
Secretary of a military department determines are relevant.’’;
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new subsection (b):
‘‘(b) CONSOLIDATED BUDGET JUSTIFICATION DISPLAY.—The Secretary of Defense shall include, in the budget materials submitted
to Congress under section 1105 of title 31, for fiscal year 2022
and any subsequent fiscal year, a consolidated budget justification
display containing the same information as is required in the budget
justification displays required under subsection (a). Such consolidated budget justification display may be provided as a summary
by appropriation for each military department and a summary
by appropriation for all Defense Agencies.’’.

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SEC. 1003. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT
REMEDIATION PLAN TO FISCAL YEARS FOLLOWING
FISCAL YEAR 2020.

Section 240b(a)(2)(A)(iii) of title 10, United States Code, is
amended by striking ‘‘for fiscal year 2018’’ and all that follows
and inserting ‘‘for each fiscal year after fiscal year 2020 occurs
by not later than March 31 following such fiscal year;’’.

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134 STAT. 3837

SEC. 1004. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS
OF THE DEPARTMENT OF DEFENSE OF UNQUALIFIED
AUDIT OPINIONS ON THE FINANCIAL STATEMENTS.

(a) INCENTIVES REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
(Comptroller), acting through the Deputy Chief Financial
Officer of the Department of Defense, shall develop and issue
guidance to provide incentives for the achievement by each
department, agency, and other component of the Department
of Defense of unqualified audit opinions on their financial statements.
(2) APPLICABILITY.—The guidance required under paragraph (1) shall provide incentives for individual employees in
addition to departments, agencies, and components.
(b) REPORT.—Section 240b(b)(1)(B) of title 10, United States
Code, is amended by adding at the end the following new clause:
‘‘(xiii) An description of the incentives available
pursuant to the guidance required by section 1004(a)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, including a
detailed explanation of how such incentives were provided during the fiscal year covered by the report.’’.

10 USC 240b
note.
Deadline.

SEC. 1005. AUDIT READINESS AND REMEDIATION.

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(a) AUDIT REMEDIATION PLAN.—Section 240g(a) of title 10,
United States Code, is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraphs:
‘‘(4) the amount spent by the Department on operating
and maintaining financial management systems during the preceding five fiscal years; and
‘‘(5) the amount spent by the Department on acquiring
or developing new financial management systems during such
five fiscal years.’’.
(b) ANNUAL REPORT ON UNFUNDED PRIORITIES.—
(1) IN GENERAL.—Chapter 9A of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 240i. Annual report on unfunded priorities
‘‘(a) IN GENERAL.—Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted
to Congress pursuant to section 1105 of title 31, the Under Secretary
of Defense (Comptroller) shall submit to the Secretary of Defense,
the Chairman of the Joint Chiefs of Staff, and the congressional
defense committees a report on unfunded priorities of the Department of Defense related to audit readiness and remediation.
‘‘(b) ELEMENTS.—(1) Each report under subsection (a) shall
include, for each unfunded priority covered by such report, the
following:
‘‘(A) A summary description of such priority, including the
objectives to be achieved if such priority were to be funded
(whether in whole or in part).

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10 USC 240i.

Summary.

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134 STAT. 3838
Recommendations.

10 USC 240a
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(B) The additional amount of funds recommended in
connection with the objectives identified under subparagraph
(A).
‘‘(C) Account information with respect to such priority,
including, as applicable, the following:
‘‘(i) Line item number, in the case of applicable procurement accounts.
‘‘(ii) Program element number, in the case of applicable
research, development, test, and evaluation accounts.
‘‘(iii) Sub-activity group, in the case of applicable operation and maintenance accounts.
‘‘(2) The Under Secretary shall ensure that the unfunded priorities covered by a report under subsection (a) are listed in the
order of urgency of priority, as determined by the Under Secretary.
‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, the term
‘unfunded priority’, with respect to a fiscal year, means an activity
related to an audit readiness or remediation effort stemming from
a relevant requirement under the Chief Financial Officer Act (Public
Law 101–576), chapter 9 of title 31, or this chapter that—
‘‘(1) is not funded in the budget of the President for that
fiscal year, as submitted to Congress pursuant to section 1105
of title 31;
‘‘(2) is necessary to address a shortfall in an audit readiness
or remediation activity; and
‘‘(3) would have been recommended for funding through
the budget referred to in paragraph (1) if—
‘‘(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement; or
‘‘(B) the program, activity, or mission requirement had
emerged before the budget was formulated.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 240h the following new item:
‘‘240i. Annual report on unfunded priorities.’’.
SEC. 1006. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU
TO THE LIST OF OFFICERS PROVIDING REPORTS OF
UNFUNDED PRIORITIES.

Section 222a of title 10, United States Code, is amended—
(1) in subsection (b), as amended by section 924, by adding
at the end the following new paragraph:
‘‘(7) The Chief of the National Guard Bureau in the role
assigned to that position in section 10502(c)(1) of this title.’’;
and
(2) in subsection (c), by adding at the end the following
new paragraph:
‘‘(3) NATIONAL GUARD UNFUNDED PRIORITIES.—
‘‘(A) IN GENERAL.—The officer specified under subsection (b)(6) shall only include in a report submitted under
subsection (a) such priorities that—
‘‘(i) relate to equipping requirements in support
of non-federalized National Guard responsibilities for
the homeland defense or civil support missions; and
‘‘(ii) except as provided in subparagraph (B), were
not included in a report under this section submitted
by an officer specified in subsection (b)(1) or (3) for

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Reports.

Time period.

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any of five fiscal years preceding the fiscal year for
which the report is submitted, on behalf of National
Guard forces to address a warfighting requirement.
‘‘(B) EXCEPTION.—The officer specified under subsection (b)(6) may include in a report submitted under
subsection (a) an unfunded priority covered by subparagraph (A)(ii) if the Secretary of Defense—
‘‘(i) determines that the inclusion such unfunded
priority reasonably supports the priorities of the
Department under the national defense strategy under
section 113(g) of this title; and
‘‘(ii) submits to the congressional defense committees written notice of such determination.’’.

Determination.

Notice.

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.

Section 284(h) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) QUARTERLY REPORTS.—
‘‘(A) IN GENERAL.—Not less frequently than once each
quarter, the Secretary shall submit to the appropriate
committees of Congress a report on Department of Defense
support provided under subsection (b) during the quarter
preceding the quarter during which the report is submitted.
Each such report shall be submitted in written and electronic form and shall include—
‘‘(i) an identification of each recipient of such support;
‘‘(ii) a description of the support provided and
anticipated duration of such support; and
‘‘(iii) a description of the sources and amounts
of funds used to provide such support;
‘‘(B) APPROPRIATE COMMITTEES OF CONGRESS.—Notwithstanding subsection (i)(1), for purposes of a report
under this paragraph, the appropriate committees of Congress are—
‘‘(i) the Committees on Armed Services of the
Senate and House of Representatives; and
‘‘(ii) any committee with jurisdiction over the
department or agency that receives support covered
by the report.’’.

Subtitle C—Naval Vessels

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SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL VESSELS PLAN AND CERTIFICATION.

Section 231 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Secretary of Defense’’ and inserting
‘‘Secretary of the Navy’’; and
(B) by striking ‘‘and’’ after the colon; and

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PUBLIC LAW 116–283—JAN. 1, 2021
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘the Secretary of
the Navy may not use more than 50 percent of the funds’’
and inserting ‘‘the Secretary of Defense may not use more
than 25 percent of the funds’’; and
(B) in paragraph (2)—
(i) by striking ‘‘Secretary of the Navy’’ and
inserting ‘‘Secretary of Defense’’;
(ii) by striking ‘‘operation and maintenance, Navy’’
and inserting ‘‘operation and maintenance, Defensewide’’; and
(iii) by inserting before the period at the end the
following: ‘‘, that remain available for obligation or
expenditure as of the date on which the plan and
certification under subsection (a) are required to be
submitted’’.

SEC. 1022. LIMITATIONS ON USE OF FUNDS IN NATIONAL DEFENSE
SEALIFT FUND FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS.

Section 2218(f)(3) of title 10, United States Code, is amended—
(1) in subparagraph (C), by striking ‘‘seven’’ and inserting
‘‘nine’’;
(2) in subparagraph (E)—
(A) in the matter preceding clause (i), by striking ‘‘two’’
and inserting ‘‘four’’; and
(B) in clause (ii), by striking ‘‘2026’’ and inserting
‘‘2028’’; and
(3) in subparagraph (G), by striking ‘‘subparagraph (E)’’
and inserting ‘‘subparagraph (F)’’.
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR
INCREMENTALLY FUNDED CONTRACTS TO PROVIDE FULL
FUNDING FOR COLUMBIA CLASS SUBMARINES.

(a) IN GENERAL.—Section 2218a(h)(1) of title 10, United States
Code, is amended—
(1) by striking ‘‘incrementally funded contracts for’’ and
all that follows and inserting ‘‘incrementally funded contracts
for—’’; and
(2) by adding at the end the following new subparagraphs:
‘‘(A) advance procurement of high value, long lead time
items for nuclear powered vessels to better support construction
schedules and achieve cost savings through schedule reductions
and properly phased installment payments; and
‘‘(B) construction of the first two Columbia class submarines.’’.
(b) LIMITATION.—None of the amounts authorized to be appropriated or otherwise made available for any of fiscal years 2021
through 2023 for the Department of Defense for Shipbuilding and
Conversion, Navy, for the ‘‘Ohio Replacement Submarine’’ line item,
may be obligated or expended for the construction of SSBN 827,
unless otherwise specifically provided by law.

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SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING SUPPLIES BY SEA.

(a) PREFERENCE
SUPPLIES BY SEA.—

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134 STAT. 3841

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(1) IN GENERAL.—Section 2631 of title 10, United States
Code, is amended to read as follows:
‘‘§ 2631. Preference for United States vessels in transporting
supplies by sea
‘‘(a) IN GENERAL.—Supplies bought for the Army, Navy, Air
Force, or Marine Corps, or for a Defense Agency, or otherwise
transported by the Department of Defense, may only be transported
by sea in—
‘‘(1) a vessel belonging to the United States; or
‘‘(2) a vessel of the United States (as such term is defined
in section 116 of title 46).
‘‘(b) WAIVER AND NOTIFICATION.—(1) The Secretary of Defense
may waive the requirement under subsection (a) if such a vessel
is—
‘‘(A) not available at a fair and reasonable rate for commercial vessels of the United States; or
‘‘(B) otherwise not available.
‘‘(2) At least once each fiscal year, the Secretary of Defense
shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and
the reasons for such waiver.
‘‘(c) REQUIREMENTS FOR REFLAGGING OR REPAIR WORK.—(1)
In each request for proposals to enter into a time-charter contract
for the use of a vessel for the transportation of supplies under
this section, the Secretary of Defense shall require that—
‘‘(A) any reflagging or repair work on a vessel for which
a proposal is submitted in response to the request for proposals
be performed in the United States (including any territory
of the United States); and
‘‘(B) any corrective and preventive maintenance or repair
work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the
United States (including any territory of the United States)
for the duration of the contract, to the greatest extent practicable.
‘‘(2) The Secretary of Defense may waive a requirement under
paragraph (1) if the Secretary determines that such waiver is critical
to the national security of the United States. The Secretary shall
immediately submit, in writing, to the appropriate congressional
committees a notice of any waiver granted under this paragraph
and the reasons for such waiver.
‘‘(3) In this subsection:
‘‘(A) The term ‘reflagging or repair work’ means work performed on a vessel—
‘‘(i) to enable the vessel to meet applicable standards
to become a vessel of the United States; or
‘‘(ii) to convert the vessel to a more useful military
configuration.
‘‘(B) The term ‘corrective and preventive maintenance or
repair’ means—
‘‘(i) maintenance or repair actions performed as a result
of a failure in order to return or restore equipment to
acceptable performance levels; and
‘‘(ii) scheduled maintenance or repair actions to prevent
or discover functional failures.

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Time period.

Proposals.

Waiver authority.
Determination.
Notice.

Definitions.

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Determination.

10 USC 2631
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(d) COMPLIANCE.—The Secretary of Defense shall ensure that
contracting officers of the Department of Defense award contracts
under this section to responsible offerors and monitor and ensure
compliance with the requirements of this section. The Secretary
shall—
‘‘(1) ensure that timely, accurate, and complete information
on contractor performance under this section is included in
any contractor past performance database used by an executive
agency; and
‘‘(2) exercise appropriate contractual rights and remedies
against contractors who fail to comply with this section, or
subchapter I of chapter 553 of title 46, as determined by the
Secretary of Transportation under such subchapter, including
by—
‘‘(A) determining that a contractor is ineligible for an
award of such a contract; or
‘‘(B) terminating such a contract or suspension or
debarment of the contractor for such contract.
‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’
means—
‘‘(1) the Committees on Armed Services of the Senate and
the House of Representatives;
‘‘(2) the Committee on Transportation and Infrastructure
of the House of Representatives; and
‘‘(3) the Committee on Commerce, Science, and Transportation of the Senate.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 157 of title 10, United States Code, is
amended by striking the item relating to section 2631 and
inserting the following new item:
‘‘2631. Preference for United States vessels in transporting supplies by sea.’’.

(b) AMENDMENTS TO TITLE 46, UNITED STATES CODE.—
(1) TRANSFER OF PROVISION RELATING TO PRIORITY LOADING
FOR COAL.—
(A) IN GENERAL.—Section 55301 of title 46, United
States Code, is redesignated as section 55123 of such title,
transferred to appear after section 55122 of such title,
and amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in other
sections in such title.
(B) CONFORMING AMENDMENTS.—
(i) The analysis for subchapter I of chapter 553
of title 46, United States Code, is amended by striking
the item relating to section 55301.
(ii) The analysis for chapter 551 of title 46, United
States Code, is amended by inserting after the item
relating to section 55122 the following new item:

46 USC 55301
prec.
46 USC 55101
prec.

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‘‘55123. Priority loading for coal.’’.
46 USC 55301
prec.

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(2) AMENDMENT TO SUBCHAPTER HEADING.—The heading
of subchapter I of chapter 553 of title 46, United States Code,
is amended to read as follows:

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘SUBCHAPTER I—GOVERNMENT

134 STAT. 3843

IMPELLED TRANSPORTATION’’.

SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL VESSELS IN FOREIGN SHIPYARDS.

(a) EXCEPTION FOR DAMAGE REPAIR DUE TO HOSTILE ACTIONS
OR INTERVENTIONS.—Section 8680(a) of title 10, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘, other than in the case
of voyage repairs’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Notwithstanding paragraph (1), a naval vessel described
in paragraph (1) may be repaired in a shipyard outside the United
States or Guam if the repairs are—
‘‘(A) voyage repairs; or
‘‘(B) necessary to correct damage sustained due to hostile
actions or interventions.’’.
(b) LIMITED AUTHORITY TO USE FOREIGN WORKERS.—Section
8680(a)(2)(B)(i) of title 10, United States Code, is amended—
(1) by inserting ‘‘(I)’’ after ‘‘(i)’’; and
(2) by adding at the end the following new subclauses:
‘‘(II) Notwithstanding subclause (I), foreign workers may be
used to perform corrective and preventive maintenance or repair
on a vessel as described in subparagraph (A) only if the Secretary
of the Navy determines that travel by United States Government
personnel or United States contractor personnel to perform the
corrective or preventive maintenance or repair is not advisable
for health or safety reasons. The Secretary of the Navy may not
delegate the authority to make a determination under this subclause.
‘‘(III) Not later than 30 days after making a determination
under subclause (II), the Secretary of the Navy shall submit to
the congressional defense committees written notification of the
determination. The notification shall include the reasons why travel
by United States personnel is not advisable for health or safety
reasons, the location where the corrective and preventive maintenance or repair will be performed, and the approximate duration
of the corrective and preventive maintenance or repair.’’.
(c) TECHNICAL CORRECTION.—Section 8680(a)(2)(C)(ii) of title
10, United States Code, is amended by striking the period after
‘‘means—’’.

Determination.

Deadline.
Notification.

SEC. 1026. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE
DEFENSE INDUSTRIAL BASE.

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(a) IN GENERAL.—Chapter 863 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 8692. Biennial report on shipbuilder training and the
defense industrial base
‘‘Not later than February 1 of each even-numbered year until
2026, the Secretary of the Navy, in coordination with the Secretary
of Labor, shall submit to the Committee on Armed Services and
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Armed Services and the Committee
on Education and Labor of the House of Representatives a report
on shipbuilder training and hiring requirements necessary to
achieve the Navy’s 30-year shipbuilding plan and to maintain the
shipbuilding readiness of the defense industrial base. Each such
report shall include each of the following:

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10 USC 8692.
Coordination.

Analyses.

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134 STAT. 3844
Estimate.

Recommendations.

Recommendations.

10 USC 8661
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in particular
shipbuilding occupational specialties, including detailed
information about the occupational specialty requirements necessary for construction of naval surface ship and submarine
classes to be included in the Navy’s 30-year shipbuilding plan.
‘‘(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the shipbuilding defense industrial workforce.
‘‘(3) An analysis of the potential time and investment challenges associated with developing and retaining shipbuilding
skills in organizations that lack intermediate levels of shipbuilding experience.
‘‘(4) Recommendations concerning how to address shipbuilder training during periods of demographic transition and
evolving naval fleet architecture consistent with the Navy’s
most recent Integrated Force Structure Assessment.
‘‘(5) An analysis of whether emerging technologies, such
as augmented reality, may aid in new shipbuilder training.
‘‘(6) Recommendations concerning how to encourage young
adults to enter the defense shipbuilding industry and to develop
the skills necessary to support the shipbuilding defense industrial base.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘8692. 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.

(a) IN GENERAL.—Section 1046(b)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public law 115–91; 131
Stat. 1556) is amended by striking ‘‘certifies’’ and inserting ‘‘, with
the concurrence of the Director of Operational Test and Evaluation,
certifies in writing’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to waivers under subsection (b)(1) of section
1046 of the National Defense Authorization Act for Fiscal Year
2018 of the prohibition under subsection (a) of that section that
occur on or after that date.

Applicability.

SEC. 1028. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
EXPENSES FOR CERTAIN NAVY MESS OPERATIONS
AFLOAT.

Section 1014(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4585), as most recently amended by section 1023(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 966), is further amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2025’’.

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SEC. 1029. WORKING GROUP ON STABILIZATION OF NAVY SHIPBUILDING INDUSTRIAL BASE WORKFORCE.
Appointments.
Recommendations.

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(a) IN GENERAL.—The Secretary of the Navy and the Secretary
of Labor shall jointly establish and appoint members to a working

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3845

group, which shall make recommendations to enhance the integration of programs, resources, and expertise to strengthen the Navy
shipbuilding industrial base through greater stabilization of the
workforce available to the Navy shipbuilding industrial base.
(b) DUTIES.—The working group established pursuant to subsection (a) shall carry out the following activities:
(1) Analyze existing Department of the Navy shipbuilding
contracts and other relevant information to better anticipate
future employment trends and tailor support and opportunities
for workers most vulnerable to upcoming workforce fluctuations.
(2) Identify existing Department of Labor programs for
unemployed, underemployed, and furloughed employees that
could benefit the Navy shipbuilding industrial base workforce
during times of workload fluctuations and workforce instability,
and explore potential partnerships to connect employees with
appropriate resources.
(3) Explore possible cost sharing agreements to enable the
Secretary of the Navy to contribute funding to existing Department of Labor workforce programs to support the Navy shipbuilding industrial base workforce.
(4) Examine possible programs that will specifically assist
furloughed employees in the Navy shipbuilding industrial base
workforce who may sporadically rely on unemployment benefits.
(5) Explore opportunities for unemployed, underemployed,
or furloughed employees in the Navy shipbuilding industrial
base workforce to receive workforce training through temporary
partnerships with States, technical schools, community colleges,
and other local workforce development opportunities.
(6) Review existing training programs for the Navy shipbuilding industrial base workforce to maximize relevant and
necessary training opportunities that would broaden employee
skillset during times of unemployment, underemployment, or
furlough, where applicable.
(7) Assess the possibility of Navy shipbuilding employee
support programs to weather a period of unemployment, underemployment, or furlough, including compensation options, alternative employment, temporary stipends, or other worker support opportunities.
(8) Study cross-State credentialing requirements and identify any restrictions that inhibit the flexibility of the Navy
shipbuilding industrial base workforce to seek employment
opportunities across State lines, and make recommendations
to streamline licensing, credentialing, certification, and qualification requirements within the shipbuilding industry.
(9) Review additional or new contracting authorities that
could enable the Department of the Navy to award shortterm, flexible contracts that will prioritize work for unemployed,
underemployed, or furloughed employees within the Navy shipbuilding industrial base workforce.
(10) Identify specific workforce support programs to support
suppliers of all sizes within the Navy shipbuilding industrial
base, and assess any additional support from prime contractors
that would improve the stability of such suppliers.
(11) Assess whether greater collaboration with the United
States Coast Guard and its shipbuilding contractors and subcontractors would improve Navy shipbuilding industrial base

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Assessment.

Study.
Recommendations.

Review.

Assessment.

Assessment.

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134 STAT. 3846

Recommendations.
Reports.

Deadline.
Coordination.

Consultation.
Recommendations.

PUBLIC LAW 116–283—JAN. 1, 2021

workforce stability by assessing a totality of Navy and Coast
Guard shipbuilding demands.
(12) Consider potential pilot programs that will specifically
address Navy shipbuilding industrial base workforce stability.
(13) Explore any additional opportunities to invest in
recruiting, retaining, and training a skilled Navy shipbuilding
industrial base workforce.
(14) Consider and incorporate the findings and recommendations, as appropriate, of the report on shipbuilder
training and the defense industrial base required under section
1037 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92; 133 Stat. 1583).
(c) NOTICE OF ESTABLISHMENT AND STRUCTURE.—Not later than
90 days after the date of the enactment of this Act, the Secretary
of the Navy, in coordination with the Secretary of Labor, shall
submit to the congressional defense committees notice regarding
the membership and structure of the working group established
pursuant to subsection (a).
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy, in consultation
with the Secretary of Labor, shall submit to the congressional
defense committees, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Education and
Labor of the House of Representatives a report containing the
findings and recommendations of the working group established
pursuant to subsection (a).
(e) TERMINATION.—The working group established pursuant to
subsection (a) shall terminate on the date that is 30 days after
the submittal of the report required under subsection (d).
SEC. 1030. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES.

Time period.

None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Navy
may be obligated or expended to retire, or to prepare for the
retirement, transfer, or placement in storage of, any Department
of the Navy ship until the date that is 30 days after the date
on which Secretary of Defense submits to the congressional defense
committees the 2020 Naval Integrated Force Structure Assessment.

Subtitle D—Counterterrorism

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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.

Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1953), as amended by section 1043 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1586), is further amended by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3847

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.

Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954), as amended by section 1044 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1586), is further amended by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’.
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.

Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954), as amended by section 1042 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1568), is further amended by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.

Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most
recently amended by section 1045 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1586), is further amended by striking ‘‘fiscal year 2018, 2019,
or 2020’’ and inserting ‘‘fiscal years 2018 through 2021’’.

Subtitle E—Miscellaneous Authorities and
Limitations

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SEC. 1051. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

Section 127e of title 10, United States Code, is amended—
(1) by striking subsection (c) and inserting the following
new subsection (c):
‘‘(c) PROCEDURES.—
‘‘(1) IN GENERAL.—The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section. The Secretary shall
notify the congressional defense committees of any material
change to such procedures.
‘‘(2) ELEMENTS.—The procedures required under paragraph
(1) shall establish, at a minimum, each of the following:
‘‘(A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under
this section.
‘‘(B) The processes through which activities conducted
under this section are to be developed, validated, and
coordinated, as appropriate, with relevant Federal entities.
‘‘(C) The processes through which legal reviews and
determinations are made to comply with this section and

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Notification.

Strategy.

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134 STAT. 3848

Deadline.

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Plans.

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PUBLIC LAW 116–283—JAN. 1, 2021

ensure that the exercise of the authority in this section
is consistent with the national security of the United
States.’’;
(2) in subsection (d)(2), by adding at the end the following
new subparagraphs:
‘‘(G) A description of the entities with which the recipients of support are engaged in hostilities and whether
each such entity is covered under an authorization for
use of military force.
‘‘(H) A description of the steps taken to ensure the
support is consistent with United States national security
objectives.
‘‘(I) A description of the steps taken to ensure that
the recipients of support have not engaged in human rights
violations.’’;
(3) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively;
(4) by inserting after subsection (d) the following new subsection (e):
‘‘(e) NOTIFICATION OF SUSPENSION OR TERMINATION OF SUPPORT.—
‘‘(1) IN GENERAL.—Not later than 48 hours after suspending
or terminating support to any foreign force, irregular force,
group, or individual under the authority in this section, the
Secretary shall submit to the congressional defense committees
a written notice of such suspension or termination.
‘‘(2) ELEMENTS.—Notice provided under paragraph (1) with
respect to the suspension or termination of support shall include
each of the following elements:
‘‘(A) A description of the reasons for the suspension
or termination of such support.
‘‘(B) A description of any effects on regional, theatre,
or global campaign plan objectives anticipated to result
from the suspension or termination of such support.
‘‘(C) A plan for the suspension or termination of the
support, and, in the case of support that is planned to
be transitioned to another program of the Department of
Defense or another Federal department or agency, a
detailed description of the transition plan, including the
resources, equipment, capabilities, and personnel associated with such plan.’’; and
(5) by striking subsection (g), as redesignated by paragraph
(3), and inserting the following new subsection (g):
‘‘(g) CONSTRUCTION OF AUTHORITY.—Nothing in this section
may be construed to constitute authority to conduct or provide
statutory authorization for any of the following:
‘‘(1) A covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
‘‘(2) An introduction of the armed forces, (including as
such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c)), into hostilities, or into situations where
hostilities are clearly indicated by the circumstances, without
specific statutory authorization within the meaning of section
5(b) of such Resolution (50 U.S.C. 1544(b)).
‘‘(3) Activities or support of activities, directly or indirectly,
that are inconsistent with the laws of armed conflict.’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3849

SEC. 1052. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE
CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL
PREPARATION OF THE ENVIRONMENT.

(a) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by inserting after section 127e the following new section:

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‘‘§ 127f. Expenditure of funds for clandestine activities that
support operational preparation of the environment
‘‘(a) AUTHORITY.—Subject to subsections (b) through (d), the
Secretary of Defense may expend up to $15,000,000 in any fiscal
year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations
of a confidential nature. Such a determination is final and conclusive upon the accounting officers of the United States. The Secretary
may certify the amount of any such expenditure authorized by
the Secretary that the Secretary considers advisable not to specify,
and the Secretary’s certificate is sufficient voucher for the expenditure of that amount.
‘‘(b) FUNDS.—Funds for expenditures under this section in a
fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for operation and maintenance, Defensewide.
‘‘(c) LIMITATION ON DELEGATION.—The Secretary of Defense
may not delegate the authority under this section with respect
to any expenditure in excess of $250,000.
‘‘(d) EXCLUSION OF INTELLIGENCE ACTIVITIES.—(1) This section
does not constitute authority to conduct, or expend funds for, intelligence, counterintelligence, or intelligence-related activities.
‘‘(2) In this subsection, the terms ‘intelligence’ and ‘counterintelligence’ have the meaning given those terms in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
‘‘(e) ANNUAL REPORT.—Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on expenditures made under this section during
the fiscal year preceding the year in which the report is submitted.
Each report shall include, for each expenditure under this section
during the fiscal year covered by such report—
‘‘(1) the amount and date of such expenditure;
‘‘(2) a detailed description of the purpose for which such
expenditure was made;
‘‘(3) an explanation why other authorities available to the
Department of Defense could not be used for such expenditure;
and
‘‘(4) any other matters the Secretary considers appropriate.’’.

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10 USC 127f.

Determination.

Certification.

Definitions.

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134 STAT. 3850
10 USC 121 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 127e the following new item:
‘‘127f. Expenditure of funds for 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.

(a) INCLUSION OF DISASTER-RELATED EMERGENCY PREPAREDNESS ACTIVITIES AMONG LAW ENFORCEMENT ACTIVITIES AUTHORITIES.—
(1) INCLUSION.—Subsection (a)(1)(A) of section 2576a of
title 10, United States Code, is amended by inserting ‘‘disasterrelated emergency preparedness,’’ after ‘‘counterterrorism,’’.
(2) PREFERENCE IN TRANSFERS.—Subsection (d) of such section is amended to read as follows:
‘‘(d) PREFERENCE FOR CERTAIN TRANSFERS.—In considering
applications for the transfer of personal property under this section,
the Secretary shall give a preference to applications indicating
that the transferred property will be used in the counterdrug,
counterterrorism, disaster-related emergency preparedness, or
border security activities of the recipient agency. Applications that
request vehicles used for disaster-related emergency preparedness,
such as high-water rescue vehicles, should receive the highest preference.’’.
(b) ADDITIONAL CONDITIONS AND LIMITATIONS.—
(1) ADDITIONAL TRAINING OF RECIPIENT AGENCY PERSONNEL
REQUIRED.—Subsection (b)(6) of section 2576a of title 10, United
States Code, is amended by inserting before the period at
the end the following: ‘‘, including respect for the rights of
citizens under the Constitution of the United States and deescalation of force’’.
(2) CERTAIN PROPERTY NOT TRANSFERRABLE.—Such section
is further amended—
(A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(B) by inserting after subsection (d) the following new
subsection (e):
‘‘(e) PROPERTY NOT TRANSFERRABLE.—The Secretary may not
transfer to a Tribal, State, or local law enforcement agency under
this section the following:
‘‘(1) Bayonets.
‘‘(2) Grenades (other than stun and flash-bang grenades).
‘‘(3) Weaponized tracked combat vehicles.
‘‘(4) Weaponized drones.’’.

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SEC. 1054. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT CARRIERS BEFORE FIRST REFUELING.

Section 8062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f) A nuclear powered aircraft carrier may not be retired before
its first refueling.’’.

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134 STAT. 3851

SEC. 1055. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

(a) NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.—Section 8931 of title 10, United States Code, is amended to read
as follows:

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‘‘SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary of the Navy shall establish
a program to be known as the ‘National Oceanographic Partnership
Program’.
‘‘(b) PURPOSES.—The purposes of the program are as follows:
‘‘(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality
of life, ensuring environmental stewardship, and strengthening
science education and communication through improved knowledge of the ocean.
‘‘(2) To coordinate and strengthen oceanographic efforts
in support of those goals by—
‘‘(A) creating and carrying out partnerships among Federal agencies, academia, industry, and other members of
the oceanographic community in the areas of science, data,
technology development, resources, education, and communication; and
‘‘(B) accepting, planning, and executing oceanographic
research projects funded by grants, contracts, cooperative
agreements, or other vehicles as appropriate, that contribute to assuring national security, advancing economic
development, protecting quality of life, ensuring environmental stewardship, and strengthening science education
and communication through improved knowledge of the
ocean.’’.
(b) OCEAN POLICY COMMITTEE.—
(1) IN GENERAL.—Section 8932 of such title is amended—
(A) by striking subsections (a) through (f);
(B) by inserting the following new subsections (a)
through (e):
‘‘(a) COMMITTEE.—There is established an Ocean Policy Committee (hereinafter referred to as the ‘Committee’). The Committee
shall retain broad and inclusive membership.
‘‘(b) RESPONSIBILITIES.—The Committee shall—
‘‘(1) continue the activities of that Committee as it was
in existence on the day before the date of the enactment of
the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021;
‘‘(2) engage and collaborate, pursuant to existing laws and
regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require
interagency or intergovernmental solutions;
‘‘(3) facilitate coordination and integration of Federal activities in ocean and coastal waters to inform ocean policy and
identify priority ocean research, technology, and data needs;
and
‘‘(4) prescribe policies and procedures to implement the
National Oceanographic Partnership Program, including developing guidelines for review, selection, identification, and
approval of partnership projects, in conjunction with Federal

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Deadlines.
Public
information.
Web postings.

Summary.

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Summary.

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agencies participating in the program, for implementation
under the program, based on—
‘‘(A) whether the project addresses important research
objectives or operational goals;
‘‘(B) whether the project has, or is designed to have,
appropriate participation or support from public, academic,
commercial, and private entities within the oceanographic
community;
‘‘(C) whether the partners have a long-term commitment to the objectives of the project;
‘‘(D) whether the resources supporting the project are
shared among the partners;
‘‘(E) whether the project has been subjected to adequate
scientific and technical merit review according to each
participating agency; and
‘‘(F) the approval of such guidelines by a consensus
of the members of the Committee.
‘‘(c) DELEGATION OF RESPONSIBILITIES.—In discharging its
responsibilities in support of agreed-upon scientific needs, and to
assist in the execution of the responsibilities described in subsection
(b), the Committee may delegate responsibilities to a subcommittee
of the Committee, as the Committee determines appropriate.
‘‘(d) ANNUAL REPORT AND BRIEFING.—(1) Not later than March
1 of each year, the Committee shall—
‘‘(A) make publicly available on an appropriate website
a report on the National Oceanographic Partnership Program;
and
‘‘(B) provide to the appropriate congressional committees
a briefing on the contents of the report.
‘‘(2) Not later than 30 days after providing a briefing under
paragraph (1)(B), the Committee shall make publicly available on
an appropriate website the briefing materials covered by the
briefing.
‘‘(3) Each report and briefing shall include the following:
‘‘(A) A description of activities of the National Oceanographic Partnership Program carried out during the fiscal year
preceding the fiscal year during which the report is published.
‘‘(B) A general outline of the activities planned for the
program during the fiscal year during which the report is
published.
‘‘(C) A summary of projects, partnerships, and collaborations, including the Federal and non-Federal sources of funding,
continued from the fiscal year preceding the fiscal year during
which the report is published and projects expected to begin
during the fiscal year during which the report is published
and any subsequent fiscal year, as required under subsection
(e)(4)(C).
‘‘(D) The amounts requested in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the fiscal
year following the fiscal year during which the report is published, for the programs, projects, activities and the estimated
expenditures under such programs, projects, and activities, to
execute the National Oceanographic Partnership Program.
‘‘(E) A summary of national ocean research priorities
informed by the Ocean Research Advisory Panel, as required
under section 8933(b)(4) of this title.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3853

‘‘(F) A list of the members of the Ocean Research Advisory
Panel established under section 8933(a) of this title and any
working groups described in subsection (e)(4)(A) in existence
during the fiscal years covered by the report.
‘‘(e) PARTNERSHIP PROGRAM OFFICE.—(1) The Secretary of the
Navy and Administrator of the National Oceanic and Atmospheric
Administration shall jointly establish a partnership program office
for the National Oceanographic Partnership Program.
‘‘(2) The Secretary of the Navy and Administrator of the
National Oceanic and Atmospheric Administration shall use
competitive procedures to select a non-Government entity to manage
the partnership program office.
‘‘(3) The Committee shall monitor the management of the partnership program office.
‘‘(4) The partnership program office shall perform the following
duties:
‘‘(A) Supporting working groups established by the Committee or subcommittee and reporting to the Committee and
to any Federal agency that has contributed amounts to the
National Oceanographic Partnership Program on the activities
of such working groups, including the proposals of such working
groups for partnership projects.
‘‘(B) Supporting the process for proposing partnership
projects to the Committee and to the agencies referred to in
subparagraph (A), including, where appropriate, managing
review of such projects.
‘‘(C) Submitting to the appropriate congressional committees, and making publicly available, an annual report on the
status of all partnership projects, including the Federal and
non-Federal sources of funding for each project, and activities
of the office.
‘‘(D) Performing such additional duties for the administration of the National Oceanographic Partnership Program that
the Committee and the agencies referred to in subparagraph
(A) consider appropriate.’’;
(C) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;
(D) in subsections (f) and (g), as so redesignated, by
striking ‘‘Council’’ each place it appears and inserting
‘‘Committee’’;
(E) by inserting after subsection (g), as so redesignated,
the following new subsection (h):
‘‘(h) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional committees’ means—
‘‘(1) the Committee on Commerce, Science, and Transportation of the Senate;
‘‘(2) the Committee on Armed Services of the Senate;
‘‘(3) the Committee on Appropriations of the Senate;
‘‘(4) the Committee on Natural Resources of the House
of Representatives;
‘‘(5) the Committee on Science, Space, and Technology of
the House of Representatives;
‘‘(6) the Committee on Armed Services of the House of
Representatives; and
‘‘(7) the Committee on Appropriations of the House of Representatives.’’.
(2) CLERICAL AMENDMENTS.—

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List.

Definitions.

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134 STAT. 3854

PUBLIC LAW 116–283—JAN. 1, 2021
(A) SECTION HEADING.—The heading for section 8932
of title 10, United States Code, is amended to read as
follows:

10 USC 8931
prec.

‘‘§ 8932. Ocean Policy Committee’’.
(B) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 893 of title 10, United States Code,
is amended by striking the item relating to section 8932
and inserting the following new item:
‘‘8932. Ocean Policy Committee.’’.

(c) OCEAN RESEARCH ADVISORY PANEL.—Section 8933 of such
title is amended to read as follows:

Appointments.

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Time period.

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‘‘§ 8933. Ocean Research Advisory Panel
‘‘(a) ESTABLISHMENT.—(1) The Ocean Policy Committee shall
establish an Ocean Research Advisory Panel (in this section referred
to as the ‘Advisory Panel’). The Advisory Panel shall consist of
not fewer than 10 and not more than 18 members appointed by
the co-chairs of the Committee, including each of the following:
‘‘(A) Three members who represent the National Academies
of Sciences, Engineering, and Medicine.
‘‘(B) Members selected from among individuals who represent the views of ocean industries, State, tribal, territorial
or local governments, academia, and such other views as the
co-chairs consider appropriate.
‘‘(C) Members selected from among individuals eminent
in the fields of marine science, marine technology, and marine
policy, or related fields.
‘‘(2) The Committee shall ensure that an appropriate balance
of academic, scientific, industry, and geographical interests and
gender and racial diversity are represented by the members of
the Advisory Panel.
‘‘(b) RESPONSIBILITIES.—The Committee shall assign the following responsibilities to the Advisory Panel:
‘‘(1) To advise the Committee on policies and procedures
to implement the National Oceanographic Partnership Program.
‘‘(2) To advise the Committee on matters relating to
national oceanographic science, engineering, facilities, or
resource requirements.
‘‘(3) To advise the Committee on improving diversity,
equity, and inclusion in the ocean sciences and related fields.
‘‘(4) To advise the Committee on national ocean research
priorities.
‘‘(5) Any additional responsibilities that the Committee considers appropriate.
‘‘(c) MEETINGS.—The Committee shall require the Advisory
Panel to meet not less frequently than two times each year.
‘‘(d) ADMINISTRATIVE AND TECHNICAL SUPPORT.—The Administrator of the National Oceanic and Atmospheric Administration
shall provide to the Advisory Panel such administrative and technical support as the Advisory Panel may require.
‘‘(e) TERMINATION.—Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall
terminate on January 1, 2040.’’.

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134 STAT. 3855

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SEC. 1056. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE ASSISTANCE
ALONG THE SOUTHERN LAND BORDER OF THE UNITED
STATES.

(a) AUTHORITY.—Subsection (a) of section 1059 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 129 Stat. 986; 10 U.S.C. 271 note prec.) is amended to read
as follows:
‘‘(a) AUTHORITY.—
‘‘(1) PROVISION OF ASSISTANCE.—
‘‘(A) IN GENERAL.—The Secretary of Defense may provide assistance to United States Customs and Border
Protection for purposes of increasing ongoing efforts to
secure the southern land border of the United States in
accordance with the requirements of this section.
‘‘(B) REQUIREMENTS.—If the Secretary provides assistance under subparagraph (A), the Secretary shall ensure
that the provision of the assistance will not negatively
affect military training, operations, readiness, or other military requirements.
‘‘(2) NOTIFICATION REQUIREMENT.—Not later than 7 days
after the date on which the Secretary approves a request for
assistance from the Department of Homeland Security under
paragraph (1), the Secretary shall electronically transmit to
the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland
Security of the House of Representatives notice of such
approval.’’.
(b) REPORTING REQUIREMENTS.—Subsection (f) of such section
is amended to read as follows:
‘‘(f) REPORTS.—
‘‘(1) REPORT REQUIRED.—At the end of each three-month
period during which assistance is provided under subsection
(a), the Secretary of Defense, in coordination with the Secretary
of Homeland Security, shall submit to the Committee on Armed
Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed
Services and the Committee on Homeland Security of the House
of Representatives a report that includes, for the period covered
by the report, each of the following:
‘‘(A) A description of the assistance provided.
‘‘(B) A description of the Armed Forces, including the
reserve components, deployed as part of such assistance,
including an identification of—
‘‘(i) the members of the Armed Forces, including
members of the reserve components, deployed,
including specific information about unit designation,
size of unit, and whether any personnel in the unit
deployed under section 12302 of title 10, United States
Code;
‘‘(ii) the projected length of the deployment and
any special pay and incentives for which deployed personnel may qualify during the deployment;
‘‘(iii) any specific pre-deployment training provided
for such members of the Armed Forces, including members of the reserve components;

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Deadline.

Time periods.
Coordination.

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134 STAT. 3856

Classified
information.
10 USC 284 note.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(iv) the specific missions and tasks, by location,
that are assigned to the members of the Armed Forces,
including members of the reserve components, who
are so deployed; and
‘‘(v) the locations where units so deployed are conducting their assigned mission, together with a map
showing such locations.
‘‘(C) A description of any effects of such deployment
on military training, operations, readiness, or other military requirements.
‘‘(D) The sources and amounts of funds obligated or
expended—
‘‘(i) during the period covered by the report; and
‘‘(ii) during the total period for which such support
has been provided.
‘‘(2) FORM OF REPORT.—Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.’’.
(c) CLASSIFICATION.—The Law Revision Counsel is directed to
move section 1059 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 986; 10 U.S.C.
271 note prec.), as amended by this section, to a note following
section 284 of title 10, United States Code.
SEC. 1057. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF A–
10 AIRCRAFT.

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Determinations.

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(a) LIMITATION.—Except as provided under subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for the Department of Defense for any fiscal year
may be obligated or expended during fiscal year 2021 to divest
or retire any A–10 aircraft.
(b) EXCEPTION.—The limitation under subsection (a) shall not
apply to any individual A–10 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer
mission capable because of a mishap or other damage or because
the aircraft is uneconomical to repair.
(c) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on the
progress made toward the A–10 re-wing contracts and the progress
made in re-winging some of the 283 A–10 aircraft that have not
received new wings.

10 USC 2224
note.

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.

Huawei
Technologies
Company.
ZTE Corporation.

(a) IN GENERAL.—Prior to basing a major weapon system or
additional permanently assigned forces comparable to or larger
than a battalion, squadron, or naval combatant in a host country
with at-risk 5th generation (in this section referred to as ‘‘5G’’)
or sixth generation (in this section referred to as ‘‘6G’’) wireless
network equipment, software, or services, including supply chain
vulnerabilities identified by the Federal Acquisition Security
Council, where United States military personnel and their families
will be directly connected or subscribers to networks that include
such at-risk equipment, software, and services in their official duties
or in the conduct of personal affairs, the Secretary of Defense

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3857

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shall take into consideration the risks to personnel, equipment,
and operations of the Department of Defense in the host country
posed by current or intended use by such country of 5G or 6G
telecommunications architecture provided by at-risk vendors,
including Huawei and ZTE, and any steps to mitigate those risks,
including—
(1) any steps being taken by the host country to mitigate
any potential risks to the weapon systems, military units, or
personnel, and the Department of Defense’s assessment of those
efforts;
(2) any steps being taken by the United States Government,
separately or in collaboration with the host country, to mitigate
any potential risks to the weapon systems, permanently
deployed forces, or personnel;
(3) any defense mutual agreements between the host
country and the United States intended to allay the costs
of risk mitigation posed by the at-risk infrastructure; and
(4) any other matters the Secretary determines to be relevant.
(b) APPLICABILITY.—The requirements under subsection (a)—
(1) apply with respect to the permanent long-term stationing of equipment and permanently assigned forces; and
(2) do not apply with respect to the short-term deployment
or rotational presence of equipment or forces to a military
installation outside the United States in connection with any
exercise, dynamic force employment, contingency operation, or
combat operation.
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains an assessment of—
(A) the risk to personnel, equipment, and operations
of the Department of Defense in host countries posed by
the current or intended use by such countries of 5G or
6G telecommunications architecture provided by at-risk
vendors, including Huawei and ZTE; and
(B) measures required to mitigate the risk described
in paragraph (1).
(2) FORM.—The report required by paragraph (1) shall be
submitted in a classified form with an unclassified summary.
(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term
‘‘major weapon system’’ has the meaning given that term in section
2379(f) of title 10, United States Code.

Assessment.

Classified
information.

SEC. 1059. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE PROPOSALS.

10 USC 122a
note.

Not later than 21 days after the transmission to the Committee
on Armed Services of the Senate or the Committee on Armed
Services of the House of Representatives of any official Department
of Defense legislative proposal, the Secretary of Defense shall make
publicly available on a website of the Department such legislative
proposal, including any bill text and section-by-section analysis
associated with the proposal.

Deadline.
Web posting.
Analysis.

SEC. 1060. ARCTIC PLANNING, RESEARCH, AND DEVELOPMENT.

10 USC 113 note.

(a) ARCTIC PLANNING AND IMPLEMENTATION.—

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134 STAT. 3858

(1) IN GENERAL.—The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall continue assessing potential multi-domain risks in the Arctic, identifying capability
and capacity gaps in the current and projected force, and planning for and implementing the training, equipping, and doctrine
requirements necessary to mitigate such risks and gaps.
(2) TRAINING.—In carrying out paragraph (1), the Secretary
may direct the Armed Forces to conduct training in the Arctic
or training relevant to military operations in the Arctic.
(b) ARCTIC RESEARCH AND DEVELOPMENT PROGRAM.—
(1) IN GENERAL.—If the Secretary of Defense determines
that there are capability or capacity gaps for the Armed Forces
in the Arctic, the Secretary may conduct research and development on the current and future requirements and needs of
the Armed Forces for operations in the Arctic.
(2) ELEMENTS.—Research and development conducted
under paragraph (1) may include the following:
(A) Development of doctrine to address any identified
gaps, including the study of existing doctrine of partners
and allies of the United States.
(B) Development of materiel solutions for operating
in extreme weather environments of the Arctic, including
equipment for individual members of the Armed Forces,
ground vehicles, and communications systems.
(C) Development of a plan for fielding future weapons
platforms able to operate in Arctic conditions.
(D) Development of capabilities to monitor, assess, and
predict environmental and weather conditions in the Arctic
and the effect of such conditions on military operations.
(E) Determining requirements for logistics and
sustainment of the Armed Forces operating in the Arctic.

Plan.

Determination.
Requirements.

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10 USC 2350o
note.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1061. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION
CENTER PACIFIC IN THE INDO-PACIFIC REGION.

(a) AUTHORITY TO ESTABLISH.—
(1) IN GENERAL.—The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize—
(A) the establishment of a Movement Coordination
Center Pacific (in this section referred to as the ‘‘Center’’);
and
(B) the participation of the Department of Defense
in an Air Transport and Air-to-Air refueling and other
Exchanges of Services program (in this section referred
to as the ‘‘ATARES program’’) of the Center.
(2) SCOPE OF PARTICIPATION.—Participation in the ATARES
program under paragraph (1)(B) shall be limited to the reciprocal exchange or transfer of air transportation and air
refueling services on a reimbursable basis or by replacementin-kind or the exchange of air transportation or air refueling
services of an equal value with foreign militaries.
(3) LIMITATIONS.—The Department of Defense’s balance of
executed transportation hours, whether as credits or debits,
in participation in the ATARES program under paragraph
(1)(B) may not exceed 500 hours. The Department of Defense’s
balance of executed flight hours for air refueling in the ATARES
program under paragraph (1)(B) may not exceed 200 hours.
(b) WRITTEN ARRANGEMENT OR AGREEMENT.—

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134 STAT. 3859

(1) ARRANGEMENT OR AGREEMENT REQUIRED.—The participation of the Department of Defense in the ATARES program
under subsection (a) shall be in accordance with a written
arrangement or agreement entered into by the Secretary of
Defense, with the concurrence of the Secretary of State.
(2) FUNDING ARRANGEMENTS.—If Department of Defense
facilities, equipment, or funds are used to support the ATARES
program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing
or other funding arrangement.
(3) OTHER ELEMENTS.—Any written arrangement or agreement entered into under paragraph (1) shall require that any
accrued credits and liabilities resulting from an unequal
exchange or transfer of air transportation or air refueling services shall be liquidated, not less than once every 5 years,
through the ATARES program.
(c) IMPLEMENTATION.—In carrying out any written arrangement
or agreement entered into under subsection (b), the Secretary of
Defense may—
(1) pay the Department of Defense’s equitable share of
the operating expenses of the Center and the ATARES program
from funds available to the Department of Defense for operation
and maintenance; and
(2) assign members of the Armed Forces or Department
of Defense civilian personnel, within billets authorized for the
United States Indo-Pacific Command, to duty at the Center
as necessary to fulfill the obligations of the Department of
Defense under that arrangement or agreement.

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SEC. 1062. LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS
OF
HIGHER
EDUCATION
HOSTING
CONFUCIUS
INSTITUTES.

(a) LIMITATION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be
provided to an institution of higher education that hosts a Confucius
Institute, other than amounts provided directly to students as educational assistance.
(b) WAIVER.—
(1) IN GENERAL.—The Secretary of Defense may waive the
limitation under subsection (a) with respect to an institution
of higher education if the Secretary, after consultation with
the National Academies of Sciences, Engineering, and Medicine,
determines such a waiver is appropriate.
(2) MANAGEMENT PROCESS.—If the Secretary issues a
waiver under paragraph (1), the academic liaison designated
pursuant to subsection (g) of section 1286 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (10
U.S.C. 2358 note), as amended by section 1299C of this Act,
shall manage the waiver process on behalf of the Secretary.
(c) EFFECTIVE DATE.—The limitation under subsection (a) shall
apply with respect to the first fiscal year that begins after the
date that is 24 months after the date of the enactment of this
Act and to any subsequent fiscal year.
(d) DEFINITIONS.—In this section:

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Time period.

10 USC 2241
note.

Consultation.
Determination.

Applicability.

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PUBLIC LAW 116–283—JAN. 1, 2021
(1) The term ‘‘Confucius Institute’’ means a cultural
institute directly or indirectly funded by the Government of
the People’s Republic of China.
(2) The term ‘‘institution of higher education’’ has the
meaning given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).

China.

SEC. 1063. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS
PROGRAM.

Of the funds authorized to be appropriated by this Act for
fiscal year 2021 for the Department of Defense, the Secretary of
Defense may contribute $5,000,000 to support the National Maritime Heritage Grants Program established under section 308703
of title 54, United States Code.
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.

(a) IN GENERAL.—Chapter 41 of title 10, United States Code,
is amended by adding at the end the following new section:
10 USC 723.

10 USC 711 prec.

‘‘§ 723. Support of Federal authorities in response to civil
disturbances: requirement for use of members of
the Armed Forces and Federal law enforcement personnel
‘‘(a) REQUIREMENT.—Whenever a member of the armed forces
(including the National Guard) or Federal law enforcement personnel provide support to Federal authorities to respond to a civil
disturbance, each individual employed in the capacity of providing
such support shall visibly display—
‘‘(1) the individual’s name or other individual identifier
that is unique to that individual; and
‘‘(2) the name of the armed force, Federal entity, or other
organization by which such individual is employed.
‘‘(b) EXCEPTION.—The requirement under subsection (a) shall
not apply to individuals referred to in such subsection who—
‘‘(1) do not wear a uniform or other distinguishing clothing
or equipment in the regular performance of their official duties;
or
‘‘(2) are engaged in undercover operations in the regular
performance of their official duties.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘723. Support of Federal authorities in response to civil disturbances: requirement
for use of members of the Armed Forces and Federal law enforcement
personnel.’’.

Subtitle F—Studies and Reports

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SEC. 1071. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES.
Contracts.

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(a) IN GENERAL.—The Secretary of Defense shall enter into
an agreement with a federally funded research and development
corporation under which such corporation shall conduct a study

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3861

of the responsibilities, authorities, policies, programs, resources,
organization, and activities of the explosive ordnance disposal agencies of the Department of Defense, Defense Agencies, and military
departments. In carrying out the study, the federally funded
research and development corporation shall solicit input from relevant nonprofit organizations, such as the National Defense Industrial Association EOD Committee, the United States Army EOD
Association, the United States Bomb Technician Association, and
the EOD Warrior Foundation.
(b) ELEMENTS OF STUDY.—The study conducted under subsection (a) shall include, for the Department of Defense, each
Defense Agency, and each of the military departments, each of
the following:
(1) An identification and evaluation of—
(A) technology research, development, and acquisition
activities related to explosive ordnance disposal, including
an identification and evaluation of—
(i) current and future technology and related
industrial base gaps; and
(ii) any technical or operational risks associated
with such technology or related industrial base gaps;
(B) recruiting, training, education, assignment, promotion, and retention of military and civilian personnel
with responsibilities relating to explosive ordnance disposal;
(C) administrative and operational force structure with
respect to explosive ordnance disposal, including an identification and assessment of risk associated with force structure capacity or capability gaps, if any; and
(D) the demand for, and activities conducted in support
of, domestic and international military explosive ordnance
disposal operations, including—
(i) support provided to Department of Defense
agencies and other Federal agencies; and
(ii) an identification and assessment of risk associated with the prioritization and availability of explosive
ordnance disposal support among supported agencies
and operations.
(2) Recommendations, if any, for changes to—
(A) the organization and distribution of responsibilities
and authorities relating to explosive ordnance disposal;
(B) the explosive ordnance disposal force structure,
management, prioritization, and operating concepts in support of the explosive ordnance disposal requirements of
the Armed Forces and other Federal agencies; and
(C) resource investment strategies and technology
prioritization for explosive ordnance disposal, including
science and technology, prototyping, experimentation, test
and evaluation, and related 5-year funding profiles.
(c) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than December 31, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on the study conducted under subsection
(a). Such report shall include the comments on the study,
if any, of the Secretary of Defense, the directors of each of
the Defense Agencies, and the Secretaries of each of the military
departments.

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Evaluations.

Recommendations.

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134 STAT. 3862

PUBLIC LAW 116–283—JAN. 1, 2021
(2) FORM OF REPORT.—The report submitted under paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.

Classified
information.

SEC. 1072. STUDY ON FORCE STRUCTURE FOR MARINE CORPS AVIATION.

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Recommendations.
Assessments.

Classified
information.

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(a) STUDY REQUIRED.—The Secretary of Defense shall provide
for the performance of a study on the force structure for Marine
Corps aviation through 2030.
(b) RESPONSIBILITY FOR STUDY.—The Secretary shall select one
of the following types of entities to perform the study pursuant
to subsection (a):
(1) An appropriate Federally funded research and development center.
(2) An appropriate organization described in section
501(c)(3) of the Internal Revenue Code of 1986 which is exempt
from taxation under section 501(a) of such code.
(c) MATTERS TO BE CONSIDERED.—In performing the study
pursuant to subsection (a), the entity performing the study shall
take into account, within the context of the current force structure
for Marine Corps aviation, the following:
(1) The 2018 National Defense Strategy and the 2018
National Military Strategy.
(2) The Marine Corps Force Design 2030.
(3) Potential roles and missions for Marine Corps aviation
given new operating concepts for the Marine Corps.
(4) The potential for increased requirements for survivable
and dispersed strike aircraft.
(5) The potential for increased requirements for tactical
or intratheater lift, amphibious lift, or surface connectors.
(d) STUDY RESULTS.—The results of the study performed pursuant to subsection (a) shall include the following:
(1) The various force structures for Marine Corps aviation
through 2030 considered under such study, together with the
assumptions and possible scenarios identified for each such
force structure.
(2) A recommendation for the force structure for Marine
Corps aviation through 2030, including the following in connection with such force structure:
(A) Numbers and type of aviation assets, numbers
and types of associated unmanned assets, and basic
capabilities of each such asset.
(B) A description and assessment of the deviation of
such force structure from the most recent Marine Corps
Aviation Plan.
(C) Any other information required for assessment of
such force structure, including supporting analysis.
(3) A presentation and discussion of minority views among
participants in such study.
(e) REPORT.—
(1) IN GENERAL.—Not later than September 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the results of the study performed pursuant to subsection (a).
(2) FORM.—The report under this subsection shall be submitted in unclassified form, but may include a classified annex.

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134 STAT. 3863

SEC. 1073. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE
PACIFIC REGION.

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(a) REPORT.—Not later than March 15, 2021, the Secretary
of Defense, in coordination with the Chairman of the Joint Chiefs
of Staff, the Commander of United States Indo-Pacific Command,
and the head of each of the military departments, shall submit
to the congressional defense committees a report containing a plan
to integrate combined, joint, and multi-domain training and
experimentation in the Pacific region, including existing and future
ranges, training areas, and test facilities, to achieve the following
objectives:
(1) Support future combined and joint exercises and
training to test operational capabilities and weapon systems.
(2) Employ multi-domain training to validate joint operational concepts.
(3) Integrate allied and partner countries into nationallevel exercises.
(4) Build and sustain United States military readiness.
(b) MATTERS.—The report under subsection (a) shall address
the following:
(1) Integration of cyber, space, and electromagnetic spectrum domains.
(2) Mobile and fixed range instrumentation packages for
experimentation and training.
(3) Digital, integrated command and control for air defense
systems.
(4) Command, control, communications, computer, and
information systems.
(5) War gaming, modeling, and simulations packages.
(6) Intelligence support systems.
(7) Manpower management, execution, collection, and analysis required for the incorporation of space and cyber activities
into the training range exercise plan contained in the report.
(8) Connectivity requirements to support all domain
integration and training.
(9) Any training range upgrades or infrastructure improvements necessary to integrate legacy training and exercise facilities into integrated, operational sites.
(10) Exercises led by the United States Indo-Pacific Command, within the area of operations of the Command, that
integrate allied and partnered countries and link to the
national-level exercises of the United States.
(11) Incorporation of any other functional and geographic
combatant commands required to support the United States
Indo-Pacific Command.
(12) Incorporation of concepts related to the Joint
Warfighting Concept, as applicable.
(13) The plan, resource requirements, and any additional
authorities needed through fiscal year 2031 to achieve the
objectives referred to in subsection (a).
(c) FORM.—The report under subsection (a) may be submitted
in classified form, and shall include an unclassified summary.

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Coordination.
Plan.

Classified
information.

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134 STAT. 3864

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1074. REPORTS ON THREATS TO UNITED STATES FORCES FROM
SMALL UNMANNED AIRCRAFT SYSTEMS WORLDWIDE.
Deadline.

Classified
information.

Assessments.

Classified
information.

Assessments.

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Evaluation.

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(a) STRATEGY TO COUNTER THREATS FROM SMALL UNMANNED
AIRCRAFT SYSTEMS.—Not later than 90 days after the date of enactment of this Act, the Secretary of the Army, as the Department
of Defense executive agent for the Department of Defense countersmall unmanned aircraft systems program, shall develop and
submit to Congress a strategy to effectively counter threats from
small unmanned aircraft systems worldwide. The strategy shall
be submitted in classified form.
(b) REPORT ON EXECUTIVE AGENT ACTIVITIES.—
(1) REPORT REQUIRED.—Not later than one year after the
date of the enactment of this Act, the Secretary of the Army
shall submit to Congress a report on the counter-small
unmanned aircraft systems program.
(2) ELEMENTS.—The report required by paragraph (1) shall
include each of the following:
(A) A description and assessment of the structure and
activities of the Secretary of the Army as the executive
agent for the counter-small unmanned aircraft systems
program, including the following:
(i) Any obstacles hindering the effective discharge
of its functions and activities, including limitations
in authorities or policy.
(ii) The changes, if any, to airspace management,
rules of engagement, and training plans that are
required in order to optimize the use by the Armed
Forces of counter-small unmanned aircraft systems.
(B) An assessment of the implementation of the
strategy required by subsection (a), and a description of
any updates to the strategy that are required in light
of evolving threats to the Armed Forces from small
unmanned aircraft systems.
(c) REPORT ON THREAT FROM SMALL UNMANNED AIRCRAFT SYSTEMS.—
(1) REPORT REQUIRED.—Not later than 180 days after the
submittal of the strategy required by subsection (a), the Secretary of Defense shall submit to the appropriate committees
of Congress a report that sets forth a direct comparison between
the threats United States forces in combat settings face from
small unmanned aircraft systems and the capabilities of the
United States to counter such threats. The report shall be
submitted in classified form.
(2) COORDINATION.—The Secretary shall prepare the report
required by paragraph (1) in coordination with the Director
of the Defense Intelligence Agency and with such other appropriate officials of the intelligence community, and such other
officials in the United States Government, as the Secretary
considers appropriate.
(3) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) An evaluation and assessment of the current and
evolving threat to United States forces from small
unmanned aircraft systems.
(B) A description of the counter-small unmanned aircraft systems acquired by the Department of Defense as
of the date of the enactment of this Act, and an assessment

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3865

whether such systems are adequate to meet the current
and evolving threat described in subparagraph (A).
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of
Representatives.
(d) INDEPENDENT ASSESSMENT OF COUNTER-SMALL UNMANNED
AIRCRAFT SYSTEMS PROGRAM.—
(1) ASSESSMENT.—Not later than 60 days after the submittal of the strategy required by subsection (a), the Secretary
of Defense shall seek to enter into a contract with a federally
funded research and development center to conduct an assessment of the efficacy of the counter-small unmanned aircraft
systems program.
(2) ELEMENTS.—The assessment conducted pursuant to
paragraph (1) shall include the following:
(A) An identification of metrics to assess progress in
the implementation of the strategy required by subsection
(a), which metrics shall take into account the threat assessment required for purposes of subsection (c).
(B) An assessment of progress, and key challenges,
in the implementation of the strategy using such metrics,
and recommendations for improvements in the implementation of the strategy.
(C) An assessment of the extent to which the Department of Defense is coordinating adequately with other
departments and agencies of the United States Government, and other appropriate entities, in the development
and procurement of counter-small unmanned aircraft systems for the Department.
(D) An assessment of the extent to which the designation of the Secretary of the Army as the executive agent
for the counter-small unmanned aircraft systems program
has reduced redundancies and increased efficiencies in
procurement of counter-small unmanned aircraft systems.
(E) An assessment whether United States technological
progress on counter-small unmanned aircraft systems is
sufficient to maintain a competitive edge over the small
unmanned aircraft systems technology available to United
States adversaries.
(3) REPORT.—Not later than 180 days after entering into
the contract referred to in paragraph (1), the Secretary shall
submit to the congressional defense committees a report setting
forth the results of the assessment required under the contract.

Deadline.
Contracts.

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SEC. 1075. UNDER SECRETARY OF DEFENSE (COMPTROLLER) REPORTS
ON IMPROVING THE BUDGET JUSTIFICATION AND
RELATED MATERIALS OF THE DEPARTMENT OF DEFENSE.

(a) REPORTS REQUIRED.—Not later than April 1 of each of
2021 through 2025, the Under Secretary of Defense (Comptroller)
shall submit to the congressional defense committees a report on
the following matters:

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134 STAT. 3866

PUBLIC LAW 116–283—JAN. 1, 2021

(1) Modernization of covered materials, including the following:
(A) Updating the format of such materials in order
to account for significant improvements in document
management and data visualization.
(B) Expanding the scope and quality of data included
in such materials.
(2) Streamlining of the production of covered materials
within the Department of Defense.
(3) Transmission of covered materials to Congress.
(4) Availability of adequate resources and capabilities to
permit the Department to integrate changes to covered materials together with its submittal of current covered materials.
(5) Promotion of the flow between the Department and
the congressional defense committees of other information
required by Congress for its oversight of budgeting for the
Department and the future-years defense programs.
(b) COVERED MATERIALS DEFINED.—In this section, the term
‘‘covered materials’’ means the following:
(1) Materials submitted in support of the budget of the
President for a fiscal year under section 1105(a) of title 31,
United States Code.
(2) Materials submitted in connection with the future-years
defense program for a fiscal year under section 221 of title
10, United States Code.
SEC. 1076. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND
AND CONTROL EFFORT.

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Time period.

Review.

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(a) IN GENERAL.—During the period beginning on October 1,
2021, and ending on October 1, 2024, the Vice Chairman of the
Joint Chiefs of Staff, the Chief Information Officer of the Department of Defense, and a senior military service representative for
each of the Armed Forces shall provide to the Committees on
Armed Services of the Senate and House of Representatives quarterly briefings on the progress of the Department’s Joint All Domain
Command and Control (in this section referred to as ‘‘JADC2’’)
effort.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the JADC2 effort, the following elements:
(1) The status of the joint concept of command and control.
(2) How the JADC2 effort is identifying gaps and
addressing validated requirements based on the joint concept
of command and control.
(3) Progress in developing specific plans to evaluate and
implement materiel and non-materiel improvements to command and control capabilities.
(4) Clarification on distribution of responsibilities and
authorities within the Cross Functional Team, the Armed
Forces, and the Office of the Secretary of Defense with respect
to JADC2, and how the Armed Forces, the Cross Functional
Team, and the Office of the Secretary of Defense are synchronizing and aligning with joint and military concepts, solutions,
experimentation, and exercises.
(5) The status of and review of any recommendations for
resource allocation necessary to achieve operational JADC2.

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134 STAT. 3867

(6) A sufficiency assessment of planned funding across
the future years defense program for the development of JADC2
capabilities.

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SEC.

1077.

REPORT ON CIVILIAN
AUTHORITIES.

CASUALTY

RESOURCING

AND

(a) PURPOSE.—The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 116–92; 10 U.S.C. 134 note).
(b) 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 on the current
resources and authorities applied to civilian casualty mitigation,
investigation, and response and an articulation of what, if any,
additional resources or authorities will be necessary to fully implement 936 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 116–92; 10 U.S.C. 134 note).
(c) ELEMENTS.—The report required under subsection (b) shall
include the following:
(1) An accounting of the number of personnel at each
combatant command, the Joint Staff, and Office of the Secretary
of Defense who, as of the date of the enactment of this Act,
are either exclusively or partially dedicated to—
(A) assessing, investigating, accounting for, and
responding to allegations of civilian casualties resulting
from United States military operations;
(B) incorporating civilian casualty mitigation efforts
into operational plans and activities;
(C) building partner capacity for mitigating civilian
casualties; or
(D) any other relevant matters.
(2) An estimate of the number of personnel projected to
be required during the three-year period beginning on the date
of the enactment of this Act by each combatant command,
the Joint Staff, and Office of the Secretary of Defense to—
(A) assess, investigate, account for, and respond to
allegations of civilian casualties resulting from United
States military operations;
(B) incorporate civilian casualty mitigation efforts into
operational plans and activities;
(C) build partner capacity for mitigating civilian casualties; and
(D) perform any other relevant functions.
(3) A description of any specialized information technology
equipment, support and maintenance, and data storage
capabilities used by the Department of Defense as of the date
of the enactment of this Act to—
(A) receive allegations of, assess, investigate, account
for, and respond to allegations of civilian casualties
resulting from United States military operations;
(B) incorporate civilian casualty mitigation efforts into
operational plans and activities; and
(C) perform any other relevant functions.
(4) An estimate of the projected costs during the threeyear period beginning on the date of the enactment of this

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Estimate.
Time period.

Cost estimate.
Time period.

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134 STAT. 3868

Deadline.
Web posting.

PUBLIC LAW 116–283—JAN. 1, 2021

Act of any specialized information technology equipment, support and maintenance, and data storage capabilities to—
(A) receive allegations of, assess, investigate, account
for, and respond to allegations of civilian casualties
resulting from United States military operations;
(B) incorporate civilian casualty mitigation efforts into
operational plans and activities; and
(C) perform any other relevant functions.
(5) An identification of relevant statutory authorities used
by the Department, as of the date of the enactment of this
Act, to investigate, account for, and respond to allegations
of civilian casualties resulting from United States military operations.
(6) A detailed description of any additional changes to
the personnel, resources, and authorities of the Department
necessary to fully implement 936 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 116–92; 10 U.S.C. 134 note) in future years.
(7) Any other matters determined relevant by the Secretary
of Defense.
(d) PUBLIC AVAILABILITY OF REPORT.—Not later than 45 days
after the report required under subsection (b) is submitted to the
congressional defense committees, the Secretary of Defense shall
make the report publicly available on an appropriate website of
the Department of Defense.
SEC. 1078. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF
DEFENSE EFFORTS TO PREVENT RESALE OF GOODS
MANUFACTURED BY FORCED LABOR IN COMMISSARIES
AND EXCHANGES.

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China.

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(a) REVIEW REQUIRED.—The Comptroller General of the United
States shall conduct a review of the policies and processes of the
Department of Defense governing the purchase of goods for resale
in the commissaries and exchanges of the Department that are
produced in, or imported from, areas where forced labor may be
used, including the Xinjiang Uyghur Autonomous Region of China.
(b) ELEMENTS OF REVIEW.—The review required under subsection (a) shall include the following:
(1) The laws, regulations, and departmental policies governing the purchase of imported goods by the Department
of Defense as part of the retail supply chains of the Department.
(2) The extent to which the Department has processes
in place to prevent goods produced or manufactured by forced
labor from being resold in commissaries and exchanges of the
Department.
(3) The kinds of information obtained from suppliers to
such commissaries and exchanges regarding the source of goods
or the use of forced labor to produce goods.
(4) The extent to which the Department coordinates with
other Federal agencies on matters pertaining to the importation
and resale of goods produced by forced labor.
(5) Any other relevant matters as determined by the Comptroller General.
(c) BRIEFING AND REPORT.—

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134 STAT. 3869

(1) BRIEFING.—Not later than June 1, 2021, the Comptroller General shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing
on the review required under subsection (a).
(2) REPORT.—No later than December 1, 2021, the Comptroller General shall submit to such committees a report on
such review, which shall contain each of the elements under
subsection (b).

Deadline.

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SEC. 1079. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF
DEFENSE PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING REQUIREMENTS.

(a) COMPTROLLER GENERAL ANALYSIS.—Not later than one year
after the date of the enactment of this Act, the Comptroller General
of the United States shall submit to the congressional defense
committees a report containing an analysis of the processes of
the Department of Defense for responding to congressional reporting
requirements.
(b) CRITERIA FOR EVALUATION.—The analysis required under
subsection (a) shall include an evaluation of funding and changes
to policies and business practices by the Department for improving
the effectiveness, efficiency, and public transparency of the compliance of the Department with congressional reporting requirements.
(c) CONTENTS OF REPORT.—The report required by subsection
(a) shall include each of the following:
(1) A review of—
(A) current laws, guidance, policies for Department
of Defense compliance with congressional reporting requirements;
(B) recent direction from the congressional defense
committees concerning how the Department designs, modifies, tracks, delivers, and inventories completed reports;
and
(C) the response of the Department of Defense to the
plan required by section 874 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 132 Stat. 1906).
(2) An evaluation of the cost and effectiveness of—
(A) the existing processes the Department of Defense
uses to track and respond to congressional reporting
requirements; and
(B) the ongoing modernization efforts referred to in
subparagraphs (B) and (C) of paragraph (1), including—
(i) the design, development, and fielding of efforts
to modernize existing report tracking systems;
(ii) the potential for system-level access solutions;
and
(iii) the standardization of report-related data,
including types of reporting requirements.
(3) An analysis of further options for modernizing the
preparation and coordination process for required reports and
other written correspondence from the Department of Defense
to the congressional defense committees. Such analysis shall
include—
(A) the coordination of Department of Defense business
practices and internal policies with legislative processes;
and

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Reviews.

Evaluations.

Analysis.

Coordination.

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134 STAT. 3870

PUBLIC LAW 116–283—JAN. 1, 2021

(B) the feasibility of the Department of Defense, the
Government Publishing Office, or another Federal Government entity maintaining a consolidated online public database for unclassified reports submitted after the date of
the enactment of this Act pursuant to a congressional
reporting requirement that includes, for each report in
the database—
(i) a copy of the report;
(ii) the deadline on which the report was required
to be submitted to Congress;
(iii) the date on which the report was transmitted;
(iv) the total cost associated with the report; and
(v) a brief summary of the report, including a
citation to the legislative text requiring the report.
(d) CONGRESSIONAL REPORTING REQUIREMENT DEFINED.—In
this section. the term ‘‘congressional reporting requirement’’ means
a requirement that the Secretary of Defense, or any element or
official of the Department of Defense, submit to Congress, or to
a committee of Congress, an unclassified report or briefing by
reason of—
(1) any provision of title 10, United States Code;
(2) a provision of any National Defense Authorization Act;
(3) a provision of a statement of managers that accompanied the conference report for any National Defense
Authorization Act; or
(4) a provision of a committee report that accompanied
a version of any National Defense Authorization Act, as
reported by the Committee on Armed Services of the Senate
or the Committee on Armed Services of the House of Representatives.

Records.

Summary.

Subtitle G—Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

10 USC 101 prec.

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of subtitle A
of title 10, United States Code, and at the beginning of part
I of such subtitle, are each amended by inserting before the
item relating to chapter 20 the following new item:
‘‘19. Cyber Matters ............................................................................................. 391.’’.

(2) The table of chapters at the beginning of subtitle A
of title 10, United States Code, and at the beginning of part
IV of such subtitle, are each amended by inserting after the
item relating to chapter 112 the following new item:

10 USC 101
prec., 2001 prec.

‘‘113. Defense Civilian Training Corps .........................................................
2200g.’’.

(3) The table of chapters at the beginning of subtitle A
of title 10, United States Code, and at the beginning of part
IV of such subtitle, are each amended by striking the item
relating to chapter 140 and inserting the following new item:

10 USC 101
prec., 2201 prec.

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‘‘140. Procurement of Commercial Products and Commercial Services ............................................................................................................2375.’’.
10 USC 2200g,
2200h, 2200i,
2200j.
10 USC 2200g
prec.

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(4)(A) The section designation of each section in chapter
113 of title 10, United States Code, is amended by striking
‘‘SEC.’’ and inserting ‘‘§’’.
(B) Each corresponding item in the table of sections at
the beginning of such chapter is amended by striking ‘‘Sec.’’,

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134 STAT. 3871

other than where it appears preceding the item relating to
section 2200g.
(5) Section 101(a)(13)(B) is amended by striking ‘‘section
712’’ and inserting ‘‘section 3713’’.
(6) Section 118(3) is amended by inserting ‘‘and’’ after
‘‘ ‘materiel and operational capability’,’’.
(7) Subsection (g) of section 127e, as redesignated by section
1051, is amended by striking ‘‘Low-Intensity’’ and inserting
‘‘Low Intensity’’.
(8) Section 130i is amended—
(A) in subsection (i)(1), by striking ‘‘of subsection’’ and
all that follows through ‘‘shall’’ and insert ‘‘of subsection
(j)(3)(C) shall’’; and
(B) in subsection (j)(6), by adding a period at the end.
(9) Section 142 is amended—
(A) by striking subsection (d); and
(B) by redesignating the second subsection (c) as subsection (d).
(10) Section 171a(i)(1) is amended by striking ‘‘Acquisitions’’
and inserting ‘‘Acquisition’’.
(11) Section 192(c) is amended by striking the first paragraph (1).
(12) Section 222a(d)(1)(C)(i) is amended by inserting ‘‘had’’
before ‘‘been’’.
(13) Section 231 is amended—
(A) by striking ‘‘quadrennial defense review’’ each place
it appears and inserting ‘‘national defense strategy’’; and
(B) in subsection (f)(3), by striking ‘‘section 118’’ and
inserting ‘‘section 113(g)’’.
(14) Section 240b(b)(1)(B) is amended—
(A) in clause (ix), by striking ‘‘suhsection’’ and inserting
‘‘subsection’’; and
(B) in clause (xii), by inserting ‘‘of’’ after ‘‘identification’’.
(15) Section 393(b)(2)(D) is amended by striking ‘‘of
Defense’’ and all that follows through the period and inserting
‘‘of Defense for Intelligence and Security’’.
(16) Section 397(b)(5) is amended by striking ‘‘Persons’’
and inserting ‘‘persons’’.
(17) Section 430(b)(1) is amended by inserting ‘‘and Security’’ after ‘‘for Intelligence’’.
(18) Section 617(d) is amended by striking ‘‘section 616(g)’’
and inserting ‘‘section 616(h)’’.
(19) The table of sections at the beginning of chapter 41
is amended—
(A) in the item relating to section 715 by inserting
a period at the end; and
(B) by moving the item relating to section 714 so
that it appears immediately after the item relating to section 713.
(20) The table of sections at the beginning subchapter
VII of chapter 47 is amended by striking the item relating
to section 837 (article 37) and inserting the following:

10 USC 711 prec.

10 USC 836 prec.

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‘‘837. 37. Command influence.’’.

(21) Section 991(a)(4)(A) is amended by striking ‘‘The
amount.’’ and inserting ‘‘The amount’’.

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134 STAT. 3872

PUBLIC LAW 116–283—JAN. 1, 2021
(22) Section 1044e is amended by striking ‘‘subsection (h)’’
each place it appears and inserting ‘‘subsection (i)’’.
(23) The table of sections at the beginning of chapter 54
is amended by inserting after the item relating to section 1064
the following:

10 USC 1061
prec.

‘‘1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.’’.

(24) Section 1073c(a) is amended—
(A) by redesignating the second paragraph (6) as paragraph (4); and
(B) by moving paragraph (4) (as redesignated by
subparagraph (A)) so as to appear before paragraph (5).
(25) Section 1079(q) is amended by striking ‘‘section
1074g(h)’’ and inserting ‘‘section 1074g(i)’’.
(26) The table of sections at the beginning of chapter 58
is amended by striking the item relating to section 1142 and
inserting the following:

10 USC 1141
prec.

‘‘1142. Preseparation counseling; transmittal of certain records to Department of
Veterans Affairs.’’.

(27) Section 1475(a)(4) is amended by striking ‘‘or; or’’
and inserting ‘‘or’’.
(28) Section 1553(d)(1)(B) is amended by striking ‘‘in based’’
and inserting ‘‘is based’’.
(29) Section 1564(c)(2) is amended in the matter preceding
subparagraph (A) by striking ‘‘in an’’ and inserting ‘‘is an’’.
(30) The table of sections at the beginning of subchapter
I of chapter 87 is amended by striking the item relating to
section 1702 and inserting the following new item:

10 USC 1701
prec.

‘‘1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and
responsibilities.’’.

(31) Section 1701(a) is amended—
(A) in subsection (b)(6), by striking the period at the
end and inserting a semicolon; and
(B) in subsection (c), by striking the paragraph
headings for paragraphs (1) and (2).
(32) Section 1746(b)(3)(A) is amended by striking the second
semicolon that appears before ‘‘and’’ at the end.
(33) Section 1784(h)(5) is amended by striking ‘‘expire’’
and inserting ‘‘expires’’.
(34) Section 2004 is amended in subsections (d) and (e)
by striking ‘‘enlistment’’ both places it appears and inserting
‘‘enlisted’’.
(35) The table of sections at the beginning of chapter 135
is amended by striking the item relating to section 2279c.
(36) Section 2339a(b)(1) is amended by inserting ‘‘and Security’’ after ‘‘for Intelligence’’.
(37) Section 2358b(a)(2) is amended by striking ‘‘to accelerate’’ and inserting ‘‘accelerate’’.
(38) The table of sections at the beginning of chapter 142
is amended by striking the item relating to section 2417 and
inserting the following:

10 USC 2271
prec.

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10 USC 2411
prec.

‘‘2417. Administrative and other costs.’’.

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134 STAT. 3873

(39) The table of sections at the beginning of chapter 152
is amended by striking the item relating to section 2568a
and inserting the following:

10 USC 2551
prec.

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‘‘2568a. Damaged personal protective equipment: award to members separating from
the Armed Forces and veterans.’’.

(40) Section 2409a(c)(3) is amended by striking ‘‘Stat. 664,’’
and inserting ‘‘50 Stat. 664;’’.
(41) Section 2417(2) is amended by striking ‘‘entities -’’
and inserting ‘‘entities—’’.
(42) Section 2583(g)(2)(A) is amended by inserting ‘‘or’’
after the semicolon.
(43) Section 2641b(a)(3)(B) is amended by striking ‘‘subsection (c)(5)’’ and inserting ‘‘subsection (c)(6)’’.
(44) Section 2804(b) is amended in the third sentence by
striking ‘‘; and’’.
(45) Section 8680(a)(2)(C)(ii) is amended, in the matter
preceding subclause (I), by striking the period after the dash.
(46) Section 8749(a) is amended by striking ‘‘alcohol tests’’
and inserting ‘‘alcohol test’’.
(47) The tables of chapters at the beginning of subtitle
D and part I of such subtitle are each amended by striking
the period at the end of the item relating to chapter 908.
(b) TITLE 38, UNITED STATES CODE.—Section 1967(a)(3)(D) of
title 38, United States Code, is amended in the matter preceding
clause (i) by inserting a comma after ‘‘theater of operations’’.
(c) NDAA FOR FISCAL YEAR 2020.—Effective as of December
20, 2020, and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92) is
amended as follows:
(1) Section 234(f)(1) (10 U.S.C. 2164 note) is amended by
striking ‘‘the a’’ and inserting ‘‘a’’.
(2) Section 540B(b)(4) (10 U.S.C. 1561 note; 133 Stat. 1365)
is amended by striking ‘‘their their’’ and inserting ‘‘their’’.
(3) Section 821 (133 Stat. 1490) is amended by inserting
‘‘Carl Levin and Howard P. ‘Buck’ McKeon’’ before ‘‘National
Defense Authorization Act for Fiscal Year 2015’’.
(4) Section 861(i)(2) (10 U.S.C. 1761 prec.; 133 Stat. 1519)
is amended by striking ‘‘subchapter II’’ and inserting ‘‘subchapter V’’.
(5) Section 1009(c) (133 Stat. 1576; 10 U.S.C. 240b note)
is amended by striking ‘‘a reporting’’ and inserting ‘‘a report’’.
(6) Section 1631(i)(1) (133 Stat. 1745) is amended by
striking ‘‘foreign person’’ and inserting ‘‘foreign power’’.
(7) Section 1647(b)(3)(A) is amended by striking ‘‘by used’’
and inserting ‘‘be used’’.
(8) Section 1731(a)(2) (133 Stat. 1812; 10 U.S.C. 101 prec.)
is amended by striking ‘‘part I’’ and inserting ‘‘part III’’.
(9) Section 2801(b)(2) (133 Stat. 1881) is amended by
inserting ‘‘subchapter I of’’ before ‘‘chapter 169’’.
(d) NDAA FOR FISCAL YEAR 2019.—Effective as of August 13,
2018, and as if included therein as enacted, the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232) is amended as follows:
(1) Section 154(a)(1) (10 U.S.C. 2302 note) is amended
by striking ‘‘of an’’ and inserting ‘‘of’’.
(2) Section 226(b)(3)(C) (132 Stat. 1686) is amended by
striking ‘‘commercial-off the-shelf’’ and inserting ‘‘commercially

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10 USC 9011
prec.

Effective date.
10 USC 1761
note prec.

10 USC 2302
note.

10 USC 397 note.
10 USC 2224
note.
10 USC 2001
prec.
10 USC 2801
prec.
Effective date.
10 USC 2306a
note.

10 USC 2302
note.

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134 STAT. 3874

41 USC 104.

10 USC 2306a.

10 USC 2684a.

Effective date.
10 USC 2302
note.
10 USC 1561
note.

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Effective date.

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PUBLIC LAW 116–283—JAN. 1, 2021

available off-the-shelf items (as defined in section 104 of title
41, United States Code) that may serve as’’.
(3) Section 809(b)(3) (132 Stat. 1840) is amended by striking
‘‘Section 598(d)(4) of the National Defense Authorization Act
of for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561
note)’’ and inserting ‘‘Section 563(d)(4) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 10 U.S.C. 1561 note)’’.
(4) Section 836 (132 Stat. 1859) is amended—
(A) in subsection (a)(2)(B), by inserting ‘‘of such title’’
after ‘‘Section 104(1)(A)’’; and
(B) in subsection (c)—
(i) in paragraph (5)(B), by striking ‘‘subsection
(d)(2)’’ and inserting ‘‘subsection (d)(3)’’; and
(ii) by amending paragraph (8) to read as follows:
‘‘(8) Section 2321(f) is amended by striking ‘commercial
items’ and inserting ‘commercial products’.’’.
(5) Section 889(f) (132 Stat. 1918; 41 U.S.C. 3901 note
prec.) is amended by striking ‘‘appropriate congressional
committees’ ’’ and inserting ‘‘appropriate congressional committees’’.
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat.
2080) is amended by striking ‘‘improve’’ and inserting
‘‘improved’’.
(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is
amended by inserting ‘‘to persons’’ before ‘‘who are potential’’.
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223)
is amended by striking the semicolon at the end and inserting
a period.
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is
amended by striking ‘‘December 5, 1991’’ and inserting
‘‘December 5, 1995’’.
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235)
is amended by striking ‘‘section 1752(1)(D)’’ and inserting ‘‘section 1752(2)(D)’’.
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is
amended in the matter preceding paragraph (1) by inserting
‘‘under’’ before ‘‘section 1773’’.
(12) Section 2827(b)(1) (132 Stat. 2270) is amended by
inserting ‘‘in the matter preceding the paragraphs’’ after
‘‘amended’’.
(e) NDAA FOR FISCAL YEAR 2018.—Effective as of December
12, 2017, and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91) is
amended as follows:
(1) Section 1701(a)(4)(A) (131 Stat. 1796) is amended by
striking ‘‘Section 831(n)(2)(g)’’ and inserting ‘‘Section
831(o)(2)(G)’’.
(f) NDAA FOR FISCAL YEAR 2016.—Effective as of December
23, 2016, and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92) is
amended as follows:
(1) In section 541(a) (10 U.S.C. 1561 note), by striking
‘‘section 1044e(g)’’ and inserting ‘‘section 1044e(h)’’.
(2) In section 856(a)(1) (10 U.S.C. 2377 note), by inserting
‘‘United States Code,’’ after ‘‘title 41,’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3875

(3) In section 1675(a), by striking ‘‘Board,,’’ and inserting
‘‘Board,’’.
(g) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS
ACT.—For purposes of applying amendments made by provisions
of this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.

10 USC 2431
note.
10 USC 101 note.

SEC. 1082. REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER
PRODUCTS ON MILITARY INSTALLATIONS.

10 USC 113 note.

(a) IN GENERAL.—The Secretary of Defense shall issue to the
military departments guidance to encourage the reporting of any
adverse event related to a consumer product that occurs on a
military installation on the appropriate consumer product safety
website.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘adverse event’’ means—
(A) any event that indicates that a consumer product—
(i) fails to comply with an applicable consumer
product safety rule or with a voluntary consumer
product safety standard upon which the Consumer
Product Safety Commission has relied under section
9 of the Consumer Product Safety Act (15 U.S.C. 2058);
(ii) fails to comply with any other rule, regulation,
standard, or ban under that Act or any other Act
enforced by the Commission;
(iii) contains a defect that could create a substantial product hazard described in section 15(a)(2) of
the Consumer Product Safety Act (15 U.S.C.
2064(a)(2)); or
(iv) creates an unreasonable risk of serious injury
or death; or
(B) any other harm described in subsection (b)(1)(A)
of section 6A of the Consumer Product Safety Act (15
U.S.C. 2055a) and required to be reported in the database
established under subsection (a) of that section.
(2) The term ‘‘consumer product’’ has the meaning given
that term in section 3 of the Consumer Product Safety Act
(15 U.S.C. 2052).

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SEC. 1083. MODIFICATION TO FIRST DIVISION MONUMENT.

(a) AUTHORIZATION.—The Society of the First Infantry Division
may make modifications to the First Division Monument located
on Federal land in President’s Park in the District of Columbia
to honor the dead of the First Infantry Division, United States
Forces, in—
(1) Operation Desert Storm;
(2) Operation Iraqi Freedom and New Dawn; and
(3) Operation Enduring Freedom.
(b) MODIFICATIONS.—Modifications to the First Division Monument may include construction of additional plaques and stone
plinths on which to put plaques.
(c) APPLICABILITY OF COMMEMORATIVE WORKS ACT.—Chapter
89 of title 40, United States Code (commonly known as the
‘‘Commemorative Works Act’’), shall apply to the design and placement of the commemorative elements authorized by this section,
except that subsections (b) and (c) of section 8903 of such title
shall not apply.

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District of
Columbia.
40 USC 8903
note.

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List.

PUBLIC LAW 116–283—JAN. 1, 2021

(d) COLLABORATION.—The First Infantry Division of the Department of the Army shall collaborate with the Secretary of Defense
to provide to the Society of the First Infantry Division the list
of names to be added to the First Division Monument in accordance
with subsection (a).
(e) FUNDING.—Federal funds may not be used for modifications
of the First Division Monument authorized by this section.

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SEC. 1084. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN
CASUALTIES RESULTING FROM UNITED STATES MILITARY OPERATIONS.

It is the sense of Congress—
(1) to commend the Department of Defense for the measures it has implemented and is currently implementing to
prevent, mitigate, track, investigate, learn from, respond to,
and report civilian casualties resulting from United States military operations;
(2) to agree with the Department that civilian casualties
are a tragic and unavoidable part of war, and to recognize
that the Department endeavors to conduct all military operations in compliance with the international law of armed conflict and the laws of the United States, including distinction,
proportionality, and the requirement to take feasible precautions in planning and conducting operations to reduce the
risk of harm to civilians and other protected persons and
objects;
(3) that the protection of civilians and other protected
persons and objects, in addition to a legal obligation and a
strategic interest, is a moral and ethical imperative;
(4) that the Department has been responsive and submitted
to Congress three successive annual reports on civilian casualties resulting from United States military operations for calendar years 2017, 2018, and 2019, and has proactively updated
reports as appropriate;
(5) to commend the United States Africa Command for
announcing on March 21, 2020, its intent to issue quarterly
reports on the status of ongoing civilian casualty allegations
and assessments;
(6) to recognize the efforts of the Department, both in
policy and in practice, to reduce the harm to civilians and
other protected persons and objects resulting from United
States military operations; and
(7) to encourage the Department to make additional
progress in—
(A) ensuring that the combatant commands have the
requisite personnel and resources to appropriately integrate
the observance of human rights and the protection of
civilians and civilian objects in the planning and activities
of the commands;
(B) finalizing and implementing the policy of the
Department relating to civilian casualties resulting from
United States military operations, as required by section
936 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 134 note);
(C) finalizing Department-wide regulations to implement section 1213 of the National Defense Authorization
for Fiscal Year 2020 (Public Law 116–92) for ex gratia

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134 STAT. 3877

payments for damage, personal injury, or death that is
incident to the use of force by the United States Armed
Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such
coalition; and
(D) enhancing the ability of foreign partner forces to
reduce civilian casualties, including in connection with
train and equip programs, advise, assist, accompany, and
enable missions, and fully combined and coalition operations.
SEC. 1085. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE.

49 USC 40103
note.

Not later than 180 days after the date of the enactment of
this Act, to the maximum extent practicable, the Administrator
of the Federal Aviation Administration, in coordination with the
Secretary of Defense, shall enable the automated public dissemination of information on the real-time status of the activation or
deactivation of military operations areas and restricted areas in
a manner that is similar to the manner that temporary flight
restrictions are published and disseminated.

Deadline.
Coordination.
Public
information.

SEC. 1086. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT.

52 USC 20301a.

(a) ENSURING ABILITY OF ABSENT UNIFORMED SERVICES VOTERS
SERVING AT DIPLOMATIC AND CONSULAR POSTS TO RECEIVE AND
TRANSMIT BALLOTING MATERIALS.—In carrying out the Secretary’s
duties as the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the
Secretary shall take such actions as may be necessary, feasible,
and practical to ensure that a uniformed services voter under such
Act who is absent from the United States by reason of active
duty or service at a diplomatic and consular post of the United
States is able to receive and transmit balloting materials in the
same manner and with the same rights and protections as a uniformed services voter under such Act who is absent from the United
States by reason of active duty or service at a military installation.
(b) EFFECTIVE DATE.—This section shall apply with respect
to elections held on or after the date of the enactment of this
Act.
SEC. 1087. MITIGATION OF MILITARY HELICOPTER NOISE.

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(a) PROCESS FOR TRACKING COMPLAINTS.—The Secretary of
Defense, in coordination with the Metropolitan Washington Airports
Authority, shall develop a process to receive, track, and analyze
complaints of military rotary wing aircraft noise in the National
Capital Region that are registered on the noise inquiry websites
of Ronald Reagan Washington National Airport and Dulles International Airport.
(b) NATIONAL CAPITAL REGION.—In this section, the term
‘‘National Capital Region’’ has the meaning given such term in
section 2674(f)(2) of title 10, United States Code.

49 USC 47501
note.
Coordination.

Definition.

SEC. 1088. CONGRESSIONAL EXPRESSION OF SUPPORT FOR DESIGNATION OF NATIONAL BORINQUENEERS DAY.

Congress—

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134 STAT. 3878

PUBLIC LAW 116–283—JAN. 1, 2021
(1) expresses support for the designation of ‘‘National
Borinqueneers Day’’;
(2) recognizes the bravery, service, and sacrifice of the
Puerto Rican soldiers of the 65th Infantry Regiment in the
armed conflicts of the United States in the 20th and 21st
centuries;
(3) expresses deep gratitude for the contributions to the
Armed Forces that have been made by hundreds of thousands
of patriotic United States citizens from Puerto Rico; and
(4) urges individuals and communities across the United
States to participate in activities that are designed—
(A) to celebrate the distinguished service of the veterans who served in the 65th Infantry Regiment, known
as the ‘‘Borinqueneers’’;
(B) to pay tribute to the sacrifices made and adversities
overcome by Puerto Rican and Hispanic members of the
Armed Forces; and
(C) to recognize the significant contributions to United
States history made by the Borinqueneers.

10 USC 342 note.

SEC. 1089. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES.

(a) PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
congressional defense committees a plan to establish a Department of Defense Regional Center for Security Studies for the
Arctic.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include the following:
(A) A description of the benefits of establishing such
a center, including the manner in which the establishment
of such a center would benefit United States and Department of Defense interests in the Arctic region.
(B) A description of the mission and purpose of such
a center, including—
(i) enhancing understanding of the dynamics and
national security implications of an emerging Arctic
region, including increased access for transit and
maneuverability; and
(ii) other specific policy guidance from the Office
of the Secretary of Defense.
(C) An analysis of suitable reporting relationships with
the applicable combatant commands.
(D) An assessment of suitable locations, which shall
include an enumeration and valuation of criteria, which
may include—
(i) the proximity of a location to other academic
institutions that study security implications with
respect to the Arctic region;
(ii) the proximity of a location to the designated
lead for Arctic affairs of the United States Northern
Command; and
(iii) the proximity of a location to a central hub
of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of
skills unique to the Arctic region.

Deadline.
Coordination.

Analysis.

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Assessment.

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134 STAT. 3879

(E) A description of the establishment and operational
costs of such a center, including for—
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary considers appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military installations
and at universities and other academic institutions that
could reduce the costs described in accordance with
subparagraph (E).
(G) An examination of partnership opportunities with
United States allies and partners for potential collaboration
and burden sharing.
(H) A description of potential courses and programs
that such a center could carry out, including—
(i) core, specialized, and advanced courses;
(ii) potential planning workshops;
(iii) seminars;
(iv) confidence-building initiatives; and
(v) academic research.
(I) A description of any modification to title 10, United
States Code, necessary for the effective operation of such
a center.
(3) FORM.—The plan required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not earlier than 30 days after the submittal of the plan required by subsection (a), and subject to
the availability of appropriations, the Secretary of Defense may
establish and administer a Department of Defense Regional
Center for Security Studies for the Arctic, to be known as
the ‘‘Ted Stevens Center for Arctic Security Studies’’, for the
purpose described in section 342(a) of title 10, United States
Code.
(2) LOCATION.—Subject to a determination by the Secretary
to establish the Ted Stevens Center for Arctic Security Studies
under this section, the Center shall be established at a location
determined suitable pursuant to subsection (a)(2)(D).

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SEC. 1090. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR CERTAIN MILITARY
TRAINING.

(a) ESTABLISHMENT OF VETTING PROCEDURES.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish procedures to vet covered individuals for eligibility
for physical access to Department of Defense installations and
facilities within the United States.
(2) CRITERIA FOR PROCEDURES.—The procedures established
under paragraph (1) shall include biographic and biometric
screening of covered individuals, continuous review of whether
covered individuals should continue to be authorized for physical access, biographic checks of the immediate family members

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Evaluation.

Examination.

Classified
information.

Time period.

Determination.

10 USC 113 note.

Deadline.

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134 STAT. 3880

Recommendations.

Notification.

Compliance.

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Firearms.

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PUBLIC LAW 116–283—JAN. 1, 2021
of covered individuals, and any other measures that the Secretary determines appropriate for vetting.
(3) INFORMATION REQUIRED.—The Secretary shall identify
the information required to conduct the vetting under this
section.
(4) COLLECTION OF INFORMATION.—The Secretary shall—
(A) collect the information required to vet individuals
under the procedures established under this subsection;
(B) as required for the effective implementation of this
section, seek to enter into agreements with the relevant
departments and agencies of the United States to facilitate
the sharing of information in the possession of such departments and agencies concerning covered individuals; and
(C) ensure that the initial vetting of covered individuals
is conducted as early and promptly as practicable, to minimize disruptions to United States programs to train foreign
military students.
(b) DETERMINATION AUTHORITY.—
(1) REVIEW OF VETTING RESULTS.—The Secretary shall
assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of—
(A) reviewing the results of the vetting of a covered
individual conducted under subsection (a); and
(B) making a recommendation regarding whether such
individual should be given physical access to a Department
of Defense installation or facility.
(2) NEGATIVE RECOMMENDATION.—If the recommendation
with respect to a covered individual under paragraph (1)(B)
is that the individual should not be given physical access to
a Department of Defense installation or facility—
(A) such individual may only be given such access
if such access is authorized by the Secretary of Defense
or the Deputy Secretary of Defense; and
(B) the Secretary of Defense shall ensure that the
Secretary of State is promptly provided with notification
of such recommendation.
(c) ADDITIONAL SECURITY MEASURES.—
(1) SECURITY MEASURES REQUIRED.—The Secretary of
Defense shall ensure that—
(A) all Department of Defense common access cards
issued to foreign nationals in the United States comply
with the credentialing standards issued by the Office of
Personnel Management;
(B) all such common access cards issued to foreign
nationals in the United States include a visual indicator
as required by the standard developed by the Department
of Commerce National Institute of Standards and Technology;
(C) physical access by covered individuals is limited,
as appropriate, to those Department of Defense installations or facilities within the United States directly associated with the training or education or necessary for such
individuals to access authorized benefits;
(D) a policy is in place covering possession of firearms
on Department of Defense property by covered individuals;
(E) covered individuals who have been granted physical
access to Department of Defense installations and facilities

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3881

are incorporated into the Insider Threat Program of the
Department of Defense; and
(F) covered individuals are prohibited from transporting, possessing, storing, or using personally owned firearms on Department of Defense installations or property
consistent with the Secretary of Defense policy memorandum dated January 16, 2020, or any successor policy
guidance that restricts transporting, possessing, storing,
or using personally owned firearms on Department of
Defense installations or property.
(2) EFFECTIVE DATE.—The security measures required
under paragraph (1) shall take effect on the date that is 181
days after the date of the enactment of this Act.
(3) NOTIFICATION REQUIRED.—Upon the establishment of
the security measures required under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives notice
of the establishment of such security measures.
(d) REPORTING REQUIREMENTS.—
(1) REPORT.—Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report on the
implementation and effects of this section. Such report shall
include a description of—
(A) any positive or negative effects on the training
of foreign military students as a result of this section;
(B) the effectiveness of the vetting procedures implemented pursuant to this section in preventing harm to
members of the Armed Forces and United States persons;
(C) any mitigation strategies used to address any negative effects of the implementation of this section; and
(D) a proposed plan to mitigate any ongoing negative
effects to the vetting and training of foreign military students by the Department of Defense.
(2) REPORT BY COMPTROLLER GENERAL.—Not later than
three years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate congressional committees an unclassified report
(which may contain a classified annex) on the safety and security of United States personnel and international students
assigned to United States military bases participating in programs authorized under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to
international military education and training), particularly with
respect to whether—
(A) relevant United States diplomatic and consular
personnel properly vet foreign personnel participating in
such programs and entering such bases;
(B) existing screening protocols with respect to such
vetting include counter-terrorism screening and are sufficiently effective at ensuring the safety and security of
United States personnel and international students
assigned to such bases; and
(C) whether existing screening protocols with respect
to such vetting are in compliance with applicable requirements of section 362 of title 10, United States Code, and

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Firearms.

Classified
information.

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134 STAT. 3882

PUBLIC LAW 116–283—JAN. 1, 2021
sections 502B and 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304 and 2378d).
(e) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(2) The term ‘‘covered individual’’ means any foreign
national (except foreign nationals of Australia, Canada, New
Zealand, and the United Kingdom who have been granted a
security clearance that is reciprocally accepted by the United
States for access to classified information) who—
(A) is seeking physical access to a Department of
Defense installation or facility within the United States;
and
(B) is—
(i) selected, nominated, or accepted for training
or education for a period of more than 14 days occurring on a Department of Defense installation or facility
within the United States; or
(ii) an immediate family member accompanying
any foreign national who has been selected, nominated,
or accepted for such training or education.
(3) The term ‘‘United States’’ means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
and Guam.
(4) The term ‘‘immediate family member’’ with respect to
any individual means the parent, step-parent, spouse, sibling,
step-sibling, half-sibling, child, or step-child of the individual.

10 USC 2302
note.

SEC. 1091. PERSONAL PROTECTIVE EQUIPMENT MATTERS.

(a) BRIEFINGS ON FIELDING OF NEWEST GENERATIONS OF PPE
ARMED FORCES.—
(1) BRIEFINGS REQUIRED.—Not later than January 31, 2021,
each Secretary of a military department shall submit to Congress a briefing on the fielding of the newest generations of
personal protective equipment to the Armed Forces under the
jurisdiction of such Secretary.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include, for each Armed Force covered by such briefing, the
following:
(A) A description and assessment of the fielding of
newest generations of personal protective equipment to
members of such Armed Force, including the following:
(i) The number (aggregated by total number and
by sex) of members of such Armed Force issued the
Army Soldiers Protective System and the Modular
Scalable Vest Generation II body armor as of December
31, 2020.
(ii) The number (aggregated by total number and
by sex) of members of such Armed Force issued Marine
Corps Plate Carrier Generation III body armor as of
that date.

TO THE

Deadline.

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Assessments.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3883

(iii) The number (aggregated by total number and
by sex) of members of such Armed Force fitted with
legacy personal protective equipment as of that date.
(B) A description and assessment of the barriers, if
any, to the fielding of such generations of equipment to
such members.
(C) A description and assessment of challenges in the
fielding of such generations of equipment to such members,
including cost overruns, contractor delays, and other challenges.
(b) SYSTEM FOR TRACKING DATA ON INJURIES AMONG MEMBERS
OF THE ARMED FORCES IN USE OF NEWEST GENERATION PPE.—
(1) SYSTEM REQUIRED.—
(A) IN GENERAL.—The Secretary of Defense shall
develop and maintain a system for tracking data on injuries
among members of the Armed Forces in and during the
use of newest generation personal protective equipment.
(B) SCOPE OF SYSTEM.—The system required by this
paragraph may, at the election of the Secretary, be new
for purposes of this subsection or within or a modification
of an appropriate existing system.
(2) BRIEFING.—Not later than January 31, 2025, the Secretary shall submit to Congress a briefing on the prevalence
among members of the Armed Forces of preventable injuries
attributable to ill-fitting or malfunctioning personal protective
equipment.
(c) ASSESSMENTS OF MEMBERS OF THE ARMED FORCES OF
INJURIES INCURRED IN CONNECTION WITH ILL-FITTING OR MALFUNCTIONING PPE.—
(1) IN GENERAL.—Each health assessment specified in paragraph (2) that is undertaken after the date of the enactment
of this Act shall include the following:
(A) One or more questions on whether members
incurred an injury in connection with ill-fitting or malfunctioning personal protective equipment during the period
covered by such assessment, including the nature of such
injury.
(B) In the case of any member who has so incurred
such an injury, one or more elements of self-evaluation
of such injury by such member for purposes of facilitating
timely documentation and enhanced monitoring of such
members and injuries.
(2) ASSESSMENTS.—The health assessments specified in this
paragraph are the following:
(A) The annual Periodic Health Assessment of members of the Armed Forces.
(B) The post-deployment health assessment of members of the Armed Forces.

Deadline.

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TITLE XI—CIVILIAN PERSONNEL
MATTERS
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.

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134 STAT. 3884

PUBLIC LAW 116–283—JAN. 1, 2021

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.
Sec. 1137. Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.

Subtitle A—General Provisions

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10 USC 1564
note.

SEC. 1101. DEPARTMENT OF DEFENSE POLICY ON UNCLASSIFIED
WORKSPACES AND JOB FUNCTIONS OF PERSONNEL WITH
PENDING SECURITY CLEARANCES.

(a) POLICY REQUIRED.—The Secretary of Defense shall develop
and implement a policy under which a covered individual may
occupy a position within the Department of Defense that requires
a security clearance to perform appropriate unclassified work, or
work commensurate with a security clearance already held by the

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3885

individual (which may include an interim security clearance), while
such individual awaits a final determination with respect to the
security clearance required for such position.
(b) UNCLASSIFIED WORK SPACES.—As part of the policy under
subsection (a), the Secretary of Defense shall—
(1) ensure, to the extent practicable, that all facilities of
the Department of Defense at which covered individuals perform job functions have unclassified workspaces; and
(2) issue guidelines under which appropriately screened
individuals, who are not covered individuals, may use the
unclassified workspaces on a space-available basis.
(c) REPORT.—Not later than one year after the date of 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 policy required by subsection (a). The report shall include the following:
(1) Identification of any challenges or impediments to
allowing covered individuals fill positions on a probationary
basis as described in subsection (a).
(2) A plan for implementing the policy.
(3) A description of how existing facilities may be modified
to accommodate unclassified workspaces.
(4) Identification of impediments to making unclassified
workspace available.
(d) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘‘covered individual’’ includes a member of the Armed Forces, a
civilian employee of the Department of Defense, or an applicant
for a civilian position within the Department of Defense, who has
applied for, but who has not yet received, a security clearance
that is required for the individual to perform one or more job
functions.

Guidelines.

Implementation
plan.

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SEC. 1102. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE
PROGRAMS IN THE DEPARTMENT OF DEFENSE.

(a) PUBLIC-PRIVATE TALENT EXCHANGE.—Section 1599g of title
10, United States Code, is amended—
(1) in subsection (b)(1), by amending subparagraph (C)
to read as follows:
‘‘(C) shall contain language ensuring that such
employee of the Department does not improperly use
information that such employee knows relates to a Department acquisition or procurement for the benefit or advantage of the private-sector organization.’’; and
(2) by amending paragraph (4) of subsection (f) to read
as follows:
‘‘(4) may not perform work that is considered inherently
governmental in nature; and’’.
(b) APPLICATION OF EXCHANGE AUTHORITY TO MODERNIZATION
PRIORITIES.—Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall take steps to ensure
that the authority of the Secretary to carry out a public-private
talent exchange program under section 1599g of title 10, United
States Code (as amended by subsection (a)), is used to—
(1) carry out exchanges of personnel with private sector
entities that are working on the modernization priorities of
the Department of Defense; and
(2) carry out exchanges in—

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Deadline.
10 USC 1599g
note.

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134 STAT. 3886

(A) the office of the Under Secretary of Defense for
Research and Engineering;
(B) the office of the Chief Information Officer of the
Department of Defense;
(C) each Armed Force under the jurisdiction of the
Secretary of a military department; and
(D) any other organizations or elements of the Department of Defense the Secretary determines appropriate.
(c) CONFLICTS OF INTEREST.—The Secretary shall implement
a system to identify, mitigate, and manage any conflicts of interests
that may arise as a result of an individual’s participation in a
public-private talent exchange under section 1599g of title 10,
United States Code.
(d) TREATMENT OF PROGRAM PARTICIPANTS.—The Secretary of
Defense, in consultation with each Secretary of a military department, shall develop practices to ensure that participation by a
member of an Armed Force under the jurisdiction of the Secretary
of a military department in an public-private talent exchange under
section 1599g of title 10, United States Code, is taken into consideration in subsequent assignments.
(e) BRIEFING ON USE OF EXISTING EXCHANGE PROGRAM
AUTHORITY.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of Representatives a briefing on the efforts undertaken—
(A) to implement the public-private exchange programs
of the Department of Defense; and
(B) to ensure that such programs seek opportunities
for exchanges with private sector entities working on modernization priorities of the Department of Defense,
including artificial intelligence applications, in accordance
with the requirements of this section.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include an explanation of—
(A) what barriers may prevent supervisors from nominating their staff and encouraging participation in publicprivate exchange programs;
(B) how the Department can incentivize senior leaders
and supervisors to encourage participation in such programs;
(C) how the Department is implementing the
requirment of subsection (c) relating to conflicts of interest;
and
(D) what, if any, statutory changes or authorities are
needed to effectively carry out such programs.

Consultation.

Deadline.
Time period.

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Paid Parental
Leave Technical
Corrections Act
of 2020.
2 USC 1301 note.

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SEC. 1103. PAID PARENTAL LEAVE TECHNICAL CORRECTIONS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Paid
Parental Leave Technical Corrections Act of 2020’’.
(b) PAID PARENTAL LEAVE FOR EMPLOYEES OF DISTRICT OF
COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE.—
(1) DISTRICT OF COLUMBIA COURTS.—Section 11–1726, District of Columbia Official Code, is amended by adding at the
end the following new subsection:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3887

‘‘(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial employees
of the District of Columbia courts, the Joint Committee on Judicial
Administration shall, notwithstanding any provision of such Act,
establish a paid parental leave program for the leave described
in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29
U.S.C. 2612(a)(1)) (relating to leave provided in connection with
the birth of a child or a placement of a child for adoption or
foster care). In developing the terms and conditions for this program, the Joint Committee may be guided by the terms and conditions applicable to the provision of paid parental leave for employees
of the Federal Government under chapter 63 of title 5, United
States Code, and any corresponding regulations.’’.
(2) DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE.—
Section 305 of the District of Columbia Court Reform and
Criminal Procedure Act of 1970 (section 2–1605, D.C. Official
Code) is amended by adding at the end the following new
subsection:
‘‘(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to employees of the
Service, the Director shall, notwithstanding any provision of such
Act, establish a paid parental leave program for the leave described
in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29
U.S.C. 2612(a)(1)) (relating to leave provided in connection with
the birth of a child or the placement of a child for adoption or
foster care). In developing the terms and conditions for this program, the Director may be guided by the terms and conditions
applicable to the provision of paid parental leave for employees
of the Federal Government under chapter 63 of title 5, United
States Code, and any corresponding regulations.’’.
(c) FAA AND TSA.—
(1) IN GENERAL.—Section 40122(g) of title 49, United States
Code, is amended—
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following:
‘‘(5) PAID PARENTAL LEAVE.—The Administrator shall implement a paid parental leave benefit for employees of the
Administration that is, at a minimum, consistent with the
paid parental leave benefits provided under section 6382 of
title 5.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply with respect to any birth or placement occurring
on or after October 1, 2020.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection,
or any amendment made by this subsection, may be construed
to affect leave provided to an employee of the Transportation
Security Administration before October 1, 2020.
(d) TITLE 38 EMPLOYEES.—
(1) IN GENERAL.—Section 7425 of title 38, United States
Code, is amended—
(A) in subsection (b), by striking ‘‘Notwithstanding’’
and inserting ‘‘Except as provided in subsection (c), and
notwithstanding’’; and
(B) by adding at the end the following:
‘‘(c) Notwithstanding any other provision of this subchapter,
the Administration shall provide to individuals appointed to any

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Applicability.
49 USC 40122
note.
49 USC 40122
note.

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38 USC 7425
note.

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PUBLIC LAW 116–283—JAN. 1, 2021

position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the
same manner and subject to the same limitations to the maximum
extent practicable, as family and medical leave is provided under
subchapter V of chapter 63 of title 5 to employees, as defined
in section 6381(1) of such title.’’.
(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply with respect to any event for which leave may
be taken under subchapter V of chapter 63 of title 5, United
States Code, occurring on or after October 1, 2020.
(e) EMPLOYEES OF EXECUTIVE OFFICE OF THE PRESIDENT.—
(1) IN GENERAL.—Section 412 of title 3, United States Code,
is amended—
(A) in subsection (a), by adding at the end the following:
‘‘(3) EXCEPTION.—Notwithstanding section 401(b)(2), the
requirements of paragraph (2)(B) shall not apply with respect
to leave under subparagraph (A) or (B) of section 102(a)(1)
of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)).’’;
(B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(C) by inserting after subsection (b) the following:
‘‘(c) SPECIAL RULES FOR SUBSTITUTION OF PAID LEAVE.—
‘‘(1) SUBSTITUTION OF PAID LEAVE.—A covered employee
may elect to substitute for any leave without pay under
subparagraph (A) or (B) of section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any
paid leave which is available to such employee for that purpose.
‘‘(2) AVAILABLE LEAVE.—The paid leave that is available
to a covered employee for purposes of paragraph (1) is leave
of the type and in the amount available to an employee under
section 6382(d)(2)(B) of title 5, United States Code, for substitution for leave without pay under subparagraph (A) or (B)
of section 6382(a)(1) of such title.
‘‘(3) CONSISTENCY WITH TITLE 5.—Paid leave shall be substituted under this subsection in a manner that is consistent
with the requirements in section 6382(d)(2) of title 5, United
States Code, except that a reference in that section to an
employing agency shall be considered to be a reference to
an employing office, and subparagraph (E) of that section shall
not apply.’’;
(D) in paragraph (2) of subsection (d), as redesignated
by subparagraph (B)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end of the subparagraph;
(ii) in subparagraph (B) by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) except that the President or designee shall issue
regulations to implement subsection (c) in accordance with
the requirements of that subsection.’’; and
(E) in paragraph (1) of subsection (e), as redesignated
by subparagraph (B), by inserting after ‘‘subsection (c)’’
the following: ‘‘(as in effect on the date of enactment of
the Presidential and Executive Office Accountability Act)’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3889

(2) APPLICABILITY.—The amendments made by this subsection shall apply with respect to any birth or placement
occurring on or after October 1, 2020.
(f) AMENDMENTS TO TITLE 5 FAMILY AND MEDICAL LEAVE ACT
PROVISIONS.—Chapter 63 of title 5, United States Code, is
amended—
(1) in section 6301(2), by amending clause (v) to read as
follows:
‘‘(v) an employee of the Veterans Health Administration who is covered by a leave system established
under section 7421 of title 38;’’;
(2) in section 6381(1)—
(A) in subparagraph (A), by striking ‘‘(v) or’’; and
(B) by amending subparagraph (B) to read as follows:
‘‘(B) has completed at least 12 months of service as
an employee (as defined in section 2105) of the Government
of the United States, including service with the United
States Postal Service, the Postal Regulatory Commission,
and a nonappropriated fund instrumentality as described
in section 2105(c);’’; and
(3) in section 6382(d)—
(A) in paragraph (1), by striking ‘‘under subchapter
I’’ in each place it appears; and
(B) in paragraph (2)(B)(ii), by striking ‘‘under subchapter I’’.
(g) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY ACT OF
1995.—
(1) IN GENERAL.—Section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended
by section 7603 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92), is amended by
inserting ‘‘accrued’’ before ‘‘sick leave’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply with respect to any event for which leave
may be taken under subparagraph (A) or (B) of section 102(a)(1)
of the Family and Medical Leave Act of 1995 (29 U.S.C.
2612(a)(1)) and occurring on or after October 1, 2020.

3 USC 412 note.

2 USC 1312 note.

SEC. 1104. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION
ALLOWANCES IN CONNECTION WITH TRANSFER CEREMONIES OF CERTAIN CIVILIAN EMPLOYEES WHO DIE
OVERSEAS.

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(a) TRAVEL AND TRANSPORTATION ALLOWANCES.—
(1) IN GENERAL.—Subchapter II of chapter 75 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 1492. Authority to provide travel and transportation allowances in connection with transfer ceremonies of
certain civilian employees who die overseas
‘‘(a) AUTHORITY.—A covered official may treat a covered relative
of a covered employee under the jurisdiction of that covered official
in the same manner the Secretary of a military department treats,
under section 481f(d) of title 37, next of kin and family members
of a member of the armed forces who dies while located or serving
overseas.
‘‘(b) DEFINITIONS.—In this section:

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10 USC 1492.

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134 STAT. 3890

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(1) The term ‘covered employee’ means a civilian
employee—
‘‘(A) under the jurisdiction of a covered official; and
‘‘(B) who dies while located or serving overseas.
‘‘(2) The term ‘covered official’ means—
‘‘(A) the Secretary of the military department concerned; and
‘‘(B) the head of a Defense Agency or Department
of Defense Field Activity.
‘‘(3) The term ‘covered relative’ means—
‘‘(A) the primary next of kin of the covered employee;
‘‘(B) two family members (other than primary next
of kin) of the covered employee; and
‘‘(C) one or more additional family members of the
covered employee, at the discretion of the Secretary a sibling of the covered employee.’’.
(2) CLERICAL AMENDMENT.—The table of contents at the
beginning of such subchapter is amended by adding at the
end the following new item:

10 USC 1475
prec.

‘‘1492. Authority to provide travel and transportation allowances in connection with
transfer ceremonies of certain civilian employees who die overseas.’’.

(b) TECHNICAL AMENDMENTS.—Section 481f(d) of title 37,
United States Code, is amended—
(1) in the subsection heading, by striking ‘‘Transportation
To’’ and inserting ‘‘Travel And Transportation Allowances In
Connection With’’; and
(2) in paragraph (1) in the matter preceding subparagraph
(A), by striking ‘‘transportation to’’ and inserting ‘‘travel and
transportation allowances in connection with’’.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES
WORKING OVERSEAS.

Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110–
417; 122 Stat. 4615), as most recently amended by section 1105
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92), is further amended by striking ‘‘through 2020’’
and inserting ‘‘through 2021’’.

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SEC. 1106. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),
as added by section 1102 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4616) and as most recently amended by section 1104 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92), is further amended by striking ‘‘2021’’ and inserting
‘‘2022’’.

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134 STAT. 3891

SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE.

Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following:
‘‘(6) The Defense Security Cooperation University.
‘‘(7) The Defense Institute for Security Governance.’’.
SEC. 1108. TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS
OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE.

10 USC 1580
note prec.

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(a) IN GENERAL.—Notwithstanding the requirements of section
3326 of title 5, United States Code, the Secretary of Defense may
appoint retired members of the Armed Forces to positions in the
Department of Defense described in subsection (b).
(b) POSITIONS.—
(1) IN GENERAL.—The positions in the Department
described in this subsection are positions classified at or below
GS–13 under the General Schedule under subchapter III of
chapter 53 of title 5, United States Code, or an equivalent
level under another wage system, in the competitive service—
(A) at any defense industrial base facility (as that
term is defined in section 2208(u)(3) of title 10, United
States Code) that is part of the core logistics capabilities
(as described in section 2464(a) of such title); and
(B) that have been certified by the Secretary of the
military department concerned as lacking sufficient numbers of potential applicants.
(2) LIMITATION ON DELEGATION OF CERTIFICATION.—The
Secretary of a military department may not delegate the
authority to make a certification described in paragraph (1)(B)
to an individual in a grade lower than colonel, captain in
the Navy, or an equivalent grade in the Space Force, or an
individual with an equivalent civilian grade.
(c) REPORT.—Not later than two years after the date of enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on this section and the
authority provided by this section. The report shall include the
following:
(1) A description of the use of such authority, including
the positions to which appointments are authorized to be made
under such authority and the number of retired members
appointed to each such position under such authority.
(2) Any other matters in connection with such section or
such authority that the Secretary considers appropriate.
(d) SUNSET.—Effective on the date that is 3 years after the
date of enactment of this Act, the authority provided under subsection (a) shall expire.
(e) DEFINITIONS.—In this section, the terms ‘‘member’’ and ‘‘Secretary concerned’’ have the meaning given those terms in section
101 of title 37, United States Code.

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SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION PROJECT FOR THE NAVY REGION MIDATLANTIC FIRE AND EMERGENCY SERVICES.

10 USC 8013
note.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Commander, Navy Region Mid-

Deadline.

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134 STAT. 3892

PUBLIC LAW 116–283—JAN. 1, 2021

Atlantic, shall establish and carry out, for a period of not less
than five years, a Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services. Such demonstration project shall provide, with
respect to each employee of the Navy Region Mid-Atlantic Fire
and Emergency Services, that—
(1) assignments to tours of duty are scheduled in advance
over periods of not less than two weeks;
(2) tours of duty are scheduled using a regularly recurring
pattern of 48-hour shifts followed by 48 or 72 consecutive
non-work hours, as determined by mutual agreement between
the Commander, Navy Region Mid-Atlantic, and the exclusive
employee representative at each Navy Region Mid-Atlantic
installation, in such a manner that each employee is regularly
scheduled for 144-hours in any two-week period;
(3) for any such employee that is a fire fighter working
an alternative work schedule, such employee shall earn overtime compensation in a manner consistent with other applicable
law and regulation;
(4) no right shall be established to any form of premium
pay, including night, Sunday, holiday, or hazard duty pay;
and
(5) leave accrual and use shall be consistent with other
applicable law and regulation.
(b) REPORT.—Not later than 180 days after the date on which
the demonstration project under this section terminates, the Commander, Navy Region Mid-Atlantic, shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report detailing—
(1) any financial savings or expenses directly and inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements
achieved by the demonstration project; and
(3) any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration
project.

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SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS’ COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT PERSONNEL UNDER CHIEF OF MISSION AUTHORITY.

Section 901 of title IX of division J of the Further Consolidated
Appropriations Act, 2020 (Public Law 116–94; 22 U.S.C. 2680b)
is amended—
(1) in subsection (a), by inserting ‘‘or the head of any
other Federal agency’’ after ‘‘The Secretary of State’’;
(2) in subsection (c), by striking ‘‘and the Secretary of
State’’ and inserting ‘‘, the Secretary of State, and, as appropriate, the head of any other Federal agency paying benefits
under this section’’;
(3) in subsection (e)(2)—
(A) by striking ‘‘the Department of State’’ and inserting
‘‘the Federal Government’’; and
(B) by inserting after ‘‘subsection (f)’’ the following:
‘‘, but does not include an individual receiving compensation
under section 19A of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3519b)’’; and

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134 STAT. 3893

(4) in subsection (h)(2), by striking the first sentence and
inserting the following: ‘‘Nothing in this section shall limit,
modify, or otherwise supersede chapter 81 of title 5, United
States Code, the Defense Base Act (42 U.S.C. 1651 et seq.),
or section 19A of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3519b).’’.
SEC. 1111. TEMPORARY INCREASE IN LIMITATION ON ACCUMULATION
OF ANNUAL LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.

5 USC 6304 note.

(a) IN GENERAL.—At the discretion of the Director of the Office
of Personnel Management, annual leave provided to an Executive
branch employee may accumulate for use in leave year 2021 in
an amount equal to 125% of the maximum amount of annual
leave permitted, but for this subsection, to accumulate for use
in that leave year under the leave system covering such employee.
(b) EXCLUSION FROM LUMP-SUM PAYMENT.—Any annual leave
accumulated pursuant to subsection (a) in excess of the maximum
amount of annual leave permitted, but for this section, to accumulate for use in succeeding years shall not be included in any lumpsum payment for leave to an individual, including any lump-sum
payment under section 5551 or 5552 of title 5, United States Code.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘agency’’ means each agency, office, or other
establishment in the executive branch of the Federal Government; and
(2) the term ‘‘Executive branch employee’’—
(A) means—
(i) an employee of an agency;
(ii) an employee appointed under chapter 74 of
title 38, United States Code, notwithstanding section
7421(a), section 7425(b), or any other provision of
chapter 74 of such title; and
(iii) any other individual occupying a position in
the civil service (as that term is defined in section
2101(1) of title 5, United States Code) in the executive
branch of the Federal Government; and
(B) does not include any individual occupying a position
that is classified at or above the level of a Senior Executive
Service position or the equivalent thereof.

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SEC. 1112. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED
STATES PATENT AND TRADEMARK OFFICE.

(a) IN GENERAL.—Section 5711 of title 5, United States Code,
is amended—
(1) in the section heading, by striking ‘‘test’’;
(2) in subsection (f)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘committee’’ and inserting ‘‘committees’’; and
(ii) in subparagraph (B), by striking ‘‘Government’’;
(B) in paragraph (2)—
(i) by striking ‘‘test’’; and
(ii) by striking ‘‘section, including the provision
of reports in accordance with subsection (d)(1)’’ and
inserting ‘‘subsection’’;
(C) in paragraph (4)(B), in the matter preceding clause
(i), by inserting ‘‘and maintain’’ after ‘‘develop’’; and
(D) in paragraph (5)—

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5 USC 5701 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(i) in subparagraph (A), by striking ‘‘test’’; and
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) The Director of the Patent and Trademark Office
shall prepare and submit to the appropriate committees
of Congress an annual report on the operation of the program under this subsection, which shall include—
‘‘(i) the costs and benefits of the program; and
‘‘(ii) an analysis of the effectiveness of the program,
as determined under criteria developed by the
Director.’’; and
(3) in subsection (g), by striking ‘‘this section’’ and inserting
‘‘subsection (b)’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The table of
sections for subchapter I of chapter 57 of title 5, United States
Code, is amended by striking the item relating to section 5711
and inserting the following:
‘‘5711. Authority for telework travel expenses programs.’’.
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.

Section 5542(a)(6)(B) of title 5, United States Code, is amended
by striking ‘‘September 30, 2021’’ and inserting ‘‘September 30,
2026’’.
SEC. 1114. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION
AND TECHNOLOGY POSITIONS IN THE DEPARTMENT OF
DEFENSE.

(a) IN GENERAL.—Subchapter I of chapter 87 of title 10, United
States Code, is amended by inserting after section 1701a the following new section:

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10 USC 1701b.

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‘‘§ 1701b. Enhanced pay authority for certain acquisition and
technology positions
‘‘(a) IN GENERAL.—The Secretary of Defense may carry out
a program using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection (c)
in order to assist the Office of the Secretary of Defense and the
military departments in attracting and retaining high-quality
acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition
efforts of the Department of Defense.
‘‘(b) APPROVAL REQUIRED.—The program may be carried out
only with approval as follows:
‘‘(1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office
of the Secretary of Defense.
‘‘(2) Approval of the service acquisition executive of the
military department concerned, in the case of positions in a
military department.
‘‘(c) POSITIONS.—The positions described in this subsection are
positions that—
‘‘(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field;
and

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‘‘(2) are critical to the successful accomplishment of an
important acquisition or technology development mission.
‘‘(d) RATE OF BASIC PAY.—The pay authority specified in this
subsection is authority as follows:
‘‘(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Under Secretary of Defense for Acquisition and
Sustainment or the service acquisition executive concerned,
as applicable.
‘‘(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Secretary of Defense.
‘‘(e) LIMITATIONS.—
‘‘(1) IN GENERAL.—The authority in subsection (a) may
be used only to the extent necessary to competitively recruit
or retain individuals exceptionally well qualified for positions
described in subsection (c).
‘‘(2) NUMBER OF POSITIONS.—The authority in subsection
(a) may not be used with respect to more than five positions
in the Office of the Secretary of Defense and more than five
positions in each military department at any one time.
‘‘(3) TERM OF POSITIONS.—The authority in subsection (a)
may be used only for positions having terms less than five
years.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 87 of such title is amended by
inserting after the item relating to section 1701a the following
new item:

10 USC 1701
prec.

‘‘1701b. Enhanced pay authority for certain acquisition and technology positions.’’.

(c) REPEAL OF PILOT PROGRAM.—
(1) IN GENERAL.—Section 1111 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note)
is repealed.
(2) CONTINUATION OF PAY.—The repeal in paragraph (1)
shall not be interpreted to prohibit the payment of basic pay
at rates fixed under such section 1111 before the date of the
enactment of this Act for positions having terms that continue
after that date.

10 USC 1701
note.

SEC. 1115. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE DEPARTMENT OF DEFENSE.

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(a) IN GENERAL.—Chapter 139 of title 10, United States Code,
is amended by inserting after section 2358b the following new
section:
‘‘§ 2358c. Enhanced pay authority for certain research and
technology positions in science and technology
reinvention laboratories
‘‘(a) IN GENERAL.—The Secretary of Defense may carry out
a program using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection (c)
in order to assist the military departments in attracting and

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10 USC 2351
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost
research and technology development efforts in the science and
technology reinvention laboratories of the Department of Defense.
‘‘(b) APPROVAL REQUIRED.—The program may be carried out
in a military department only with the approval of the service
acquisition executive of the military department concerned.
‘‘(c) POSITIONS.—The positions described in this subsection are
positions in the science and technology reinvention laboratories
of the Department of Defense that—
‘‘(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field;
and
‘‘(2) are critical to the successful accomplishment of an
important research or technology development mission.
‘‘(d) RATE OF BASIC PAY.—The pay authority specified in this
subsection is authority as follows:
‘‘(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the service acquisition executive concerned.
‘‘(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Secretary of the military department concerned.
‘‘(e) LIMITATIONS.—
‘‘(1) IN GENERAL.—The authority in subsection (a) may
be used only to the extent necessary to competitively recruit
or retain individuals exceptionally well qualified for positions
described in subsection (c).
‘‘(2) NUMBER OF POSITIONS.—The authority in subsection
(a) may not be used with respect to more than five positions
in each military department at any one time.
‘‘(3) TERM OF POSITIONS.—The authority in subsection (a)
may be used only for positions having a term of less than
five years.
‘‘(f) SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF
THE DEPARTMENT OF DEFENSE DEFINED.—In this section, the term
‘science and technology reinvention laboratories of the Department
of Defense’ means the laboratories designated as science and technology reinvention laboratories by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358
note).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by inserting after
the item relating to section 2358b the following new item:
‘‘2358c. Enhanced pay authority for certain research and technology positions in
science and technology reinvention laboratories.’’.

(c) REPEAL OF PILOT PROGRAM.—
(1) IN GENERAL.—Section 1124 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328;
130 Stat. 2456; 10 U.S.C. 2358 note) is repealed.
(2) CONTINUATION OF PAY.—The repeal in paragraph (1)
shall not be interpreted to prohibit the payment of basic pay
at rates fixed under such section 1124 before the date of the
enactment of this Act for positions having terms that continue
after that date.

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10 USC 2358
note.

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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.

Section 1599c(b) of title 10, United States Code, is amended
by striking ‘‘December 31, 2020’’ both places it appears and inserting
‘‘December 31, 2025’’.
SEC. 1117. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN
DEPARTMENT OF DEFENSE PERSONNEL TO INCLUDE
INSTALLATION MILITARY HOUSING OFFICE POSITIONS
SUPERVISING PRIVATIZED MILITARY HOUSING.

Section 9905(a) of title 5, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(11) Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of chapter 169 of title
10.’’.
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.

Section 1109(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 2010; 5 U.S.C. 3393 note) is amended by striking ‘‘on the
date’’ and all that follows and inserting ‘‘on August 13, 2023’’.

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SEC. 1119. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN HIGH-LEVEL MANAGEMENT POSITIONS IN THE
DEPARTMENT OF DEFENSE.

10 USC 1580
note prec.

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense
may carry out a pilot program to assess the feasibility and advisability of using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection (c)
in order to assist the Department of Defense in attracting and
retaining personnel with significant experience in high-level
management of complex organizations and enterprise functions in
order to lead implementation by the Department of the National
Defense Strategy.
(b) APPROVAL REQUIRED.—The pilot program may be carried
out only with approval as follows:
(1) Approval of the Deputy Secretary of Defense, in the
case of a position not under the authority, direction, and control
of an Under Secretary of Defense and not under the authority,
direction, and control of the Under Secretary of a military
department.
(2) Approval of the applicable Under Secretary of Defense,
in the case of a position under the authority, direction, and
control of an Under Secretary of Defense.
(3) Approval of the Under Secretary or an Assistant Secretary of the military department concerned, in the case of
a position in a military department.

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(c) POSITIONS.—The positions described in this subsection are
positions that require expertise of an extremely high level in innovative leadership and management of enterprise-wide business operations, including financial management, health care, supply chain
and logistics, information technology, real property stewardship,
and human resources, across a large and complex organization.
(d) RATE OF BASIC PAY.—Without regard to the basic pay
authorities in sections 5376, 5382, 5383 and 9903 of title 5, United
States Code, the pay authority specified in this subsection is
authority as follows:
(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the applicable official under subsection (b).
(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Secretary of Defense.
(e) LIMITATIONS.—
(1) IN GENERAL.—The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
(2) NUMBER OF POSITIONS.—The authority in subsection
(a) may not be used with respect to—
(A) more than 10 positions in the Office of the Secretary
of Defense and components of the Department of Defense
other than the military departments at any one time; and
(B) more than five positions in each military department at any one time.
(3) TERM OF POSITIONS.—The authority in subsection (a)
may be used only for positions having terms less than five
years.
(4) PAST SERVICE.—An individual may not be appointed
to a position pursuant to the authority provided by subsection
(a) if the individual separated or retired from Federal civil
service or service as a commissioned officer of an Armed Force
on a date that is less than five years before the date of such
appointment of the individual.
(f) TERMINATION.—
(1) IN GENERAL.—The authority to fix rates of basic pay
for a position under this section shall terminate on October
1, 2025.
(2) CONTINUATION OF PAY.—Nothing in paragraph (1) shall
be construed to prohibit the payment after October 1, 2025,
of basic pay at rates fixed under this section before that date
for positions whose terms continue after that date.
SEC. 1120. RECRUITMENT INCENTIVES FOR PLACEMENT AT REMOTE
LOCATIONS.

(a) IN GENERAL.—Chapter 81 of title 10, United States Code,
is amended by adding at the end the following new section:
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‘‘§ 1599i. Recruitment incentives for placement at remote
locations
‘‘(a) RECRUITMENT INCENTIVE.—

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134 STAT. 3899

‘‘(1) IN GENERAL.—An individual appointed to a position
in the Department of Defense at a covered location may be
paid a recruitment incentive in connection with such appointment.
‘‘(2) AMOUNT.—The amount of a recruitment incentive payable to an individual under this subsection may not exceed
the amount equal to—
‘‘(A) 25 percent of the annual rate of basic pay of
the employee for the position concerned as of the date
on which the service period in such position agreed to
by the individual under paragraph (3) commences; multiplied by
‘‘(B) the number of years (including fractions of a year)
of such service period (not to exceed four years).
‘‘(3) SERVICE AGREEMENT.—To receive a recruitment incentive under this subsection, an individual appointed to a position
under paragraph (1) shall enter into an agreement with the
Secretary of Defense to complete a period of service at the
covered location. The period of obligated service of the individual at such location under the agreement may not exceed
four years. The agreement shall include such repayment or
alternative employment obligations as the Secretary considers
appropriate for failure of the individual to complete the period
of obligated service specified in the agreement.
‘‘(4) COVERED LOCATIONS DEFINED.—In this section, a covered location is a location for which the Secretary of Defense
has determined that critical hiring needs are not being met
due to the geographic remoteness or isolation or extreme climate conditions of the location.
‘‘(b) SUNSET.—Effective on September 30, 2022, the authority
provided under subsection (a) shall expire.’’.
(b) OUTCOME MEASUREMENTS.—The Secretary of Defense shall
develop outcome measurements to evaluate the effect of the
authority provided under subsection (a) of section 1599i of title
10, United States Code, as added by subsection (a), and any relocation incentives provided under subsection (b) of such section.
(c) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense
committees a report on the effect of the authority provided
under section 1599i of title 10, United States Code, as added
by subsection (a).
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the effectiveness
and achievements of the recruitment incentives described
in paragraph (1), including—
(i) the number of employees placed at covered locations described in section 1599i(a)(2) of title 10, United
States Code, as added by subsection (a); and
(ii) the cost-per-placement of such employees.
(B) A comparison of the effectiveness and use of the
recruitment incentives described in paragraph (1) to
authorities under title 5, United States Code, used by the
Department of Defense before the date of the enactment
of this Act to support hiring at remote or rural locations.
(C) An assessment of—

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note.

Assessments.

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(i) the minority community outreach efforts made
in using the authority and providing relocation incentives described in paragraph (1); and
(ii) participation outcomes.
(D) Such other matters as the Secretary considers
appropriate.
(d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of title 10, United States Code, is amended
by adding at the end the following new item:

10 USC 1580
prec.

‘‘1599i. 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.

(a) IN GENERAL.—Section 5724b(b) of title 5, United States
Code, is amended—
(1) by striking ‘‘or relocation expenses reimbursed’’ and
inserting ‘‘and relocation expenses reimbursed’’; and
(2) by striking ‘‘of chapter 41’’ and inserting ‘‘or chapter
41’’.
(b) RETROACTIVE EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect as if included in the enactment
of section 1114 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92).

5 USC 5724b.

Elijah E.
Cummings
Federal
Employee Antidiscrimination
Act of 2020.
5 USC 101 note.

Subtitle B—Elijah E. Cummings Federal
Employee Antidiscrimination Act of 2020
SEC. 1131. SHORT TITLE.

This subtitle may be cited as the ‘‘Elijah E. Cummings Federal
Employee Antidiscrimination Act of 2020’’.
SEC. 1132. SENSE OF CONGRESS.

Section 102 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note)
is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) accountability in the enforcement of the rights of Federal employees is furthered when Federal agencies agree to
take appropriate disciplinary action against Federal employees
who are found to have intentionally committed discriminatory
(including retaliatory) acts;’’; and
(2) in paragraph (5)(A)—
(A) by striking ‘‘nor is accountability’’ and inserting
‘‘accountability is not’’; and
(B) by inserting ‘‘for what, by law, the agency is responsible’’ after ‘‘under this Act’’.

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SEC. 1133. NOTIFICATION OF VIOLATION.

Deadline.

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Section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note)
is amended by adding at the end the following:
‘‘(d) NOTIFICATION OF FINAL AGENCY ACTION.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date
on which an event described in paragraph (2) occurs with

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134 STAT. 3901

respect to a finding of discrimination (including retaliation),
the head of the Federal agency subject to the finding shall
provide notice—
‘‘(A) on the public internet website of the agency, in
a clear and prominent location linked directly from the
home page of that website;
‘‘(B) stating that a finding of discrimination (including
retaliation) has been made; and
‘‘(C) which shall remain posted for not less than 1
year.
‘‘(2) EVENTS DESCRIBED.—An event described in this paragraph is any of the following:
‘‘(A) All appeals of a final action by a Federal agency
involving a finding of discrimination (including retaliation)
prohibited by a provision of law covered by paragraph
(1) or (2) of section 201(a) have been exhausted.
‘‘(B) All appeals of a final decision by the Equal
Employment Opportunity Commission involving a finding
of discrimination (including if the finding included a finding
of retaliation) prohibited by a provision of law covered
by paragraph (1) or (2) of section 201(a) have been
exhausted.
‘‘(C) A court of jurisdiction issues a final judgment
involving a finding of discrimination (including retaliation)
prohibited by a provision of law covered by paragraph
(1) or (2) of section 201(a).
‘‘(3) CONTENTS.—A notification provided under paragraph
(1) with respect to a finding of discrimination (including retaliation) shall—
‘‘(A) identify the date on which the finding was made,
the date on which each discriminatory act occurred, and
the law violated by each such discriminatory act; and
‘‘(B) advise Federal employees of the rights and protections available under the provisions of law covered by paragraphs (1) and (2) of section 201(a).’’.

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SEC. 1134. REPORTING REQUIREMENTS.

(a) ELECTRONIC FORMAT REQUIREMENT.—
(1) IN GENERAL.—Section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of
2002 (5 U.S.C. 2301 note) is amended in the matter preceding
paragraph (1)—
(A) by inserting ‘‘Homeland Security and’’ before
‘‘Governmental Affairs’’;
(B) by striking ‘‘on Government Reform’’ and inserting
‘‘on Oversight and Reform’’; and
(C) by inserting ‘‘(in an electronic format prescribed
by the Director of the Office of Personnel Management),’’
after ‘‘an annual report’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1)(C) shall take effect on the date that is 1 year after the
date of enactment of this Act.
(3) TRANSITION PERIOD.—Notwithstanding the requirements of section 203(a) of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note), the report required under such section 203(a)
may be submitted in an electronic format, as prescribed by

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5 USC 2301 note.

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the Director of the Office of Personnel Management, during
the period beginning on the date of enactment of this Act
and ending on the effective date in paragraph (2).
(b) REPORTING REQUIREMENT FOR DISCIPLINARY ACTION.—Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended
by adding at the end the following:
‘‘(c) DISCIPLINARY ACTION REPORT.—Not later than 120 days
after the date on which a Federal agency takes final action, or
a Federal agency receives a final decision issued by the Equal
Employment Opportunity Commission, involving a finding of
discrimination (including retaliation) in violation of a provision
of law covered by paragraph (1) or (2) of section 201(a), as
applicable, the applicable Federal agency shall submit to the
Commission a report stating—
‘‘(1) whether disciplinary action has been proposed against
a Federal employee as a result of the violation; and
‘‘(2) the reasons for any disciplinary action proposed under
paragraph (1).’’.
SEC. 1135. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.

Section 301(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note)
is amended—
(1) in paragraph (9)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B)(ii), by striking the period at
the end and inserting ‘‘, and’’; and
(C) by adding at the end the following:
‘‘(C) with respect to each finding described in subparagraph (A)—
‘‘(i) the date of the finding,
‘‘(ii) the affected Federal agency,
‘‘(iii) the law violated, and
‘‘(iv) whether a decision has been made regarding
disciplinary action as a result of the finding.’’; and
(2) by adding at the end the following:
‘‘(11) Data regarding each class action complaint filed
against the agency alleging discrimination (including retaliation), including—
‘‘(A) information regarding the date on which each
complaint was filed,
‘‘(B) a general summary of the allegations alleged in
the complaint,
‘‘(C) an estimate of the total number of plaintiffs joined
in the complaint, if known,
‘‘(D) the current status of the complaint, including
whether the class has been certified, and
‘‘(E) the case numbers for the civil actions in which
discrimination (including retaliation) has been found.’’.

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SEC. 1136. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

Section 302(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note)
is amended by striking ‘‘(10)’’ and inserting ‘‘(11)’’.

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134 STAT. 3903

SEC. 1137. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 AMENDMENTS.

(a) NOTIFICATION REQUIREMENTS.—Title II of the Notification
and Federal Employee Antidiscrimination and Retaliation Act of
2002 (5 U.S.C. 2301 note) is amended by adding at the end the
following:
‘‘SEC. 207. COMPLAINT TRACKING.

‘‘Not later than 1 year after the date of enactment of the
Elijah E. Cummings Federal Employee Antidiscrimination Act of
2020, each Federal agency shall establish a system to track each
complaint of discrimination arising under section 2302(b)(1) of title
5, United States Code, and adjudicated through the Equal Employment Opportunity process from the filing of a complaint with the
Federal agency to resolution of the complaint, including whether
a decision has been made regarding disciplinary action as the
result of a finding of discrimination.

Deadline.

‘‘SEC. 208. NOTATION IN PERSONNEL RECORD.

‘‘If a Federal agency takes an adverse action covered under
section 7512 of title 5, United States Code, against a Federal
employee for an act of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section
201(a), the agency shall, after all appeals relating to that action
have been exhausted, include a notation of the adverse action
and the reason for the action in the personnel record of the
employee.’’.
(b) PROCESSING AND REFERRAL.—The Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C.
2301 note) is amended by adding at the end the following:

‘‘TITLE IV—PROCESSING AND
REFERRAL
‘‘SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.

‘‘Each Federal agency shall—
‘‘(1) be responsible for the fair and impartial processing
and resolution of complaints of employment discrimination
(including retaliation) prohibited by a provision of law covered
by paragraph (1) or (2) of section 201(a); and
‘‘(2) establish a model Equal Employment Opportunity Program that—
‘‘(A) is not under the control, either structurally or
practically, of the agency’s Office of Human Capital or
Office of the General Counsel (or the equivalent);
‘‘(B) is devoid of internal conflicts of interest and
ensures fairness and inclusiveness within the agency; and
‘‘(C) ensures the efficient and fair resolution of complaints alleging discrimination (including retaliation).

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‘‘SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.

‘‘Nothing in this title shall prevent a Federal agency or a
subcomponent of a Federal agency, or the Department of Justice,
from providing advice or counsel to employees of that agency (or
subcomponent, as applicable) in the resolution of a complaint.

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134 STAT. 3904

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.

‘‘The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency.
‘‘SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
Deadline.
Determination.

Summary.
Review.

‘‘(a) EEOC FINDINGS OF DISCRIMINATION.—
‘‘(1) IN GENERAL.—Not later than 30 days after the date
on which the Equal Employment Opportunity Commission
(referred to in this section as the ‘Commission’) receives, or
should have received, a Federal agency report required under
section 203(c), the Commission may refer the matter to which
the report relates to the Office of Special Counsel if the Commission determines that the Federal agency did not take appropriate action with respect to the finding that is the subject
of the report.
‘‘(2) NOTIFICATIONS.—The Commission shall—
‘‘(A) notify the applicable Federal agency if the
Commission refers a matter to the Office of Special Counsel
under paragraph (1); and
‘‘(B) with respect to a fiscal year, include in the Annual
Report of the Federal Workforce of the Commission covering that fiscal year—
‘‘(i) the number of referrals made under paragraph
(1) during that fiscal year; and
‘‘(ii) a brief summary of each referral described
in clause (i).
‘‘(b) REFERRALS TO SPECIAL COUNSEL.—The Office of Special
Counsel shall accept and review a referral from the Commission
under subsection (a)(1) for purposes of pursuing disciplinary action
under the authority of the Office against a Federal employee who
commits an act of discrimination (including retaliation).
‘‘(c) NOTIFICATION.—The Office of Special Counsel shall notify
the Commission and the applicable Federal agency in a case in
which—
‘‘(1) the Office of Special Counsel pursues disciplinary
action under subsection (b); and
‘‘(2) the Federal agency imposes some form of disciplinary
action against a Federal employee who commits an act of
discrimination (including retaliation).
‘‘(d) SPECIAL COUNSEL APPROVAL.—A Federal agency may not
take disciplinary action against a Federal employee for an alleged
act of discrimination (including retaliation) referred by the Commission under this section, except in accordance with the requirements
of section 1214(f) of title 5, United States Code.’’.
(c) CONFORMING AMENDMENTS.—The table of contents in section
1(b) of the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
(1) by inserting after the item relating to section 206 the
following:
‘‘Sec. 207. Complaint tracking.
‘‘Sec. 208. Notation in personnel record.’’; and

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(2) by adding at the end the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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401.
402.
403.
404.

‘‘TITLE IV—PROCESSING AND REFERRAL
Processing and resolution of complaints.
No limitation on advice or counsel.
Head of Program supervised by head of agency.
Referrals of findings of discrimination.’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3905

SEC. 1138. NONDISCLOSURE AGREEMENT LIMITATION.

Section 2302(b)(13) of title 5, United States Code, is amended—
(1) by striking ‘‘agreement does not’’ and inserting the
following: ‘‘agreement—
‘‘(A) does not’’;
(2) in subparagraph (A), as so designated, by inserting
‘‘or the Office of Special Counsel’’ after ‘‘Inspector General’’;
and
(3) by adding at the end the following:
‘‘(B) prohibits or restricts an employee or applicant
for employment from disclosing to Congress, the Special
Counsel, the Inspector General of an agency, or any other
agency component responsible for internal investigation or
review any information that relates to any violation of
any law, rule, or regulation, or mismanagement, a gross
waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or any other
whistleblower protection; or’’.

TITLE XII—MATTERS RELATING TO
FOREIGN NATIONS
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

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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.

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PUBLIC LAW 116–283—JAN. 1, 2021

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.
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.
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.

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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.
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.

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134 STAT. 3907

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.
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.

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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.

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.

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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.
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.

Subtitle A—Assistance and Training
SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS.

Section 333(a) of title 10, United States Code, is amended—
(1) by redesignating paragraph (7) as paragraph (8);
(2) by inserting after paragraph (6) the following new paragraph (7):
‘‘(7) Air domain awareness operations.’’; and
(3) by adding at the end the following new paragraph:
‘‘(9) Cyberspace security and defensive cyberspace operations.’’.
SEC. 1202. PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL EXCHANGE OF SURFACE TRANSPORTATION SERVICES.

(a) IN GENERAL.—Subchapter II of chapter 138 of title 10,
United States Code, is amended by inserting after section 2350l
the following new section 2350m:

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10 USC 2350m.

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‘‘§ 2350m. Participation in European program on multilateral
exchange of surface transportation services
‘‘(a) PARTICIPATION AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the participation of the Department of Defense in the Surface Exchange
of Services program (in this section referred to as the ‘SEOS
program’) of the Movement Coordination Centre Europe.
‘‘(2) SCOPE OF PARTICIPATION.—Participation of the Department of Defense in the SEOS program under paragraph (1)
may include—

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‘‘(A) the reciprocal exchange or transfer of surface
transportation on a reimbursable basis or by replacementin-kind; and
‘‘(B) the exchange of surface transportation services
of an equal value.
‘‘(b) WRITTEN ARRANGEMENT OR AGREEMENT.—
‘‘(1) IN GENERAL.—Participation of the Department of
Defense in the SEOS program shall be in accordance with
a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of
State, and the Movement Coordination Centre Europe.
‘‘(2) NOTIFICATION.—The Secretary of Defense shall provide
to the congressional defense committees notification of any
arrangement or agreement entered into under paragraph (1).
‘‘(3) FUNDING ARRANGEMENTS.—If Department of Defense
facilities, equipment, or funds are used to support the SEOS
program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing
or other funding arrangement.
‘‘(4) OTHER ELEMENTS.—Any written arrangement or agreement entered into under paragraph (1) shall require that any
accrued credits or liability resulting from an unequal exchange
or transfer of surface transportation services shall be liquidated
through the SEOS program not less than once every five years.
‘‘(c) IMPLEMENTATION.—In carrying out any arrangement or
agreement entered into under subsection (b), the Secretary of
Defense may—
‘‘(1) pay the equitable share of the Department of Defense
for the operating expenses of the Movement Coordination
Centre Europe and the SEOS program from funds available
to the Department of Defense for operation and maintenance;
and
‘‘(2) assign members of the armed forces or Department
of Defense civilian personnel, within billets authorized for the
United States European Command, to duty at the Movement
Coordination Centre Europe as necessary to fulfill Department
of Defense obligations under that arrangement or agreement.
‘‘(d) CREDITING OF RECEIPTS.—Any amount received by the
Department of Defense as part of the SEOS program shall be
credited, at the option of the Secretary of Defense, to—
‘‘(1) the appropriation, fund, or account used in incurring
the obligation for which such amount is received; or
‘‘(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures
were made.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than 30 days after the end
of each fiscal year in which the authority under this section
is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense
participation in the SEOS program during such fiscal year.
‘‘(2) ELEMENTS.—Each report required by paragraph (1)
shall include the following:
‘‘(A) A description of the equitable share of the costs
and activities of the SEOS program paid by the Department
of Defense.

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prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(B) A description of any amount received by the
Department of Defense as part of such program, including
the country from which the amount was received.
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section may be construed to authorize the use of foreign sealift
in violation of section 2631.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to section 2350l the following new item:
‘‘2350m. Participation in European program on multilateral exchange of surface
transportation services.’’.
SEC. 1203. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR EXCHANGE OF AIR REFUELING AND AIR
TRANSPORTATION SERVICES.

(a) IN GENERAL.—Subchapter II of chapter 138 of title 10,
United States Code, as amended by section 1202, is further amended
by adding at the end the following new section:

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10 USC 2350o.

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‘‘§ 2350o. Participation in programs relating to coordination
or exchange of air refueling and air transportation services
‘‘(a) PARTICIPATION AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the participation of the Department of Defense in programs relating to
the coordination or exchange of air refueling and air transportation services, including in the arrangement known as the
Air Transport and Air-to-Air Refueling and other Exchanges
of Services program (in this section referred to as the ‘ATARES
program’).
‘‘(2) SCOPE OF PARTICIPATION.—Participation of the Department of Defense in programs referred to in paragraph (1)
may include—
‘‘(A) the reciprocal exchange or transfer of air refueling
and air transportation services on a reimbursable basis
or by replacement-in-kind; and
‘‘(B) the exchange of air refueling and air transportation services of an equal value.
‘‘(3) LIMITATIONS WITH RESPECT TO PARTICIPATION IN ATARES
PROGRAM.—
‘‘(A) IN GENERAL.—The Department of Defense balance
of executed flight hours in participation in the ATARES
program under paragraph (1), whether as credits or debits,
may not exceed a total of 500 hours.
‘‘(B) AIR REFUELING.—The Department of Defense balance of executed flight hours for air refueling in participation in the ATARES program under paragraph (1) may
not exceed 200 hours.
‘‘(b) WRITTEN ARRANGEMENT OR AGREEMENT.—Participation of
the Department of Defense in a program referred to in subsection
(a)(1) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence
of the Secretary of State.
‘‘(c) IMPLEMENTATION.—In carrying out any arrangement or
agreement entered into under subsection (b), the Secretary of
Defense may—

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‘‘(1) pay the equitable share of the Department of Defense
for the recurring and nonrecurring costs of the applicable program referred to in subsection (a)(1) from funds available to
the Department for operation and maintenance; and
‘‘(2) assign members of the armed forces or Department
of Defense civilian personnel to fulfill Department obligations
under that arrangement or agreement.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter, as amended by section 1202, is further
amended by adding at the end the following new item:

10 USC 2350a
prec.

‘‘2350o. Participation in programs relating to coordination or exchange of air refueling and air transportation services.’’.

(c) REPEAL.—Section 1276 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350c note) is repealed.
SEC. 1204. RECIPROCAL PATIENT MOVEMENT AGREEMENTS.

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(a) IN GENERAL.—Subchapter II of chapter 138 of title 10,
United States Code, as amended by section 1203, is further amended
by adding at the end the following new section:
‘‘§ 2350p. Reciprocal patient movement agreements
‘‘(a) AUTHORITY.—Subject to the availability of appropriations,
the Secretary of Defense, with the concurrence of the Secretary
of State, may enter into a bilateral or multilateral memorandum
of understanding or other formal agreement with one or more
governments of partner countries that provides for—
‘‘(1) the interchangeable, nonreimbursable use of patient
movement personnel, either individually or as members of a
patient movement crew or team, and equipment, belonging
to one partner country to perform patient movement services
aboard the aircraft, vessels, or vehicles of another partner
country;
‘‘(2) the reciprocal recognition and acceptance of —
‘‘(A) national professional credentials, certifications,
and licenses of patient movement personnel; and
‘‘(B) national certifications, approvals, and licenses of
equipment used in the provision of patient movement services; and
‘‘(3) the acceptance of agreed-upon standards for the provision of patient movement services by aircraft, vessel, or vehicle,
including, as determined to be beneficial and otherwise permitted by law, the harmonization of patient treatment standards and procedures.
‘‘(b) CERTIFICATION.—(1) Before entering into a memorandum
of understanding or other formal agreement with the government
of a partner country under this section, the Secretary of Defense
shall certify in writing that the professional credentials, certifications, licenses, and approvals for patient movement personnel
and patient movement equipment of the partner country—
‘‘(A) meet or exceed the equivalent standards of the United
States for similar personnel and equipment; and
‘‘(B) will provide for a level of care comparable to, or better
than, the level of care provided by the Department of Defense.
‘‘(2) A certification under paragraph (1) shall be—
‘‘(A) submitted to the appropriate committees of Congress
not later than 15 days after the date on which the Secretary
of Defense makes the certification; and

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‘‘(B) reviewed and recertified by the Secretary of Defense
not less frequently than annually.
‘‘(c) SUSPENSION.—If the Secretary of Defense is unable to recertify a partner country as required by subsection (b)(2)(B), use of
the personnel or equipment of the partner country by the Department of Defense under a memorandum of understanding or other
formal agreement concluded pursuant to subsection (a) shall be
suspended until the date on which the Secretary of Defense is
able to recertify the partner country.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘appropriate committees of Congress’ means—
‘‘(A) the congressional defense committees; and
‘‘(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
‘‘(2) PARTNER COUNTRY.—The term ‘partner country’ means
any of the following:
‘‘(A) A member country of the North Atlantic Treaty
Organization.
‘‘(B) Australia.
‘‘(C) Japan.
‘‘(D) New Zealand.
‘‘(E) The Republic of Korea.
‘‘(F) Any other country designated as a partner country
by the Secretary of Defense, with the concurrence of the
Secretary of State, for purposes of this section.
‘‘(3) PATIENT MOVEMENT.—The term ‘patient movement’
means the act or process of moving wounded, ill, injured, or
other persons (including contaminated, contagious, and potentially exposed patients) to obtain medical, surgical, mental
health, or dental care or treatment.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter, as amended by section 1203, is further
amended by adding at the end the following new item:
‘‘2350p. Reciprocal patient movement agreements.’’.
SEC. 1205. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES
ACADEMY.

Section 350(b) of title 10, United States Code, is amended
by striking ‘‘that are’’ and all that follows through the period
at the end and inserting ‘‘that are—
‘‘(1) members of the North Atlantic Treaty Organization;
‘‘(2) signatories to the Partnership for Peace Framework
Documents; or
‘‘(3)(A) within the United States Africa Command area
of responsibility; and
‘‘(B) eligible for assistance under chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).’’.

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SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN
MULTINATIONAL CENTERS OF EXCELLENCE.

(a) IN GENERAL.—Section 344 of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘MULTINATIONAL
MILITARY CENTERS OF EXCELLENCE’’ and inserting ‘‘MULTINATIONAL CENTERS OF EXCELLENCE’’;

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(2) by striking ‘‘multinational military center of excellence’’
each place it appears and inserting ‘‘multinational center of
excellence’’;
(3) by striking ‘‘multinational military centers of excellence’’
each place it appears and inserting ‘‘multinational centers of
excellence’’;
(4) in subsection (b)(1), by inserting ‘‘or entered into by
the Secretary of State,’’ after ‘‘Secretary of State,’’;
(5) in subsection (e)—
(A) in the subsection heading, by striking ‘‘MULTINATIONAL MILITARY CENTER OF EXCELLENCE’’ and inserting
‘‘MULTINATIONAL CENTER OF EXCELLENCE’’;
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving
such subparagraphs two ems to the right;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ‘‘means an entity’’ and inserting
‘‘means—
‘‘(1) an entity’’;
(D) in subparagraph (C), as so redesignated, by striking
‘‘; and’’ and inserting a semicolon;
(E) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ‘‘; and’’; and
(F) by adding at the end the following new paragraph:
‘‘(2) the European Centre of Excellence for Countering
Hybrid Threats, established in 2017 and located in Helsinki,
Finland.’’;
(6) by redesignating subsection (e) as subsection (f); and
(7) by inserting after subsection (d) the following new subsection:
‘‘(e) NOTIFICATION.—Not later than 30 days before the date
on which the Secretary of Defense authorizes participation under
subsection (a) in a new multinational center of excellence, the
Secretary shall notify the congressional defense committees of such
participation.’’.
(b) CONFORMING AMENDMENT.—Title 10, United States Code,
is amended, in the table of sections at the beginning of subchapter
V of chapter 16, by striking the item relating to section 344 and
inserting the following:

Deadline.

10 USC 341 prec.

‘‘344. Participation in multinational centers of excellence.’’.

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SEC. 1207. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL
OPERATIONS FOR IRREGULAR WARFARE.

(a) AUTHORITY.—Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115–
91; 131 Stat. 1639) is amended by striking ‘‘$10,000,000’’ and
inserting ‘‘$15,000,000’’.
(b) NOTIFICATION.—Subsection (d)(2) of such section is
amended—
(1) by redesignating subparagraph (E) as subparagraph
(G);
(2) by inserting after subparagraph (D) the following:
‘‘(E) A description of steps taken to ensure the support
is consistent with other United States national security
interests, including issues related to human rights.
‘‘(F) A description of steps taken to ensure that the
recipients of the support have not engaged in human rights

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violations, to include the conduct of periodic reviews as
a means to investigate allegations of violations and processes and procedures to modify support in case of credible
reports of violations.’’; and
(3) in clause (i) of subparagraph (G), as redesignated, to
read as follows:
‘‘(i) An introduction of United States Armed Forces
(including as such term is defined in section 8(c) of
the War Powers Resolution (50 U.S.C. 1547(c))) into
hostilities, or into situations where hostilities are
clearly indicated by the circumstances, without specific
statutory authorization within the meaning of section
5(b) of such Resolution (50 U.S.C. 1544(b)).’’.
(c) CONSTRUCTION OF AUTHORITY.—Subsection (f)(2) of such
section is amended by striking ‘‘of section 5(b)’’.
SEC. 1208. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH
MOBILITY MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES.

President.

Section 1276 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1699) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A), by adding at the end the
following new sentence: ‘‘Such description may include,
if applicable, a description of the priority United States
security or defense cooperation interest with the recipient
country that is fulfilled by the waiver.’’; and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) An explanation of the reasons for which it is
in the national interest of the United States to make the
transfer notwithstanding the requirements of subsection
(a)(1).’’;
(2) by inserting after subsection (b)(2) the following new
paragraph:
‘‘(3) DELEGATION OF AUTHORITY.—The President may delegate the waiver authority provided by this subsection to the
Secretary of Defense.’’; and
(3) in subsection (c)(2), by striking ‘‘three’’ and inserting
‘‘four’’.
SEC. 1209. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF DEFENSE FREEDOM OF NAVIGATION REPORT.

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Summary.

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(a) ELEMENTS.—Subsection (b) of section 1275 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2540) is amended—
(1) in paragraph (1), by inserting ‘‘the number of maritime
and overflight challenges to each such claim and’’ before ‘‘the
country’’;
(2) in paragraph (5), by inserting ‘‘have been protested
by the United States but’’ before ‘‘have not been challenged’’;
and
(3) by adding at the end the following:
‘‘(6) A summary of each excessive maritime claim challenged jointly with international partners and allies.’’.
(b) FORM.—Subsection (c) of such section is amended by adding
at the end before the period the following: ‘‘and made publicly
available’’.

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(c) SUNSET.—Subsection (d) of such section is amended by
striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2025’’.
SEC. 1210. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.

(a) FUNDS AVAILABLE FOR SUPPORT.—Subsection (b) of section
1226 of the National Defense Authorization Act for Fiscal Year
2016 (22 U.S.C. 2151 note) is amended to read as follows:
‘‘(b) FUNDS AVAILABLE FOR SUPPORT.—Amounts to provide support under the authority of subsection (a) may be derived only
from amounts authorized to be appropriated and available for operation and maintenance, Defense-wide.’’.
(b) EXTENSION.—Subsection (h) of such section is amended by
striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2023’’.
SEC. 1210A. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR
STABILIZATION ACTIVITIES IN NATIONAL SECURITY
INTEREST OF THE UNITED STATES.

Subsection (h) of section 1210A of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1628) is amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’.
SEC. 1210B. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT.

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Section 1250(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2529) is
amended by striking ‘‘through 2021’’ and inserting ‘‘through 2026’’.

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SEC. 1210C. PLAN TO INCREASE PARTICIPATION IN INTERNATIONAL
MILITARY EDUCATION AND TRAINING PROGRAMS.

22 USC 2347.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the appropriate
congressional committees a plan to increase the number of foreign
female participants receiving training under the International Military Education and Training program authorized under chapter
5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2347 et seq.) and any other military exchange program offered
to foreign participants, with the goal of doubling such participation
over the 10-year period beginning on the date of the enactment
of this Act.
(b) INTERIM PROGRESS REPORTS.—Not later than 2 years after
the date of the submission of the plan required by subsection
(a), and every 2 years thereafter until the end of the 10-year
period beginning on the date of the enactment of this Act, the
Secretary of State, in coordination with the Secretary of Defense,
shall submit to the appropriate congressional committees a report
that includes the most recently available data on foreign female
participation in activities conducted under the International Military Education and Training program and any other military
exchange programs and describes the manner and extent to which
the goal described in subsection (a) has been achieved as of the
date of the submission of the report.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—

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(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.

22 USC 2656
note.

SEC. 1210D. MITIGATION AND PREVENTION OF ATROCITIES IN HIGHRISK COUNTRIES.

Coordination.

(a) STATEMENT OF POLICY.—It is the policy of the United States
that the Department of State, in coordination with the Department
of Defense and the United States Agency for International Development, should address global fragility, as required by the Global
Fragility Act of 2019 and, to the extent practicable, incorporate
efforts to identify, prevent, and respond to the causes of atrocities,
as required by section 3 of the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (22 U.S.C. 2656 note), into security assistance and cooperation planning and implementation for covered foreign countries.
(b) IN GENERAL.—The Secretary of State, in consultation with
chiefs of mission and the Administrator of the United States Agency
for International Development, shall ensure that the Department
of State’s Atrocity Assessment Framework is factored into the
Integrated Country Strategy and the Country Development
Cooperation Strategy where appropriate for covered foreign countries.
(c) REPORT.—
(1) IN GENERAL.—Section 5 of the Elie Wiesel Genocide
and Atrocities Prevention Act of 2018 is amended—
(A) by amending subparagraph (E) of subsection (a)(1)
to read as follows:
‘‘(E) countries and regions at risk of atrocities,
including covered foreign countries, and a description of
specific risk factors, at risk groups, likely scenarios in
which atrocities would occur, and efforts taken by the Board
or relevant Federal agencies to prevent such atrocities;
and’’; and
(B) by adding at the end the following new subscection:
‘‘(d) COVERED FOREIGN COUNTRY DEFINED.—The term ‘covered
foreign country’ means a foreign country that is not listed as a
priority country under section 505 of the Global Fragility Act of
2019 (22 U.S.C. 9804) but remains among the top 30 most at
risk countries for new onset of mass killing, according to the Department of State’s internal assessments, and in consultation with
the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives and the Committee on
Foreign Relations and the Committee on Armed Services of the
Senate.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect and apply beginning with the first report
required under section 5 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 that is required after the date
of the enactment of this Act.
(d) STAKEHOLDER CONSULTATION.—Consistent with section
504(b) of the Global Fragility Act of 2019 (22 U.S.C. 9803(b)),
the Secretary of State and other relevant agencies should consult
with credible representatives of civil society with experience in
atrocities prevention and national and local governance entities,
as well as relevant international development organizations with

Consultation.

Consultation.

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Applicability.

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experience implementing programs in fragile and violence-affected
communities, multilateral organizations and donors, and relevant
private, academic, and philanthropic entities, as appropriate, in
identifying covered foreign countries as defined in this section.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(2) COVERED FOREIGN COUNTRY.—The term ‘‘covered foreign
country’’ means a foreign country that is not listed as a priority
country under section 505 of the Global Fragility Act of 2019
(22 U.S.C. 9804) but remains among the top 30 most at risk
countries for new onset of mass killing, according to the Department of State’s internal assessments, and in consultation with
the appropriate congressional committees.

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SEC. 1210E. IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY
ACT OF 2017.

10 USC 113 note.

(a) IN GENERAL.—During the period beginning on the date
of the enactment of this Act and ending on September 30, 2025,
the Secretary of Defense shall undertake activities consistent with
the Women, Peace, and Security Act of 2017 (Public Law 115–
68; 131 Stat. 1202) and with the guidance specified in this section,
including—
(1) implementation of the Department of Defense plan entitled ‘‘Women, Peace, and Security Strategic Framework and
Implementation Plan’’ published in June 2020, or any successor
plan;
(2) establishing Department of Defense-wide policies and
programs that advance the implementation of the Act, including
military doctrine and Department-specific and combatant command-specific programs;
(3) ensuring the Department has sufficient qualified personnel to advance implementation of that Act, including by
hiring and training full-time equivalent personnel, as necessary,
and establishing roles, responsibilities, and requirements for
such personnel;
(4) as appropriate, the deliberate integration of relevant
training curriculum for members of the Armed Forces across
all ranks; and
(5) security cooperation activities that further the
implementation of that Act.
(b) BUILDING PARTNER DEFENSE INSTITUTION AND SECURITY
FORCE CAPACITY.—
(1) INCORPORATION OF GENDER ANALYSIS AND PARTICIPATION
OF WOMEN INTO SECURITY COOPERATION ACTIVITIES.—Consistent
with the Women, Peace, and Security Act of 2017 (Public Law
115–68; 131 Stat. 1202), the Secretary of Defense, in coordination with the Secretary of State, shall incorporate participation
by women and the analysis described in the Women’s
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115–428; 132 Stat. 5509) into the institutional

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and national security force capacity-building activities of security cooperation programs carried out under title 10, United
States Code, including, as appropriate, by—
(A) incorporating gender analysis and women, peace,
and security priorities into educational and training materials and programs authorized by section 333 of title 10,
United States Code;
(B) advising on the recruitment, employment, development, retention, and promotion of women in such national
security forces, including by—
(i) identifying existing military career opportunities for women;
(ii) exposing women and girls to careers available
in such national security forces and the skills necessary
for such careers; and
(iii) encouraging women’s and girls’ interest in
such careers by highlighting as role models women
of the United States and applicable foreign countries
in uniform;
(C) addressing sexual harassment and abuse against
women within such national security forces;
(D) integrating gender analysis into security sector
policy, planning, and training for such national security
forces; and
(E) improving infrastructure to address the requirements of women serving in such national security forces,
including appropriate equipment for female security and
police forces.
(2) BARRIERS AND OPPORTUNITIES.—Partner country assessments conducted in the course of Department security cooperation activities to build the capacity of the national security
forces of foreign countries shall include attention to the barriers
and opportunities with respect to strengthening recruitment,
employment, development, retention, and promotion of women
in the military forces of such partner countries.
(c) DEPARTMENT-WIDE POLICIES ON WOMEN, PEACE, AND SECURITY.—Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall initiate a process to
establish standardized policies described in subsection (a)(2).
(d) FUNDING.—The Secretary of Defense may use funds authorized to be appropriated in each fiscal year to the Department
of Defense for operation and maintenance as specified in the table
in section 4301 for carrying out the full implementation of the
Women, Peace, and Security Act of 2017 (Public Law 115–68; 131
Stat. 1202) and the guidance on the matters described in paragraphs
(1) through (5) of subsection (a) and subparagraphs (A) through
(E) of subsection (b)(1).
(e) ANNUAL REPORT.—Not later than one year after the date
of the enactment of this Act, and annually thereafter through
2025, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the steps the Department
has taken to implement the Women, Peace, and Security Act of
2017, including—
(1) implementation of defense lines of effort outlined in
the June 2020 Department of Defense ‘‘Women, Peace, and
Security Strategic Framework and Implementation Plan’’ and
described in paragraphs (1) through (5) of subsection (a) and

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subparagraphs (A) through (E) of subsection (b)(1), as appropriate; and
(2) an enumeration of the funds used in such implementation and an identification of funding shortfalls, if any, that
may inhibit implementation.
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.

Subtitle B—Matters Relating to
Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.

(a) EXTENSION.—Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110–
181; 122 Stat. 393) is amended by striking ‘‘beginning on October
1, 2019, and ending on December 31, 2020’’ and inserting ‘‘beginning
on October 1, 2020, and ending on December 31, 2021’’.
(b) MODIFICATION TO LIMITATION.—Subsection (d)(1) of such
section is amended—
(1) by striking ‘‘beginning on October 1, 2019, and ending
on December 31, 2020’’ and inserting ‘‘beginning on October
1, 2020, and ending on December 31, 2021’’; and
(2) by striking ‘‘$450,000,000’’ and inserting ‘‘$180,000,000’’.
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA
PROGRAM.

(a) IN GENERAL.—Section 602(b)(3)(F) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1) in the heading, by striking ‘‘2020’’ and inserting ‘‘2021’’;
(2) in the matter preceding clause (i), by striking ‘‘22,500’’
and inserting ‘‘22,620’’;
(3) in clause (i), by striking ‘‘December 31, 2021’’ and
inserting ‘‘December 31, 2022’’; and
(4) in clause (ii), the striking ‘‘December 31, 2021’’ inserting
‘‘December 31, 2022’’.
(b) REPORT EXTENSION.—Section 602(b)(13) of such Act (8
U.S.C. 1101 note) is amended by striking ‘‘January 31, 2021’’ and
inserting ‘‘January 31, 2023’’.
SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT OF
AFGHANISTAN.

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(a) MODIFICATION OF
PORT.—Subsection (a) of

AUTHORITY TO PROVIDE COVERED SUPsection 1218 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 132
Stat. 1633) is amended—
(1) by striking the subsection designation and heading and
all that follows through ‘‘The Secretary of Defense’’ and
inserting the following:

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‘‘(a) AUTHORITY TO PROVIDE COVERED SUPPORT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
of Defense’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) LIMITATION ON USE OF FUNDS.—Amounts authorized
to be appropriated or otherwise made available for the Department of Defense by this Act may not be obligated or expended
to provide covered support until the date on which the Secretary
of Defense submits to the appropriate committees of Congress
the report required by subsection (b).’’.
(b) PARTICIPATION IN RECONCILIATION ACTIVITIES.—Such section is further amended—
(1) by redesignating subsections (i) through (k) as subsections (j) through (l), respectively;
(2) by inserting after subsection (h) the following new subsection (i):
‘‘(i) PARTICIPATION IN RECONCILIATION ACTIVITIES.—Covered
support may only be used to support a reconciliation activity that—
‘‘(1) includes the participation of members of the Government of Afghanistan; and
‘‘(2) does not restrict the participation of women.’’.
(c) EXTENSION.—Subsection (k) of such section, as so redesignated, is amended by striking ‘‘December 31, 2020’’ and inserting
‘‘December 31, 2021’’.
(d) EXCLUSIONS FROM COVERED SUPPORT.—Such section is further amended in paragraph (2)(B) of subsection (l), as so redesignated—
(1) in clause (ii), by inserting ‘‘, reimbursement for travel
or lodging, and stipends or per diem payments’’ before the
period at the end; and
(2) by adding at the end the following new clause:
‘‘(iii) Any activity involving one or more members
of an organization designated as a foreign terrorist
organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or an individual designated as a specially designated global terrorist pursuant to Executive Order 13224 (50 U.S.C.
1701 note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to
commit, or support terrorism).’’.

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SEC. 1214. EXTENSION AND MODIFICATION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM.

Section 1201 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619) is amended—
(1) in subsection (a)—
(A) by striking ‘‘December 31, 2020’’ and inserting
‘‘December 31, 2021’’; and
(B) by striking ‘‘$2,500,000’’ and inserting ‘‘$2,000,000’’;
(2) in subsection (b), by striking the subsection designation
and heading and all that follows through the period at the
end of paragraph (1) and inserting the following:
‘‘(b) QUARTERLY REPORTS.—
‘‘(1) IN GENERAL.—Beginning in fiscal year 2021, not later
than 45 days after the end of each quarter fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the

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134 STAT. 3921

allocation and use of funds during that quarter fiscal year
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes of the program under subsection (a).’’; and
(3) in subsection (f), by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’.

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SEC. 1215. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT
TO AFGHANISTAN.

(a) LIMITATION.—Until the date on which the Secretary of
Defense, in consultation with the Secretary of State and the Director
of National Intelligence, submits to the appropriate congressional
committees the report described in subsection (b), none of the
amounts authorized to be appropriated for fiscal year 2020 or 2021
for the Department of Defense may be obligated or expended for
any activity having either of the following effects:
(1) Reducing the total number of Armed Forces deployed
to Afghanistan below the lesser of—
(A) 4,000; or
(B) the total number of the Armed Forces deployed
as of the date of the enactment of this Act.
(2) Reducing the total number of Armed Forces deployed
to Afghanistan below 2,000.
(b) REPORT.—The report described in this subsection shall
include each of the following:
(1) An assessment of the effect that such a reduction would
have on—
(A) the ongoing United States counterterrorism mission
against the Islamic State, al-Qaeda, and associated forces;
(B) the risk to United States personnel in Afghanistan;
(C) the risk for the expansion of existing or formation
of new international terrorist safe havens inside Afghanistan;
(D) the role of United States allies and partners supporting the United States- and North Atlantic Treaty
Organization-led missions, including international financial
support the Afghan National Defense and Security Forces
require in order to maintain operational capabilities and
combat effectiveness;
(E) United States national security and United States
policy toward achieving an enduring diplomatic solution
in Afghanistan;
(F) the threat posed by the Taliban and other terrorist
organizations in Afghanistan to United States national
security interests and to those of United States allies and
partners;
(G) the capacity of the Afghan National Defense and
Security Forces to effectively—
(i) prevent or defend against attacks by the Taliban
or other terrorist organizations on civilian populations;
(ii) conduct counterterrorism operations necessary
to deny safe harbor to terrorist organizations that the
intelligence community assesses pose a threat to the
United States and United States interests;
(iii) sustain equipment, personnel, and capabilities;
and
(iv) protect the sovereignty of Afghanistan;

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Consultation.

Assessments.

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Plan.

Update.

Time period.

Classified
information.
President.

Determination.

PUBLIC LAW 116–283—JAN. 1, 2021

(H) the influence of Afghanistan’s neighbors and near
neighbors on the sovereignty of Afghanistan and the strategic national security interests of the United States in
the region.
(2) A plan for the orderly transition of all security-related
tasks currently undertaken by the Armed Forces of the United
States and nations contributing troops to the Resolute Support
Mission in support of the Afghan National Defense and Security
Forces to the Government of Afghanistan.
(3) An update on the status of any United States citizens
detained in Afghanistan and an overview of Administration
efforts to secure their release.
(4) An assessment by the intelligence community of the
manner and extent to which state actors have provided any
incentives to the Taliban, their affiliates, or other foreign terrorist organizations for attacks against United States, coalition,
or Afghan security forces or civilians in Afghanistan in the
last 2 years, including the details of any attacks believed to
have been connected with such incentives.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) FORM.—The report described in subsection (b) shall be submitted in unclassified form without any designation relating to
dissemination control, but may contain a classified annex.
(d) WAIVER.—The President may waive the limitation under
subsection (a) if the President submits to the appropriate congressional committees—
(1) a written determination that the waiver is important
to the national security interests of the United States; and
(2) a detailed explanation of how the waiver furthers those
interests.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—The
term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate;
(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the
Senate; and
(3) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of the Senate.

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SEC. 1216. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER
JUDICIAL PROCESS OF CULTURAL OBJECTS.

(a) IN GENERAL.—The Act of October 19, 1965, entitled ‘‘An
Act to render immune from seizure under judicial process certain
objects of cultural significance imported into the United States
for temporary display or exhibition, and for other purposes’’ (22
U.S.C. 2459; 79 Stat. 985) is amended—
(1) in subsection (a)—
(A) by striking ‘‘the temporary exhibition or display
thereof’’ each place it appears and inserting ‘‘temporary
storage, conservation, scientific research, exhibition, or display’’;

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134 STAT. 3923

(B) by striking ‘‘cultural or educational institutions’’
and inserting ‘‘cultural, educational, or religious institutions with the capacity to appropriately curate such object’’;
and
(C) by striking ‘‘any such cultural or educational
institution’’ and inserting ‘‘any such cultural, educational,
or religious institution with the capacity to appropriately
curate such object’’; and
(2) by adding at the end the following:
‘‘(d) For purposes of this section, the terms ‘imported’ and
‘importation’ include a transfer from a mission of a foreign country
located within the United States to a cultural, educational, or
religious institution located within the United States.’’.
(b) AFGHANISTAN.—
(1) IN GENERAL.—A work of art or other object of cultural
significance that is imported into the United States for temporary storage, conservation, scientific research, exhibition, or
display shall be deemed to be immune from seizure under
such Act of October 19, 1965 (22 U.S.C. 2459) (as amended
by subsection (a)), and the provisions of such Act shall apply
in the same manner and to the same extent to such work
or object, if—
(A) the work or object is exported from Afghanistan
with an export permit or license duly issued by the Government of Afghanistan; and
(B)(i) an agreement is entered into between the Government of Afghanistan and the cultural, educational, or religious institution with the capacity to appropriately curate
such object within the United States that specifies the
conditions for such material to be returned to Afghanistan;
or
(ii) the work or object is transferred to a cultural,
educational, or religious institution with the capacity to
appropriately curate such object in the United States in
accordance with an agreement described in clause (i) that
also includes an authorization to transfer such work or
object to other such institutions in the United States.

Definitions.

22 USC 2459
note.

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SEC. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS
WITH TALIBAN OFFICIALS AND AFGHANISTAN’S COMPREHENSIVE PEACE PROCESS.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) GOVERNMENT OF AFGHANISTAN.—The term ‘‘Government
of Afghanistan’’ means the Government of the Islamic Republic
of Afghanistan and its agencies, instrumentalities, and controlled entities.
(3) THE TALIBAN.—The term ‘‘the Taliban’’—
(A) refers to the organization that refers to itself as
the ‘‘Islamic Emirate of Afghanistan’’, that was founded

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Deadlines.
Consultations.
Certification.

President.

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Assessments.

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PUBLIC LAW 116–283—JAN. 1, 2021
by Mohammed Omar, and that is currently led by Mawlawi
Hibatullah Akhundzada; and
(B) includes subordinate organizations, such as the
Haqqani Network, and any successor organization.
(4) FEBRUARY 29 AGREEMENT.—The term ‘‘February 29
Agreement’’ refers to the political arrangement between the
United States and the Taliban titled ‘‘Agreement for Bringing
Peace to Afghanistan Between the Islamic Emirate of Afghanistan which is not recognized by the United States as a state
and is known as the Taliban and the United States of America’’
signed at Doha, Qatar on February 29, 2020.
(b) OVERSIGHT OF PEACE PROCESS AND OTHER AGREEMENTS.—
(1) TRANSMISSION TO CONGRESS OF MATERIALS RELEVANT
TO THE FEBRUARY 29 AGREEMENT.—Not later than January 10,
2021, the Secretary of State, in consultation with the Secretary
of Defense, shall certify to the appropriate congressional
committees that all materials relevant to the February 29
Agreement have been submitted to such committees. If the
Secretary of State cannot so certify because materials relevant
to the February 29 Agreement have not been submitted, the
Secretary of State, in consultation with the Secretary of
Defense, shall submit such materials not later than January
15, 2021.
(2) SUBMISSION TO CONGRESS OF ANY SUBSEQUENT AGREEMENTS INVOLVING THE TALIBAN.—The Secretary of State shall
submit to the appropriate congressional committees, within
5 days of conclusion and on an ongoing basis thereafter, any
agreement or arrangement subsequent to the February 29
Agreement involving the Taliban, as well as materials relevant
to any subsequent agreement or arrangement involving the
Taliban.
(3) DEFINITIONS.—In this subsection, the terms ‘‘materials
relevant to the February 29 Agreement’’ and ‘‘materials relevant
to any subsequent agreement or arrangement’’ include all
annexes, appendices, and instruments for implementation of
the February 29 Agreement or a subsequent agreement or
arrangement, as well as any understandings or expectations
related to the February 29 Agreement or a subsequent agreement or arrangement.
(c) REPORT ON VERIFICATION AND COMPLIANCE.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, and not less frequently than
once every 120 days thereafter, the President shall submit
to the appropriate congressional committees a report verifying
whether the key tenets of the February 29 Agreement, or
subsequent agreements or arrangements, and accompanying
instruments for implementation are being upheld.
(2) ELEMENTS.—Each report required by paragraph (1)
shall include the following:
(A) An assessment of each of the following:
(i) The Taliban’s compliance with the February
29 Agreement, including counterterrorism guarantees
and guarantees to deny safe haven and freedom of
movement to al-Qaeda and other terrorist threats from
operating on territory under its influence.

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134 STAT. 3925

(ii) Whether the United States intelligence community has collected intelligence indicating the Taliban
does not intend to uphold its commitments.
(iii) The current relationship between the Taliban
and al-Qaeda, including an assessment of the relationship between the Haqqani Network and al-Qaeda.
(iv) The relationship between the Taliban and any
other terrorist group that is assessed to threaten the
security of the United States or its allies, including
any change in conduct since February 29, 2020.
(v) The status of intra-Afghan discussions,
including, in the event an intra-Afghan governing
agreement is achieved, an assessment of the sustainability of such agreement.
(vi) The status of human rights, including the
rights of women, minorities, and youth.
(vii) The access of women, minorities, and youth
to education, justice, and economic opportunities in
Afghanistan.
(viii) The status of the rule of law and governance
structures at the central, provincial, and district levels
of government.
(ix) The media and the press and civil society’s
operating space in Afghanistan.
(x) Illicit narcotics production in Afghanistan, its
linkages to terrorism, corruption, and instability, and
policies to counter illicit narcotics flows.
(xi) Any efforts by Iran, China, Russia, or any
other external actor to affect the February 29 Agreement.
(xii) The efforts of the Government of Afghanistan
to fulfill the commitments under the Joint Declaration
between the Islamic Republic of Afghanistan and the
United States of America for Bringing Peace to
Afghanistan, issued on February 29, 2020.
(xiii) The progress made by the Afghanistan Ministry of Interior and the Office of the Attorney General
to address gross violations of human rights by civilian
security forces, the Taliban, and nongovernment armed
groups, including—
(I) an analysis of resources provided by the
Government of Afghanistan for such efforts; and
(II) a summary of assistance provided by the
United States Government to support such efforts.
(B) The number of Taliban and Afghan prisoners and
any plans for the release of such prisoners from either
side.
(C) A detailed overview of Afghan national-level efforts
to promote transitional justice, including forensic efforts
and documentation of war crimes, mass killings, or crimes
against humanity, redress to victims, and reconciliation
activities.
(D) A detailed overview of United States support for
Government of Afghanistan and civil society efforts to promote peace and justice at the local level and the manner
in which such efforts inform government-level policies and
negotiations.

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Assessment.

Analysis.
Summary.

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Classified
information.

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(3) FORM.—Each report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall
prejudice whether a subsequent agreement or arrangement
involving the Taliban constitutes a treaty for purposes of Article
II of the Constitution of the United States.
(e) SUNSET.—Except for subsections (b) and (d), the provisions
of this section shall cease to be effective on the date that is 5
years after the date of the enactment of this Act.
SEC. 1218. STRATEGY FOR POST-CONFLICT ENGAGEMENT ON HUMAN
RIGHTS IN AFGHANISTAN.

Consultation.
Deadline.

(a) IN GENERAL.—The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development and other relevant Federal departments and agencies,
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the
Senate not later than 120 days after a final Afghan Reconciliation
Agreement is reached between the Government of Afghanistan and
the Taliban, a strategy to support the protection and promotion
of basic human rights in Afghanistan, especially the human rights
of women and girls.
(b) REQUIRED ELEMENTS.—The Secretary of State shall seek
to ensure that activities carried out under the strategy—
(1) employ rigorous monitoring and evaluation methodologies, including ex-post evaluation, and gender analysis as
defined by the Women’s Entrepreneurship and Economic
Empowerment Act of 2018 (Public Law 115–428) and required
by the U.S. Strategy on Women, Peace, and Security;
(2) disaggregate all data collected and reported by age,
gender, marital and motherhood status, disability, and
urbanity, to the extent practicable and appropriate; and
(3) advance the principles and objectives specified in the
Policy Guidance on Promoting Gender Equality of the Department of State and the Gender Equality and Female Empowerment Policy of the United States Agency for International
Development.
SEC. 1219. MODIFICATION TO REPORT ON ENHANCING SECURITY AND
STABILITY IN AFGHANISTAN.

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Assessments.
Analysis.

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Section 1225(b) of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113–291; 128 Stat. 3550) is amended by adding at
the end the following:
‘‘(10) CIVILIAN CASUALTIES.—
‘‘(A) An analysis of civilian casualties caused by—
‘‘(i) the Afghan National Defense and Security
Forces; and
‘‘(ii) the Taliban and other terrorist organizations
in Afghanistan.
‘‘(B) A description of current training and advisory
efforts to improve the Government of Afghanistan’s capability to minimize civilian casualties and other harm to
civilians and civilian infrastructure in compliance with the
laws of armed conflict, to include its principles of military
necessity, proportionality, and distinction, and any gaps

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134 STAT. 3927

or weaknesses in Afghanistan’s capability to minimize
civilian casualties and other such harm.
‘‘(C) An assessment of the progress of implementation
of the Government of Afghanistan’s National Civilian Casualty and Mitigation and Prevention Policy.
‘‘(D) An assessment of the Government of Afghanistan’s
capacity and mechanisms to assess and investigate reports
of civilian casualties.
‘‘(11) DISTRICT-LEVEL STABILITY ASSESSMENT.—
‘‘(A) IN GENERAL.—The production of a district-level
stability assessment that displays the level of Government
of Afghanistan versus insurgent control and influence of
districts that the Department of Defense discontinued in
2018, to include district, population, and territorial control
data.
‘‘(B) PUBLIC AVAILABILITY.—The Secretary of Defense
shall make publicly available the assessments and data
relating to the assessments described in subparagraph (A).
‘‘(12) OTHER MATTERS.—Any other matters the Secretary
of Defense determines to be relevant.’’.

Data.

SEC. 1220. REPORT ON OPERATION FREEDOM’S SENTINEL.

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(a) FISCAL YEAR 2021.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report
on Operation Freedom’s Sentinel for fiscal year 2021.
(b) FISCAL YEARS 2022 AND 2023.—To accompany the materials
relating to Operation Freedom’s Sentinel submitted to Congress
by the Secretary of Defense in support of the budget of the President
(as submitted to Congress pursuant to section 1105 of title 31,
United States Code) for fiscal year 2022 and fiscal year 2023,
the Secretary shall submit to the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate a report on Operation Freedom’s Sentinel.
(c) MATTERS TO BE INCLUDED.—The report required by subsection (a) and each report required by subsection (b) shall include
a list and description of activities, exercises, and funding amounts
carried out under the operation, including—
(1) specific direct war costs;
(2) activities that occur in Afghanistan;
(3) activities that occur outside of Afghanistan, including
training and costs relating to personnel;
(4) activities that are funded by any of the services that
are part of the operation’s budget request;
(5) activities related to transportation, logistics, and other
support; and
(6) any other matters the Secretary determines to be relevant.

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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.

10 USC 221 note.

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List.

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(a) IN GENERAL.—Subsection (a) of section 1236 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558)
is amended by striking ‘‘December 31, 2020’’ and inserting
‘‘December 31, 2021’’.
(b) FUNDING.—Subsection (g) of such section is amended—
(1) by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year
2021’’; and
(2) by striking ‘‘$645,000,000’’ and inserting ‘‘$322,500,000’’.
(c) WAIVER AUTHORITY; SCOPE.—Subsection (j)(3) of such section
is amended—
(1) by striking ‘‘congressional defense committees’’ each
place it appears and inserting ‘‘appropriate congressional
committees’’; and
(2) by adding at the end the following:
‘‘(C)
APPROPRIATE
CONGRESSIONAL
COMMITTEES
DEFINED.—In this paragraph, the term ‘appropriate
congressional committees’ means—
‘‘(i) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives; and
‘‘(ii) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate.’’.
(d) REPORT AND BUDGET DETAILS REGARDING OPERATION
INHERENT RESOLVE.—
(1) REPORT REQUIRED.—At the same time as the submission
of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal
year 2022 and each fiscal year thereafter, the Secretary of
Defense shall submit a report with accompanying budgetary
details regarding Operation Inherent Resolve.
(2) ELEMENTS OF REPORT.—At a minimum, the report
required by paragraph (1) shall include—
(A)(i) for the first report, a history of the operation
and its objectives; and
(ii) for each subsequent report, a description of the
operation and its objectives during the prior fiscal year;
(B) a detailed description of the weapons and equipment purchased using the Counter-ISIS Train and Equip
Fund in the prior fiscal year;
(C) a list and description of activities and exercises
carried out under the operation during the prior fiscal
year;
(D) a description of the purpose and goals of such
activities and exercises and an assessment of the degree
to which stated goals were achieved during the prior fiscal
year;

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134 STAT. 3929

(E) a description of criteria used to judge the effectiveness of joint exercises and other efforts to build partner
capacity under the operation during the prior fiscal year;
(F) a description of the forces deployed under the operation, their deployment locations, and activities undertaken;
(G) the information required under paragraph (3); and
(H) any other matters the Secretary determines appropriate.
(3) ELEMENTS OF BUDGETARY DETAILS.—At a minimum,
the budgetary details accompanying the report required by
paragraph (1)—
(A) shall include—
(i) a description of expenditures related to the
operation for the fiscal year preceding the fiscal year
of the budget covered by the report;
(ii) with respect to the amount requested for the
operation in the budget covered by the report—
(I) any significant change in methodology used
to determine the budgetary details included in the
report and the categories used to organize such
details; and
(II) a narrative justification for any significant
changes in the amount requested as compared to
the amount requested and the amount expended
for the fiscal year preceding the fiscal year of
the budget covered by the report; and
(iii) with respect to the estimated direct and
indirect expenditures for the operation in the budget
covered by the report—
(I) detailed information on the estimated direct
expenditures and indirect expenditures broken
down by category (including with respect to operations, force protection, in-theater support, equipment reset and readiness, military construction,
mobilization, incremental and total deployment
costs, and exercises) and any additional accounts
and categories the Secretary determines to be relevant; and
(II) a description of the methodology and
metrics used by the Secretary to define the contribution of indirect costs to the operation or an
explanation of pro-rated amounts based on the
level of support provided to the operation; and
(B) may include a breakdown of expenditures and the
amount requested for the operation in the budget covered
by the report by line item, including with respect to
procurement accounts, military personnel accounts, operation and maintenance accounts, research, development,
test, and evaluation accounts, and military construction
accounts.
(4) FORM.—The report and accompanying budget details
required by paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.
(5) SUNSET.—The requirements of this subsection shall
terminate on the date on which Operation Inherent Resolve
(or a successor operation) concludes.

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PUBLIC LAW 116–283—JAN. 1, 2021
(6) DEFINITIONS.—In this subsection:
(A) The term ‘‘direct expenditures’’ means, with respect
to amounts expended or estimated to be expended for Operation Inherent Resolve, amounts used directly for supporting counter-ISIS activities and missions.
(B) The term ‘‘indirect expenditures’’ means, with
respect to amounts expended or estimated to be expended
for Operation Inherent Resolve, amounts used for programs
or activities that the Secretary of Defense determines
enable the Armed Forces to carry out the operation.

SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.

Deadline.

(a) IN GENERAL.—Section 1209 of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended—
(1) in the section heading, by striking ‘‘THE VETTED SYRIAN
OPPOSITION’’ and inserting ‘‘VETTED SYRIAN GROUPS AND
INDIVIDUALS’’; and
(2) in subsection (a), by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’.
(b) NOTICE BEFORE PROVISION OF ASSISTANCE.—Subsection
(b)(2)(A) of such section is amended—
(1) by striking ‘‘10-percent’’ and inserting ‘‘25-percent’’; and
(2) by striking ‘‘fiscal year 2019 or fiscal year 2020’’ and
inserting ‘‘fiscal year 2019, fiscal year 2020, or fiscal year
2021’’.
(c) CERTIFICATION.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall certify
to the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives that no United States military
forces are being used or have been used for the extraction, transport,
transfer, or sale of oil from Syria.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.

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Plans.

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(a) LIMITATION ON AMOUNT.—Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year 2012
(10 U.S.C. 113 note) is amended—
(1) by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year
2021’’; and
(2) by striking ‘‘$30,000,000’’ and inserting ‘‘$25,000,000’’.
(b) SOURCE OF FUNDS.—Subsection (d) of such section is
amended by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year
2021’’.
(c) LIMITATION ON AVAILABILITY OF FUNDS.—Subsection (h) of
such section is amended to read as follows:
‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amount
made available for fiscal year 2021 to carry out this section, not
more than $15,000,000 may be obligated or expended for the Office
of Security Cooperation in Iraq until the date on which the Secretary
of Defense provides to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate the following:

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‘‘(1) A staffing plan to reorganize the Office in a manner
similar to that of other security cooperation offices in the region
that—
‘‘(A) emphasizes the placement of personnel with
regional or security cooperation expertise in key leadership
positions;
‘‘(B) closes duplicative or extraneous sections;
‘‘(C) includes the number and type of validated billets
funded by the Department of Defense necessary to support
the Office; and
‘‘(D) outlines the process and provides a timeline for
validating billets funded by the Department of State necessary to support the Office.
‘‘(2) A progress report with respect to the initiation of
bilateral engagement with the Government of Iraq with the
objective of establishing a joint mechanism for security assistance planning, including a five-year security assistance
roadmap for developing sustainable military capacity and
capabilities and enabling defense institution building and
reform.
‘‘(3) A plan to transition the preponderance of funding
for the activities of the Office from current sources to the
Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge
Account in future years.’’.

Timeline.

Reports.
Time period.

SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER
FORMS OF SUPPORT TO CERTAIN ORGANIZATIONS.

None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2021 may be used to knowingly provide weapons or
any other form of support to Al Qaeda, the Islamic State of Iraq
and Syria (ISIS), Jabhat Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, Islamic Revolutionary Guard
Corps, or any individual or group affiliated with any such organization.

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SEC. 1225. REPORT AND BUDGET DETAILS REGARDING OPERATION
SPARTAN SHIELD.

(a) REPORT REQUIRED.—At the same time as the submission
of the budget of the President (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) for fiscal year
2022 and each fiscal year thereafter, the Secretary of Defense
shall submit a report with accompanying budgetary details
regarding Operation Spartan Shield.
(b) ELEMENTS OF REPORT.—At a minimum, the report required
by subsection (a) shall include—
(1)(A) for the first report, a history of the operation and
its objectives; and
(B) for each subsequent report, a description of the operation and its objectives during the prior fiscal year;
(2) a list and description of activities and exercises carried
out under the operation during the prior fiscal year;
(3) a description of the purpose and goals of such activities
and exercises and an assessment of the degree to which stated
goals were achieved during the prior fiscal year;

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10 USC 221 note.

List.
Assessment.

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Determination.

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Classified
information.

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(4) a description of criteria used to judge the effectiveness
of joint exercises and other efforts to build partner capacity
under the operation during the prior fiscal year;
(5) a description of the forces deployed under the operation,
their deployment locations, and activities undertaken;
(6) the information required under subsection (c); and
(7) any other matters the Secretary determines appropriate.
(c) ELEMENTS OF BUDGETARY DETAILS.—At a minimum, the
budgetary details accompanying the report required by subsection
(a)—
(1) shall include—
(A) a description of expenditures related to the operation for the fiscal year preceding the fiscal year of the
budget covered by the report;
(B) with respect to the amount requested for the operation in the budget covered by the report—
(i) any significant change in methodology used to
determine the budgetary details included in the report
and the categories used to organize such details; and
(ii) a narrative justification for any significant
changes in the amount requested as compared to the
amount requested and the amount expended for the
fiscal year preceding the fiscal year of the budget covered by the report; and
(C) with respect to the estimated direct and indirect
expenditures for the operation in the budget covered by
the report—
(i) detailed information on the estimated direct
expenditures and indirect expenditures broken down
by category (including with respect to operations, force
protection, in-theater support, equipment reset and
readiness, military construction, mobilization, incremental and total deployment costs, and exercises) and
any additional accounts and categories the Secretary
determines to be relevant; and
(ii) a description of the methodology and metrics
used by the Secretary to define the contribution of
indirect costs to the operation or an explanation of
pro-rated amounts based on the level of support provided to the operation; and
(2) may include a breakdown of expenditures and the
amount requested for the operation in the budget covered by
the report by line item, including with respect to procurement
accounts, military personnel accounts, operation and maintenance accounts, research, development, test, and evaluation
accounts, and military construction accounts.
(d) FORM.—The report and accompanying budget details
required by subsection (a) shall be submitted in unclassified form,
but may include a classified annex.
(e) SUNSET.—The requirements of this section shall terminate
on the date on which Operation Spartan Shield (or a successor
operation) concludes.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘direct expenditures’’ means, with respect
to amounts expended or estimated to be expended for Operation
Spartan Shield, amounts used directly for supporting deterrence
activities and missions.

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134 STAT. 3933

(2) The term ‘‘indirect expenditures’’ means, with respect
to amounts expended or estimated to be expended for Operation
Spartan Shield, amounts used for programs or activities that
the Secretary of Defense determines enable the Armed Forces
to carry out the operation.

Subtitle D—Matters Relating to Russia
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION.

Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488) is amended
by striking ‘‘, 2019, or 2020’’ and inserting ‘‘2019, 2020, or 2021’’.

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SEC. 1232. MATTERS RELATING TO UNITED STATES PARTICIPATION
IN THE OPEN SKIES TREATY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the decision of the United States to withdraw from
the Open Skies Treaty, while taken in accordance with paragraph 2 of Article XV of the Treaty, did not comply with
the requirement in section 1234(a) of the National Defense
Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22
U.S.C. 2593a note) to notify Congress not fewer than 120 days
prior to any such announcement; and
(2) in the future, confidence and security building measures
that are designed to reduce the risk of conflict, increase trust
among participating states, and contribute to military transparency should continue to play a central role in United States’
engagement with Europe and its efforts to promote transatlantic security.
(b) NOTIFICATION REQUIRED.—
(1) IN GENERAL.—Not later than 90 days after withdrawal
of the United States from the Open Skies Treaty pursuant
to Article XV of the Treaty, the Secretary of Defense and
the Secretary of State shall jointly submit to the appropriate
congressional committees—
(A) a notification and description of any agreements
that the United States has concluded with other state
parties to the Treaty that host United States military forces
and assets to ensure that after such withdrawal the United
States will be provided sufficient notice by such state parties of requests for observation flights over the territories
of such state parties under the Treaty; or
(B) if the United States has not concluded any such
agreements described in subparagraph (A), a description
of how the United States will consistently and reliably
be provided with sufficient warning of observation flights
described in subparagraph (A) by other means, including
a description of assets and personnel and policy implications of using such other means.
(2) SUBMISSION OF AGREEMENTS.—Not later than 90 days
after withdrawal of the United States from the Open Skies
Treaty pursuant to Article XV of the Treaty, the Secretary
of Defense and the Secretary of State shall jointly submit

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Records.

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134 STAT. 3934

to the appropriate congressional committees copies of the agreements described in paragraph (1)(A).
(c) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2021, the Secretary of Defense and the Secretary of State, in coordination
with the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security, shall jointly
submit to the appropriate congressional committees a report
on the effects of a withdrawal of the United States from the
Open Skies Treaty.
(2) MATTERS TO BE INCLUDED.—The report required by
paragraph (1) shall include the following:
(A) A description of how the United States will replace
the military-to-military contacts and diplomatic engagement opportunities with United States allies provided by
the Treaty.
(B) A description of—
(i) the options available to the United States for
obtaining unclassified, publicly-releasable imagery
similar to that which it currently receives under the
Treaty, and if any of those options are planned to
be used;
(ii) if national technical means are used as a
replacement to obtain such imagery—
(I) how the requirements previously satisfied
by collection under the Treaty will be prioritized
within the National Intelligence Priorities Framework;
(II) options for mitigating any gaps in collection should such mitigation be necessary, and if
any of those options are planned to be used, and
if none are necessary, an explanation of the
rationale for not mitigating any such gaps; and
(III) requirements and timelines for declassification of imagery for public release; and
(iii) if commercial imagery is used as a replacement
to obtain such imagery—
(I) contractual actions and associated timelines
needed to purchase such imagery;
(II) estimated costs to purchase commercial
imagery equivalent to that which is obtained under
the Treaty; and
(III) estimates of costs to share such imagery
with other state parties to the Treaty.
(C) A description of options available to the United
States for replacing intelligence information, other than
imagery, obtained pursuant to the implementation of the
Treaty, and if any of those options are planned to be
used.
(D) A description of the options available to the United
States for continuing dialogue with Russia in a manner
similar to the formal communications mechanisms provided
for under the Treaty or that were used as confidencebuilding measures, and if any of those options are planned
to be used.
(E) All unedited responses to the questionnaire provided to United States allies by the United States in 2019

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Coordination.

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and all official statements provided to the United States
by United States allies in 2019 or 2020 relating to United
States withdrawal from the Treaty.
(F) An assessment of the impact of such withdrawal
on—
(i) United States leadership in the North Atlantic
Treaty Organization (NATO); and
(ii) cohesion and cooperation among NATO
member states.
(G) A description of options to continue confidencebuilding measures similar to those provided for under the
Treaty with other state parties to the Treaty that are
United States allies and which, if any, the United States
may consider pursuing.
(H) An assessment by the Defense Intelligence Agency
of the impact of such withdrawal on—
(i) its ability to assess Russian military capabilities
and the balance of forces in Europe; and
(ii) the ability of Russia to assess United States
military capabilities in the United States and in
Europe.
(I) A description of the means the United States will
use to influence future decisions regarding certifications
of new sensors, such as synthetic aperture radar sensors,
under the Treaty that could pose additional risk to deployed
United States military forces and assets, and an assessment of their potential effectiveness.
(3) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of
Representatives; and
(C) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) OBSERVATION FLIGHT.—The term ‘‘observation flight’’
has the meaning given such term in Article II of the Open
Skies Treaty.
(3) OPEN SKIES TREATY; TREATY.—The term ‘‘Open Skies
Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies, done
at Helsinki March 24, 1992, and entered into force January
1, 2002.

Assessment.

Assessment.

Assessment.

Classified
information.

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SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
CRIMEA.

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year
2021 for the Department of Defense may be obligated or expended
to implement any activity that recognizes the sovereignty of the
Russian Federation over Crimea.

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Determination.

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Notification.

(b) WAIVER.—The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense—
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits
a notification of the waiver and a justification of the reason
for seeking the waiver to—
(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Assessments.

SEC. 1234. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.

Consultation.
Classified
information.

(a) REPORT REQUIRED.—Not later than June 1 of each year,
the Secretary of Defense, in consultation with the heads of other
relevant Federal agencies, shall submit to the appropriate congressional committees a report, in both classified and unclassified form,
on the security and military strategies and capabilities of the Russian Federation (in this section referred to as ‘‘Russia’’).
(b) MATTERS TO BE INCLUDED.—The report required under
subsection (a) shall include the following:
(1) An assessment of the security priorities and objectives
of Russia, including those priorities and objectives that would
affect the North Atlantic Treaty Organization (NATO), the
Middle East, and the People’s Republic of China.
(2) A description of the goals and factors shaping Russian
security strategy and military strategy, including military
spending and investment priorities and their alignment with
the security priorities and objectives described in paragraph
(1).
(3) A description of developments in Russian military doctrine and training.
(4) An assessment of the force structure of the Russian
military.
(5) An assessment of the force structure and capabilities
of Russian military forces stationed in each of the Arctic,
Kaliningrad, and Crimea, including a description of any changes
to such force structure or capabilities during the one-year period
ending on the date of such report and with a particular
emphasis on the anti-access and area denial capabilities of
such forces.
(6) An assessment of Russian military strategy and objectives for the Arctic region.
(7) A description of the status of testing, production, deployment, and sale or transfer to other states or non-state actors
of cruise missile systems by the Russian Federation.
(8) A description of Russia’s current missile defense
strategy and capabilities, including efforts to develop missile
defense capabilities.
(9) An assessment of the tactics, techniques, and procedures
used by Russia in operations in Ukraine.
(10) An assessment of Russia’s diplomatic, economic, and
intelligence operations in Ukraine.
(11) A summary of all significant Russian military-to-military cooperation with foreign militaries, major training and

Summary.

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134 STAT. 3937

exercises, and foreign military deployments, including listing
for each deployment the estimated number of forces deployed,
the types of capabilities deployed (including any advanced
weapons), the length of deployment as of such date, and, if
known, any military-to-military agreement such as a basing
agreement with the host nation.
(12) An assessment of the proliferation activities of Russia
and Russian entities, as a supplier of materials, technologies,
or expertise relating to nuclear weapons or other weapons
of mass destruction or missile systems.
(13) Developments in Russia’s nuclear program, including
the size and state of Russia’s stockpile, an analysis of the
nuclear strategy and associated doctrine of Russia and of the
capabilities, range, and readiness of all Russian nuclear systems and delivery methods.
(14) A description of Russia’s anti-access and area denial
capabilities.
(15) A description of Russia’s modernization program for
its command, control, communications, computers, intelligence,
surveillance, and reconnaissance program and its applications
for Russia’s precision guided weapons.
(16) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-Russian engagement and cooperation on security matters.
(17) A description of Russia’s asymmetric capabilities,
including its strategy and efforts to develop and deploy electronic warfare, space and counterspace, and cyber warfare
capabilities, including details on the number of malicious cyber
incidents and associated activities against Department of
Defense networks that are known or suspected to have been
conducted or directed by the Government of the Russian Federation.
(18) An assessment of Russia’s hybrid warfare strategy
and capabilities, including—
(A) Russia’s information warfare strategy and capabilities, including the use of misinformation, disinformation,
and propaganda in social and traditional media;
(B) Russia’s financing of political parties, think tanks,
media organizations, and academic institutions;
(C) Russia’s malicious cyber activities;
(D) Russia’s use of coercive economic tools, including
sanctions, market access, and differential pricing, especially
in energy exports; and
(E) Russia’s use of criminal networks and corruption
to achieve political objectives.
(19) An assessment of attempts by Russia, or any foreign
person acting as an agent of or on behalf of Russia, during
the preceding year to knowingly disseminate Russian-supported
disinformation or propaganda, through social media applications or related Internet-based means, to members of the Armed
Forces with probable intent to cause injury to the United States
or advantage the Government of the Russian Federation.
(20) The current state and summary of United States military-to-military cooperation with Russia’s armed forces during
the one-year period ending on the date that is one month
before the date of submission of the report, including a summary of topics discussed.

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Consultation.

Summary.
Time period.

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134 STAT. 3938
Time period.

List.
Notifications.

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PUBLIC LAW 116–283—JAN. 1, 2021

(21) A description of any military-to-military cooperation
planned for the 12-month period beginning on the date of
submission of the report and an assessment by the Secretary
of Defense of the benefits the Department of Defense expects
to gain from such military-to-military cooperation as well as
any concerns regarding such cooperation.
(22) A description of changes to United States policy on
military-to-military contacts with Russia resulting from Russia’s annexation of Crimea.
(23) A description and assessment of efforts by the Russian
Federation and associated agents, entities, and proxies to support or encourage attacks against Armed Forces and personnel
of the United States engaged in named contingency operations
or combat.
(24) Other military and security developments involving
Russia that the Secretary of Defense considers relevant to
United States national security.
(c) NONDUPLICATION.—If any information required under subsection (b) has been included in another report or notification previously submitted to Congress as required by law, the Secretary
of Defense may provide a list of such reports and notifications
at the time of submitting the report required by subsection (a)
in lieu of including such information in the report required by
subsection (a).
(d) PUBLISHING REQUIREMENT.—Upon submission of the report
required under subsection (a) in both classified and unclassified
form, the Secretary of Defense shall publish the unclassified form
on the website of the Department of Defense.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
(f) REPEAL.—Section 1245 of the Carl Levin and Howard P.
‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 128 Stat. 3566) is hereby repealed.
(g) SUNSET.—This section shall terminate on January 31, 2026.

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SEC. 1235. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.

Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
(1) in subsection (c)—
(A) in paragraph (1), by striking ‘‘50 percent of the
funds available for fiscal year 2020 pursuant to subsection
(f)(5)’’ and inserting ‘‘50 percent of the funds available
for fiscal year 2021 pursuant to subsection (f)(6)’’;
(B) in paragraph (2)(B)—
(i) in clause (iv), by striking ‘‘; and’’ at the end
and inserting a semicolon;
(ii) in clause (v), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:

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‘‘(vi) transformation of command and control structures and roles in line with North Atlantic Treaty
Organization principles; and
‘‘(vii) improvement of human resources management, including to support career management
reforms, enhanced social support to military personnel
and their families, and professional military education
systems.’’;
(C) in paragraph (3), by striking ‘‘fiscal year 2020’’
and inserting ‘‘fiscal year 2021’’; and
(D) in paragraph (5) to read as follows:
‘‘(5) LETHAL ASSISTANCE.—Of the funds available for fiscal
year 2021 pursuant to subsection (f)(6), $75,000,000 shall be
available only for lethal assistance described in paragraphs
(2), (3), (11), (12), (13), and (14) of subsection (b).’’;
(2) in subsection (f), by adding at the end the following:
‘‘(6) For fiscal year 2021, $250,000,000.’’; and
(3) in subsection (h), by striking ‘‘December 31, 2022’’ and
inserting ‘‘December 31, 2023’’.

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SEC. 1236. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS
OF MILITARY FORCES OF UKRAINE AND RESOURCE PLAN
FOR SECURITY ASSISTANCE.

Assessments.

(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary
of State shall jointly submit to the appropriate committees of Congress a report on the capability and capacity requirements of the
military forces of the Government of Ukraine, which shall include
the following:
(1) An identification of the capability gaps and capacity
shortfalls of the military of Ukraine, including—
(A) an assessment of the requirements of the Ukrainian
navy to accomplish its assigned missions; and
(B) an assessment of the requirements of the Ukrainian
air force to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the
Government of Ukraine to addressing such capability gaps and
capacity shortfalls.
(3) An assessment of the capability gaps and capacity shortfalls that—
(A) could be addressed in a sufficient and timely
manner by unilateral efforts of the Government of Ukraine;
or
(B) are unlikely to be addressed in a sufficient and
timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity shortfalls described in paragraph (3)(B) that could be addressed
in a sufficient and timely manner by—
(A) the Ukraine Security Assistance Initiative of the
Department of Defense;
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military Sales programs of the Department of State; or
(D) the provision of excess defense articles pursuant
to the requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.).

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Recommendations.

Deadline.

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Time periods.

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(5) An assessment of the human resource requirements
of the Office of Defense Cooperation at the United States
Embassy in Kyiv and any gaps in its capacity to transfer
and facilitate security assistance to Ukraine.
(6) Any recommendations the Secretaries deem appropriate
concerning coordination of security assistance efforts of the
Department of Defense and Department of State with respect
to Ukraine.
(b) RESOURCE PLAN.—Not later than February 15, 2022, the
Secretary of State and Secretary of Defense shall jointly submit
to the appropriate committees of Congress a report on resourcing
United States security assistance with respect to Ukraine, which
shall include the following:
(1) A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the
four succeeding fiscal years to assist Ukraine in meeting the
most critical capability gaps and capacity shortfalls of the military forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the
Department of Defense.
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military Sales programs of the Department of State.
(D) The provision of excess defense articles pursuant
to the requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with milestones,
describing the manner in which the United States will
assist the Government of Ukraine in meeting the requirements described in subsection (a)(1)(A).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance to
the Ukrainian navy, while maintaining interoperability
with United States platforms to the extent feasible.
(C) A plan to prioritize Excess Defense Articles for
the Ukrainian navy to the maximum extent practicable
during the time period described in paragraph (1).
(D) An assessment of the extent to which United States
security assistance to the Ukrainian navy is in the national
security interests of the United States.
(3) With respect to the Ukrainian air force—
(A) a capability development plan, with milestones,
detailing how the United States will assist the Government
of Ukraine in meeting the requirements described in subsection (a)(1)(B);
(B) a plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance to
the Ukrainian air force, while maintaining interoperability
with United States platforms to the extent feasible;
(C) a plan to prioritize excess defense articles for the
Ukraine air force to the maximum extent practicable during
the time period described in paragraph (1);

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(D) an assessment of the extent to which United States
security assistance to the Ukrainian air force is in the
national security interests of the United States.
(4) An assessment of the progress on defense institutional
reforms in Ukraine, including in the Ukrainian navy and air
force, in the time period described in paragraph (1) that will
be essential for—
(A) enabling effective use and sustainment of capabilities developed under security assistance authorities
described in this section;
(B) enhancing the defense of Ukraine’s sovereignty and
territorial integrity;
(C) achieving the Government of Ukraine’s stated goal
of meeting NATO standards; and
(D) allowing Ukraine to achieve its full potential as
a strategic partner of the United States.
(c) FORM.—The report required under subsection (a) and the
resource plan required under subsection (b) shall each be submitted
in a classified form with an unclassified summary.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.

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Classified
information.

SEC. 1237. REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY
AND ETHNICALLY MOTIVATED VIOLENT EXTREMISTS.

Assessments.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
and the Secretary of Defense, with the concurrence of the Secretary
of State and in consultation with the head of any other relevant
Federal department or agency, shall jointly submit to the appropriate committees of Congress a report on Russian Federation support of foreign racially and ethnically motivated violent extremist
groups and networks, including such support—
(1) provided by agents and entities of the Russian Federation acting at the direction or for the benefit of the Government
of the Russian Federation; and
(2) as it relates to undermining stability and security and
fomenting or sustaining conflict.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A list of each foreign racially or ethnically motivated
violent extremist group or network known to meet, or suspected
of meeting, any of the following criteria:
(A) The group or network has been targeted or
recruited by the security services of the Russian Federation.
(B) The group or network has received support
(including training, disinformation or amplification on
social media platforms, financial support, and any other
support) from the Russian Federation or an agent or entity
of the Russian Federation acting at the direction or for
the benefit of the Government of the Russian Federation.

Consultation.

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Criteria.

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(C) The group has leadership or a base of operations
located within the Russian Federation and operates or
maintains a chapter or network of the group outside the
Russian Federation.
(2) For each such group or network—
(A) an overview of the membership, ideology, and
activities;
(B) a description of the leadership, plans, intentions,
and capabilities;
(C) a description of the composition and characteristics,
including an assessment whether and to what extent the
members of the group or network are also part of a military,
security service, or police force;
(D) a description of financing and other forms of material support received from the Russian Federation;
(E) an assessment whether and to what extent the
group or network is engaged in or facilitating military
or paramilitary training;
(F) an assessment of trends and patterns relating to
communications, travel, and training carried out between
such group or network and the Russian Federation; and
(G) an opportunity analysis with respect to mitigating
and disrupting the transnational nexus between such group
or network and the Russian Federation.
(3) An assessment of the manner in which Russian Federation support of such groups or networks aligns with the strategic interests of the Russian Federation with respect to geopolitical competition.
(4) An assessment of the impact and role of such groups
or networks in destabilizing or influencing conflict zones or
regional tensions, including by—
(A) assisting Russian Federation-backed separatist
forces in the Donbas region of Ukraine;
(B) destabilizing security on the Crimean peninsula
of Ukraine;
(C) undermining stability and security in the Balkans;
or
(D) threatening the support for the North Atlantic
Treaty Organization in Southeastern Europe.
(5) A description of any relationship or affiliation between
such groups or networks and ultranationalist or extremist political parties within or outside the Russian Federation, and an
assessment of the manner in which the Russian Federation
may use such a relationship or affiliation to advance the strategic interests of the Russian Federation.
(6) A description of the use by the Russian Federation
of social media platforms to support or amplify the presence
or messaging of such groups or networks outside of the Russian
Federation, and an assessment of efforts by the United States,
partners, and allies to counter such support or amplification.
(7) An assessment of the nature and extent of the threat
that Russian Federation support of such groups or networks
poses to United States counterterrorism efforts and other
national security interests.
(8) Recommendations, consistent with a whole-of-government approach to countering Russian Federation information
warfare and malign influence operations—

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(A) to mitigate the security threat posed by such groups
or networks; or
(B) to reduce or counter Russian Federation support
for such groups or networks.
(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

Classified
information.

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SEC. 1238. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON FOREIGN ELECTION INTERFERENCE.

Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended—
(1) in subsection (a)(2), by inserting ‘‘foreign election interference,’’ before ‘‘transnational organized crime’’;
(2) in subsection (b)—
(A) in paragraph (5), by striking ‘‘or (10)’’ and inserting
‘‘(10), or (13)’’;
(B) in paragraph (11), by striking ‘‘or’’ after the semicolon at the end;
(C) in paragraph (12)—
(i) by striking ‘‘sections’’ and inserting ‘‘section’’;
(ii) by striking ‘‘or (b)(1)’’ and inserting ‘‘or
2914(b)(1)’’; and
(iii) by striking the period at the end and inserting
‘‘; or’’; and
(D) by adding at the end the following new paragraph:
‘‘(13) the identification or location of a foreign person that
knowingly engaged or is engaging in foreign election interference.’’; and
(3) in subsection (k)—
(A) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively;
(B) by inserting after paragraph (2) the following new
paragraphs:
‘‘(3) FOREIGN PERSON.—The term ‘foreign person’ means—
‘‘(A) an individual who is not a United States person;
or
‘‘(B) a foreign entity.
‘‘(4) FOREIGN ELECTION INTERFERENCE.—The term ‘foreign
election interference’ means conduct by a foreign person that—
‘‘(A)(i) violates Federal criminal, voting rights, or campaign finance law; or
‘‘(ii) is performed by any person acting as an agent
of or on behalf of, or in coordination with, a foreign
government or criminal enterprise; and
‘‘(B) includes any covert, fraudulent, deceptive, or
unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the specific intent
to significantly influence voters, undermine public confidence in election processes or institutions, or influence,

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PUBLIC LAW 116–283—JAN. 1, 2021
undermine confidence in, or alter the result or reported
result of, a general or primary Federal, State, or local
election or caucus, including—
‘‘(i) the campaign of a candidate; or
‘‘(ii) a ballot measure, including an amendment,
a bond issue, an initiative, a recall, a referral, or a
referendum.’’; and
(C) in paragraph (10), as so redesignated, in subparagraph (A), by striking ‘‘and’’ after the semicolon and
inserting ‘‘or’’.

Subtitle E—Matters Relating to Europe
and NATO

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22 USC 9525
note.

Deadline.
President.

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SEC. 1241. DETERMINATION AND IMPOSITION OF SANCTIONS WITH
RESPECT TO TURKEY’S ACQUISITION OF THE S–400 AIR
DEFENSE SYSTEM.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
it is in the national security interest of the United States—
(1) to deter aggression against North Atlantic Treaty
Organization (NATO) allies by the Russian Federation or any
other adversary;
(2) to continue to work with NATO allies to ensure they
meet their alliance defense commitments, including through
adequate and efficient investments in national defense;
(3) to work to maintain and strengthen the democratic
institutions and practices of all NATO allies, in accordance
with the goals of Article 2 of the North Atlantic Treaty;
(4) to ensure that Turkey remains a critical NATO ally
and important military partner for the United States, contributing to key NATO and United States missions and providing
support for United States military operations and logistics
needs;
(5) to assist NATO allies in acquiring and deploying
modern, NATO-interoperable military equipment and reducing
their dependence on Russian or former Soviet-era defense articles;
(6) to promote opportunities to strengthen the capacity
of NATO member states to counter Russian malign influence;
and
(7) to enforce fully the Countering America’s Adversaries
Through Sanctions Act (22 U.S.C. 9401 et seq.), including by
imposing sanctions with respect to any person that the President determines knowingly engages in a significant transaction
with a person that is part of, or operates for or on behalf
of, the defense or intelligence sectors of the Government of
the Russian Federation, as described in section 231 of that
Act (22 U.S.C. 9525).
(b) DETERMINATION.—The acquisition by the Government of
Turkey of the S–400 air defense system from the Russian Federation
beginning on July 12, 2019, constitutes a significant transaction
as described in section 231 of the Countering America’s Adversaries
Through Sanctions Act (22 U.S.C. 9525).
(c) IMPOSITION OF SANCTIONS.—Not later than 30 days after
the date of the enactment of this Act, the President shall impose

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five or more of the sanctions described in section 235 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C.
9529) with respect to each person that knowingly engaged in the
acquisition of the S-400 air defense system referred to in subsection
(b).
(d) EXCEPTION RELATING TO IMPORTATION OF GOODS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this section, the authorities and requirements to impose sanctions under this section shall not include the authority or
a requirement to impose sanctions on the importation of goods.
(2) GOOD DEFINED.—In this subsection, the term ‘‘good’’
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(e) TERMINATION.—On and after the date that is one year
after the date on which the President imposes sanctions under
subsection (c) with respect to a person, the President may terminate
the application of such sanctions with respect to that person if
the President submits to the appropriate congressional committees
a certification that—
(1) the Government of Turkey and any person acting on
its behalf no longer possesses the S–400 air defense system
or a successor system;
(2) no S-400 air defense system or successor system is
operated or maintained inside Turkey by nationals of the Russian Federation or persons acting on behalf of the Government
of the Russian Federation or the defense sector of the Russian
Federation; and
(3) the President has received reliable assurances from
the Government of Turkey that the Government of Turkey
will not knowingly engage, or allow any foreign person to
engage on its behalf, in pursuing any activity subject to sanctions under section 231 of the Countering America’s Adversaries
Through Sanctions Act (22 U.S.C. 9525) to reacquire the S400 air defense system or a successor system.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee
on Armed Services of the House of Representatives.

President.
Certification.

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SEC. 1242. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING
TO CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM
PIPELINE PROJECTS.

(a) IN GENERAL.—Subsection (a)(1) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public
Law 116–92; 133 Stat. 2300; 22 U.S.C. 9526 note) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or pipe-laying activities’’ after ‘‘pipelaying’’; and
(B) by striking ‘‘; and’’ and inserting a semicolon;
(2) in subparagraph (B)—
(A) in clause (i)—
(i) by inserting ‘‘, or facilitated selling, leasing,
or providing,’’ after ‘‘provided’’; and

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President.

Determination.
Reports.

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(ii) by striking ‘‘; or’’ and inserting a semicolon;
(B) in clause (ii), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(iii) provided for those vessels underwriting services or insurance or reinsurance necessary or essential
for the completion of such a project;
‘‘(iv) provided services or facilities for technology
upgrades or installation of welding equipment for, or
retrofitting or tethering of, those vessels if the services
or facilities are necessary or essential for the completion of such a project; or
‘‘(v) provided services for the testing, inspection,
or certification necessary or essential for the completion or operation of the Nord Stream 2 pipeline; and’’;
and
(3) by adding at the end the following:
‘‘(C) the consultations carried out pursuant to subsection (i) and describes the nature of the consultations
and any concerns raised by the government of Norway,
Switzerland, the United Kingdom, or any member country
of the European Union.’’.
(b) EXCEPTION.—Subsection (e) of such section is amended by
adding at the end the following:
‘‘(6) EXCEPTION FOR CERTAIN GOVERNMENTS AND GOVERNMENTAL ENTITIES.—Sanctions under this section shall not apply
with respect to—
‘‘(A) the European Union;
‘‘(B) the government of Norway, Switzerland, the
United Kingdom, or any member country of the European
Union; or
‘‘(C) any entity of the European Union or a government
described in subparagraph (B) that is not operating as
a business enterprise.’’.
(c) WAIVER.—Subsection (f) of such section is amended to read
as follows:
‘‘(f) NATIONAL INTEREST WAIVER.—The President may waive
the application of sanctions under this section with respect to
a person if the President—
‘‘(1) determines that the waiver is in the national interests
of the United States; and
‘‘(2) submits to the appropriate congressional committees
a report on the waiver and the reasons for the waiver.’’.
(d) CONSULTATIONS; REPORT.—Such section is further
amended—
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following:
‘‘(i) CONSULTATIONS.—Before imposing sanctions under this section, the Secretary of State shall consult with the relevant governments of Norway, Switzerland, the United Kingdom, and member
countries of the European Union with respect to the imposition
of such sanctions.
‘‘(j) REPORT ON IMPACT OF SANCTIONS.—Not later than one
year after the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, and annually thereafter until all sanctions imposed under
this section have terminated under subsection (h), the Secretary

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of State, in consultation with the Secretary of the Treasury, shall
submit to the appropriate congressional committees a report
detailing the impact of the imposition of sanctions under this section
that includes information on—
‘‘(1) whether the goals of the sanctions have been met;
‘‘(2) the diplomatic impact of the sanctions, including on
relationships with the governments of Norway, Switzerland,
the United Kingdom, and member countries of the European
Union; and
‘‘(3) the economic impact of the sanctions, including the
impact on United States persons.’’.
(e) DEFINITIONS.—Subsection (k) of such section, as redesignated by subsection (b), is further amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
‘‘(5) PIPE-LAYING ACTIVITIES.—The term ‘pipe-laying activities’ means activities that facilitate pipe-laying, including site
preparation, trenching, surveying, placing rocks, backfilling,
stringing, bending, welding, coating, and lowering of pipe.’’.
(f) WIND-DOWN PERIOD.—The President may not impose sanctions with respect to a person identified in the first report submitted
under section 7503(a) of the Protecting Europe’s Energy Security
Act of 2019, as amended by this section, after the date of the
enactment of this Act for operations subject to sanctions by reason
of the amendments made by this section if the President certifies
in that report that the person has, not later than 30 days after
such date of enactment, engaged in good faith efforts to wind
down such operations.

President.
Certification.
Deadline.
22 USC 9526
note.

SEC. 1243. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.

Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is
amended—
(1) in the first sentence, by striking ‘‘December 31, 2021’’
and inserting ‘‘December 31, 2023’’; and
(2) in the second sentence, by striking ‘‘the period beginning
on October 1, 2015, and ending on December 31, 2021’’ and
inserting ‘‘the period beginning on October 1, 2015, and ending
on December 31, 2023’’.

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SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH
ATLANTIC TREATY ORGANIZATION.

It is the sense of Congress that—
(1) the success of the North Atlantic Treaty Organization
(NATO) is critical to achieving United States national security
objectives in Europe and around the world;
(2) NATO remains the strongest and most successful military alliance in the world, founded on a commitment by its
members to uphold the principles of democracy, individual liberty, and the rule of law, and its contributions to the collective
defense are indispensable to the security, prosperity, and
freedom of its members;
(3) the United States reaffirms its ironclad commitment
to NATO as the foundation of transatlantic security and to
uphold its obligations under the North Atlantic Treaty,
including Article 5 of the Treaty;

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PUBLIC LAW 116–283—JAN. 1, 2021
(4) the 2018 National Defense Strategy identifies longterm strategic competition with Russia as a principal priority
and highlights the essential role that a strong NATO alliance
must play in implementing that strategy and addressing shared
security concerns;
(5) the United States should deepen defense cooperation
with non-NATO European partners, reaffirm the open-door
policy of NATO, and encourage security sector cooperation
between NATO and non-NATO defense partners that complements and strengthens collective defense, interoperability,
and allies’ commitment to Article 3 of the North Atlantic Treaty;
(6) bolstering NATO cohesion and enhancing security relationships with non-NATO European partners to counter Russian aggression, including Russia’s use of hybrid warfare tactics
and its willingness to use military power to alter the status
quo, strengthens the United States security interests for the
long-term strategic competition;
(7) the continued prioritization of funding for the European
Deterrence Initiative, including for purposes of strengthening
allied and partner capability and power projection along the
eastern flank of NATO, remains critically important;
(8) the United States and NATO should continue to
cooperate on other major shared challenges, such as the COVID19 pandemic; and
(9) the policy of the United States should be to work
with its NATO and other allies and partners to build permanent
mechanisms to strengthen supply chains, enhance supply chain
security, fill supply chain gaps, and maintain commitments
made at the June 2020 NATO Defense Ministerial, particularly
regarding pandemic response preparations.

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SEC. 1245. LIMITATION ON UNITED STATES FORCE STRUCTURE REDUCTIONS IN GERMANY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Federal Republic of Germany continues to be a
strong ally within the North Atlantic Treaty Organization
(NATO) and a critical ally of the United States;
(2) the presence of the United States Armed Forces in
Germany serves as a strong deterrent to Russian Federation
military aggression and expansion in Europe and as an essential support platform for carrying out vital national security
engagements in the Middle East, Africa, and Afghanistan;
(3) the presence of approximately 34,500 members of the
United States Armed Forces deployed to Germany, and the
ability to increase that level as necessary in response to global
security challenges, is essential to supporting NATO’s operations and its collective deterrence against threats;
(4) reducing the number of members of the United States
Armed Forces in Germany during a time of growing threats
in Europe would constitute a grave strategic mistake that would
undermine United States national security interests and
weaken NATO; and
(5) the United States should continue—
(A) to maintain and strengthen its bilateral relationship with Germany; and

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(B) to maintain a robust military presence in Germany
so as to deter aggression against the United States and
its allies and partners.
(b) LIMITATION.—The Secretary of Defense may not reduce the
total number of members of the Armed Forces serving on active
duty who are stationed in the Federal Republic of Germany below
34,500 until 120 days after the date on which the Secretary, in
consultation with the heads of other relevant Federal departments
and agencies, submits to the appropriate congressional committees
a written assessment that contains the following:
(1) An analysis of whether the reduction in the total
number of Armed Forces serving on active duty who are stationed in Germany would be in the national security interest
of the United States and would not detract from United States
military posture and alignment in the European theater.
(2) An analysis of the impact of such a reduction on the
security of the United States as well as the security of allies
and partners of the United States in Europe.
(3) An analysis of the impact of such a reduction on the
deterrence and defense posture of the North Atlantic Treaty
Organization (NATO).
(4) An analysis of the impact of such a reduction on the
ability of the Armed Forces to execute contingency plans of
the Department of Defense, including ongoing operations
executed by United States Central Command and United States
Africa Command.
(5) An analysis of the impact of such a reduction on military
families or additional costs for relocation of associated infrastructure.
(6) An analysis of the impact of such a reduction on military
training and major military exercises, including on interoperability and joint activities with allies and partners.
(7) A description of the consultations made with United
States allies and partners in Europe, including a description
of the consultations with each member of NATO, regarding
such a reduction.
(8) A description of the capabilities that would be impacted
in Germany and any actions designed to mitigate such a reduction.
(9) A detailed description of the requirements for the
Department of Defense to effectuate any relocation and
redeployment of members of the Armed Forces from Germany
and associated relocation of military families.
(10) A detailed analysis of the impact of the reduction
and redeployment of military capabilities on the ability of the
United States to meet commitments under the North Atlantic
Treaty as well as the ability to support operations in the
Middle East and Africa.
(11) A detailed analysis of the impact of such reduction
and redeployment on the implementation of the National
Defense Strategy and on Joint Force Planning.
(12) A detailed analysis of the cost implications of such
a reduction and redeployment, to include the cost of any associated new facilities to be constructed or existing facilities to
be renovated at the location to which the members of the
Armed Forces are to be moved and stationed and the costs
associated with rotational deployments.

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Assessment.
Analyses.

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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
(d) SUNSET.—The limitation in subsection (b) shall terminate
on September 30, 2021.
SEC. 1246. REPORT ON UNITED STATES MILITARY FORCE POSTURE
IN SOUTHEASTERN EUROPE.
Consultation.

Assessments.

Classified
information.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Commander of United States European Command, shall
submit to the congressional defense committees and the Committee
on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United
States military force posture in the Southeastern Europe region,
including the Eastern Mediterranean and Black Sea.
(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following:
(1) A description and assessment of the strategic significance of Russia’s and China’s military posture and activities
in the region.
(2) A description of the current presence, including the
permanently stationed, rotational, and continuous rotational
presence, and any agreements in place governing United States
Armed Forces in the region.
(3) An assessment of the strategic and operational significance of the Eastern Mediterranean and Black Sea for contingency plans of the Department of Defense.
(4) An assessment of United States military force posture
needs in the region to implement the Department of Defense
Black Sea strategy in accordance with the provisions of the
Report of the Committee on Armed Services of the House
of Representatives to Accompany H.R. 2500 (116th Congress;
House Report 116-120).
(5) An assessment of the value, cost, and feasibility of
increasing permanently stationed or rotational deployments of
the United States Armed Forces in the region, to include assessments of posture in Greece, Romania, Bulgaria, and other relevant locations, and an assessment of available infrastructure
and any infrastructure improvements that would be necessary
to support such an increase.
(c) FORM.—The report required by subsection (a) shall be submitted in a classified form and include an unclassified summary.

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SEC. 1247. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED
ACTION TO ENSURE THE SECURITY OF BALTIC ALLIES.

It is the sense of Congress that—
(1) maintaining the security of the Baltic states of Estonia,
Latvia, and Lithuania is critical to achieving United States
national security objectives;
(2) the Baltic states play a crucial role in strategic efforts
to deter Russia, maintain the collective security of the North
Atlantic Treaty Organization (NATO) alliance, and strengthen
bilateral and multilateral defense; and

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134 STAT. 3951

(3) the United States should continue to pursue efforts
consistent with a comprehensive, multilateral assessment of
the military requirements of the Baltic states focused on security sector assistance, coordination, and planning designed to
ensure the security of the Baltic states and address current
and future security challenges.
SEC. 1248. SENSE OF CONGRESS ON THE ROLE OF THE KOSOVO FORCE
OF THE NORTH ATLANTIC TREATY ORGANIZATION.

It is the sense of Congress that—
(1) the Kosovo Force of the North Atlantic Treaty Organization continues to play an indispensable role in maintaining
security and stability in the Western Balkans, which are the
essential predicates for the success of diplomatic efforts between
Kosovo and Serbia;
(2) the participation of the United States Armed Forces
in the Kosovo Force is foundational to the credibility and success of mission of the Kosovo Force;
(3) with the North Atlantic Treaty Organization allies and
other European partners contributing over 80 percent of the
troops for the mission, the Kosovo Force is a primary example
of the long-term benefits of burden sharing to United States
national security interests; and
(4) together with the allies and partners of the United
States, the United States should—
(A) maintain its commitment to the Kosovo Force;
(B) take all appropriate steps to ensure that the Kosovo
Force has the necessary personnel, capabilities, and
resources to perform its critical mission; and
(C) continue to support the gradual transition of the
Kosovo Security Force to a multi-ethnic army for the
Republic of Kosovo that is interoperable with North
Atlantic Treaty Organization members through an inclusive
and transparent process that—
(i) respects the rights and concerns of all citizens
of Kosovo;
(ii) promotes regional security and stability; and
(iii) supports the aspirations of Kosovo for full
Euro-Atlantic integration.

Subtitle F—Matters Relating to the IndoPacific Region

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SEC. 1251. PACIFIC DETERRENCE INITIATIVE.

(a) IN GENERAL.—The Secretary of Defense shall establish an
initiative, to be known as the ‘‘Pacific Deterrence Initiative’’ (in
this section referred to as the ‘‘Initiative’’), to carry out prioritized
activities to enhance the United States deterrence and defense
posture in the Indo-Pacific region, assure allies and partners, and
increase capability and readiness in the Indo-Pacific region.
(b) PURPOSE.—The Initiative required under subsection (a) shall
carry out the following prioritized activities to improve the design
and posture of the joint force in the Indo-Pacific region, primarily
west of the International Date Line:

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10 USC 113 note.

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Deadline.

Summary.

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Summary.

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(1) Modernize and strengthen the presence of the United
States Armed Forces, including those with advanced capabilities.
(2) Improve logistics and maintenance capabilities and the
pre-positioning of equipment, munitions, fuel, and materiel.
(3) Carry out a program of exercises, training, experimentation, and innovation for the joint force.
(4) Improve infrastructure to enhance the responsiveness
and resiliency of the United States Armed Forces.
(5) Build the defense and security capabilities, capacity,
and cooperation of allies and partners.
(c) FUNDING.—Of the amounts authorized to be appropriated
by this Act for the Department of Defense for fiscal year 2021,
$2,234,958,000 is authorized to be made available to carry out
the Initiative required under subsection (a), as specified in the
funding tables in division D of this Act.
(d) PLAN REQUIRED.—Not later than February 15, 2021, and
annually thereafter, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit
to the congressional defense committees a report on future year
activities and resources for the Initiative that includes the following:
(1) A description of the activities and resources for the
first fiscal year beginning after the date of submission of the
report and the plan for not fewer than the four following
fiscal years, organized by the activities described in paragraphs
(1) through (5) of subsection (b).
(2) A summary of progress made towards achieving the
purposes of the Initiative.
(3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability
to achieve objectives in the region, including through investments in—
(A) active and passive defenses against unmanned
aerial systems and theater cruise, ballistic, and hypersonic
missiles;
(B) advanced long-range precision strike systems;
(C) command, control, communications, computers,
intelligence, surveillance, and reconnaissance systems;
(D) test range capacity, capability, and coordination;
(E) dispersed, resilient, and adaptive basing to support
distributed operations, including expeditionary airfields
and ports;
(F) advanced critical munitions;
(G) pre-positioned forward stocks of fuel, munitions,
equipment, and materiel;
(H) distributed logistics and maintenance capabilities;
(I) strategic mobility assets;
(J) improved interoperability and information sharing
with allies and partners;
(K) information operations capabilities;
(L) bilateral and multilateral military exercises and
training with allies and partners; and
(M) use of security cooperation authorities to further
build partner capacity.
(4) A detailed timeline to achieve the requirements identified under paragraph (3).

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(5) A detailed explanation of any significant modifications
to such requirements, as compared to plans previously submitted under this subsection.
(6) Any other matter, as determined by the Secretary.
(e) BUDGET DISPLAY INFORMATION.—The Secretary shall include
a detailed budget display for the Initiative in the materials of
the Department of Defense in support of the budget of the President
(submitted to Congress pursuant to section 1105 of title 31, United
States Code) for fiscal year 2022 and each fiscal year thereafter
that includes the following information:
(1) The resources necessary for the Initiative to carry out
the activities required under subsection (b) for the applicable
fiscal year and not fewer than the four following fiscal years,
organized by the activities described in paragraphs (1) through
(5) of that subsection.
(2) With respect to procurement accounts—
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(3) With respect to research, development, test, and evaluation accounts—
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(4) With respect to operation and maintenance accounts—
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(5) With respect to military personnel accounts—
(A) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(6) With respect to each project under military construction
accounts (including with respect to unspecified minor military
construction and amounts for planning and design), the country,
location, project title, and project amount by fiscal year.
(7) With respect to the activities described in subsection
(b)—
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(8) With respect to each military service—
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(9) With respect to the amounts described in each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a
comparison between—
(A) the amount in the budget of the President for
the following fiscal year;

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Deadline.

PUBLIC LAW 116–283—JAN. 1, 2021

(B) the amount projected in the previous budget of
the President for the following fiscal year;
(C) a detailed summary of funds obligated for the Initiative during the preceding fiscal year; and
(D) a detailed comparison of funds obligated for the
Initiative during the previous fiscal year to the amount
of funds requested for such fiscal year.
(f) BRIEFINGS REQUIRED.—Not later than March 1, 2021, and
annually thereafter, the Secretary shall provide to the congressional
defense committees a briefing on the budget proposal and programs,
including the budget display information for the applicable fiscal
year required by subsection (e).
(g) REPEAL.—Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1676),
as most recently amended by section 1253 of the John S. McCain
National Defense Authorization Act for fiscal year 2019 (Public
Law 115–232; 132 Stat. 2054), is repealed.
SEC. 1252. EXTENSION AND MODIFICATION OF PROHIBITION ON
COMMERCIAL EXPORT OF CERTAIN COVERED MUNITIONS
ITEMS TO THE HONG KONG POLICE FORCE.

(a) IN GENERAL.—The Act entitled ‘‘An Act to prohibit the
commercial export of covered munitions items to the Hong Kong
Police Force’’, approved November 27, 2019 (Public Law 116–77;
133 Stat. 1173), is amended—
(1) by amending the title to read as follows: ‘‘An Act to
prohibit the commercial export of covered munitions and crime
control items to the Hong Kong Police Force.’’;
(2) in section 1(2)—
(A) by amending the paragraph heading to read as
follows: ‘‘COVERED MUNITIONS AND CRIME CONTROL ITEMS
’’; and
(B) by striking ‘‘covered munitions items’’ and inserting
‘‘covered munitions and crime control items’’;
(3) in section 2—
(A) in the section heading, by striking ‘‘COVERED MUNITIONS ITEMS’’ and inserting ‘‘COVERED MUNITIONS AND
CRIME CONTROL ITEMS’’; and
(B) in subsection (a), by striking ‘‘covered munitions
items’’ and inserting ‘‘covered munitions and crime control
items’’; and
(4) in section 3, by striking ‘‘one year after the date of
the enactment of this Act’’ and inserting ‘‘on December 31,
2021’’.
(b) TECHNICAL CORRECTIONS TO THE HONG KONG AUTONOMY
ACT.—The Hong Kong Autonomy Act of 2020 (Public Law 116–
149; 134 Stat. 663) is amended—
(1) in section 2(10), by striking ‘‘The’’ and inserting ‘‘Except
as otherwise specifically provided, the’’; and
(2) in section 7(b)(7), by inserting ‘‘by any person (as defined
in section 4801(8) of title 50, United States Code)’’ after ‘‘(in
country)’’.

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SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.

(a) TRANSFER AUTHORITY.—Notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may transfer
to the Secretary of State, for use by the United States Agency

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for International Development, amounts to be used for the Bien
Hoa dioxin cleanup in Vietnam.
(b) LIMITATION ON AMOUNT.—Not more than $15,000,000 may
be transferred in fiscal year 2021 under the transfer authority
in subsection (a).
(c) ADDITIONAL TRANSFER AUTHORITY.—The transfer authority
in subsection (a) is in addition to any other transfer authority
available to the Department of Defense.
(d) NOTICE ON EXERCISE OF AUTHORITY.—If the Secretary of
Defense determines to use the transfer authority in subsection
(a), the Secretary shall notify the congressional defense committee
of that determination not later than 30 days before the Secretary
uses the transfer authority.

Determination.
Deadline.

SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR
VIETNAMESE PERSONNEL MISSING IN ACTION.

10 USC 113 note.

(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretary of State, is authorized to carry out a cooperative
program with the Ministry of Defense of Vietnam to assist in
accounting for Vietnamese personnel missing in action.
(b) PURPOSE.—The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary of Defense considers necessary and appropriate.

Coordination.

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SEC. 1255. SENSE OF CONGRESS ON THE UNITED STATES-VIETNAM
DEFENSE RELATIONSHIP.

In commemoration of the 25th anniversary of the normalization
of diplomatic relations between the United States and Vietnam,
Congress—
(1) welcomes the historic progress and achievements in
United States-Vietnam relations over the last 25 years;
(2) commends the commitment of Vietnam to resolve international disputes through peaceful means on the basis of international law;
(3) congratulates Vietnam on its chairmanship of the
Association of Southeast Asian Nations and its election as
a nonpermanent member of the United Nations Security
Council, both of which symbolize the positive leadership role
of Vietnam in regional and global affairs;
(4) affirms the commitment of the United States—
(A) to respect the independence and sovereignty of
Vietnam; and
(B) to establish and promote friendly relations and
to work together on an equal footing for mutual benefit
with Vietnam;
(5) encourages the United States and Vietnam to elevate
their comprehensive partnership to a strategic partnership
based on mutual understanding, shared interests, and a
common desire to promote peace, cooperation, prosperity, and
security in the Indo-Pacific region;

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PUBLIC LAW 116–283—JAN. 1, 2021
(6) affirms the commitment of the United States to continue
to address war legacy issues, including through dioxin remediation, unexploded ordnance removal, accounting for prisoners
of war and soldiers missing in action, and other activities;
and
(7) supports deepening defense cooperation between the
United States and Vietnam, in support of United States
interests and international law, including with respect to maritime security, cybersecurity, counterterrorism, information
sharing, human rights, humanitarian assistance and disaster
relief, military medicine, peacekeeping operations, defense
trade, and other areas.

10 USC 333 note.

Deadline.

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Assessments.

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SEC. 1256. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH
VIETNAM, THAILAND, AND INDONESIA.

(a) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, may establish, using existing
authorities of the Department of Defense, a pilot program in
Vietnam, Thailand, and Indonesia—
(1) to enhance the cyber security, resilience, and readiness
of the military forces of Vietnam, Thailand, and Indonesia;
and
(2) to increase regional cooperation between the United
States and Vietnam, Thailand, and Indonesia on cyber issues.
(b) ELEMENTS.—The activities of the pilot program under subsection (a) shall include the following:
(1) Provision of training to military officers and civilian
officials in the ministries of defense of Vietnam, Thailand,
and Indonesia.
(2) The facilitation of regular dialogues and trainings
among the Department of Defense and the ministries of defense
of Vietnam, Thailand, and Indonesia with respect to the
development of infrastructure to protect against foreign cyber
attacks.
(3) To undertake, as part of cyber cooperation, training
that includes curricula expressly relating to human rights, the
rule of law, and internet freedom.
(c) REPORTS.—
(1) DESIGN OF PILOT PROGRAM.—Not later than June 1,
2021, the Secretary of Defense, with the concurrence of the
Secretary of State, shall submit to the appropriate committees
of Congress a report on the design of the pilot program under
subsection (a).
(2) PROGRESS REPORT.—Not later than December 31, 2021,
and annually thereafter until the date on which the pilot program terminates under subsection (e), the Secretary of Defense,
with the concurrence of the Secretary of State, shall submit
to the appropriate committees of Congress a report on the
pilot program that includes—
(A) a description of the activities conducted and the
results of such activities;
(B) an assessment of reforms relevant to cybersecurity
and technology in enhancing the cyber security, resilience,
and readiness of the military forces of Vietnam, Thailand,
and Indonesia;

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(C) an assessment of the effectiveness of curricula
relating to human rights, the rule of law, and internet
freedom; and
(D) the content and curriculum of any program made
available to participants of such program.
(d) CERTIFICATION.—Not later than 30 days before the date
on which the pilot program under subsection (a) is scheduled to
commence, the Secretary of Defense, with the concurrence of the
Secretary of State, shall submit to the appropriate committees
of Congress a certification indicating whether such program would
credibly enable, enhance, or facilitate violations of internet freedom
or other human rights abuses in Vietnam, Indonesia, or Thailand.
(e) TERMINATION.—The pilot program under subsection (a) shall
terminate on December 31, 2024.
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.

Deadline.

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SEC. 1257. REPORT ON THE COSTS MOST DIRECTLY ASSOCIATED WITH
THE STATIONING OF THE ARMED FORCES IN JAPAN.

(a) IN GENERAL.—Not later than February 1, 2021, the Secretary of State, in consultation with the Secretary of Defense,
shall submit to the appropriate congressional committees a report
on the costs most directly associated with the stationing of United
States forces in Japan that are the subject of the current Special
Measures Agreement negotiations between the United States
Government and the Government of Japan. The report shall
include—
(1) a description of each category of costs, including labor,
utilities, training relocation, and any other categories the Secretary determines appropriate, that are most directly associated
with the stationing of the Armed Forces in Japan;
(2) a detailed description of which of the costs most directly
associated with the stationing of the Armed Forces in Japan
are incurred in Japan and which such costs are incurred outside
of Japan;
(3) a description of each category of contributions made
by the Government of Japan that allay the costs to United
States of stationing the Armed Forces in Japan, as well as
the corresponding description of each category of costs incurred
by the United States Government;
(4) the benefits to United States national security and
regional security derived from the forward presence of the
Armed Forces in Japan;
(5) the impacts to the national security of the United States,
the security of Japan, and peace and stability in the IndoPacific region, if a new Special Measures Agreement is not
reached before March 31, 2021; and
(6) any other matters the Secretary determines appropriate.
(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committee’’
means—

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(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives.

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.
Deadline.

None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the Armed
Forces serving on active duty who are deployed to South Korea
below 28,500 until 90 days after the date on which the Secretary
of Defense certifies to the congressional defense committees the
following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) The Secretary has appropriately consulted with allies
of the United States, including South Korea and Japan,
regarding such a reduction.

50 USC 1522
note.

SEC.

Summary.

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Deadline.

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1259.

IMPLEMENTATION OF GAO RECOMMENDATIONS ON
PREPAREDNESS OF UNITED STATES FORCES TO
COUNTER NORTH KOREAN CHEMICAL AND BIOLOGICAL
WEAPONS.

(a) PLAN REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall develop
a plan to address the recommendations in the U.S. Government
Accountability Office’s report entitled ‘‘Preparedness of U.S.
Forces to Counter North Korean Chemical and Biological
Weapons’’ (GAO–21–104C).
(2) ELEMENTS.—The plan required under paragraph (1)
shall, with respect to each recommendation in the report
described in paragraph (1) that the Secretary of Defense has
implemented or intends to implement, include—
(A) a summary of actions that have been or will be
taken to implement the recommendation; and
(B) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) SUBMISSION TO CONGRESS.—Not later than 1 year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees the plan
required under subsection (a).
(c) DEADLINE FOR IMPLEMENTATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).
(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—
(A) DELAYED IMPLEMENTATION.—The Secretary of
Defense may initiate implementation of a recommendation
in the report described in subsection (a)(1) after the date
specified in paragraph (1) if the Secretary provides the
congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.

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134 STAT. 3959

(B) NONIMPLEMENTATION.—The Secretary of Defense
may decide not to implement a recommendation in the
report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before
the date specified in paragraph (1)—
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretary
plans to take to address the conditions underlying
the recommendation.

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SEC. 1260. STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE
TAIWAN RELATIONS ACT.

Summary.

22 USC 3301
note.

(a) STATEMENT OF POLICY.—It is the policy of the United
States—
(1) that the Taiwan Relations Act (Public Law 96–8; 22
U.S.C. 3301 et seq.) and the Six Assurances provided by the
United States to Taiwan in July 1982 are the foundation for
United States-Taiwan relations;
(2) to fully pursue the deepening of the extensive, close,
and friendly relations of the United States and Taiwan pursuant to the Taiwan Relations Act (Public Law 96–8; 22 U.S.C.
3301 et seq.), the intent of which is to facilitate greater cooperation and the broadening and deepening of United States-Taiwan
relations;
(3) that the Taiwan Relations Act (Public Law 96–8; 22
U.S.C. 3301 et seq.) shall be implemented and executed, consistent with the Six Assurances, to address evolving political,
security, and economic dynamics and circumstances;
(4) that, as set forth in the Taiwan Relations Act (Public
Law 96–8; 22 U.S.C. 3301 et seq.), the United States decision
to establish diplomatic relations with the People’s Republic
of China rests upon the expectation that the future of Taiwan
will be determined by peaceful means, and that any effort
to determine the future of Taiwan by other than peaceful
means, including boycotts and embargoes, is a threat to the
peace and security of the Western Pacific area and of grave
concern to the United States;
(5) that the increasingly coercive and aggressive behavior
of the People’s Republic of China towards Taiwan is contrary
to the expectation of the peaceful resolution of the future of
Taiwan; and
(6) as set forth in the Taiwan Relations Act (Public Law
96–8; 22 U.S.C. 3301 et seq.), to maintain the capacity to
resist any resort to force or other forms of coercion that would
jeopardize the security, or the social or economic system, of
the people on Taiwan.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should continue to support the
development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis
on capabilities that support the asymmetric defense
strategy of Taiwan, including anti-ship, coastal defense,

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PUBLIC LAW 116–283—JAN. 1, 2021
anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence,
surveillance, and reconnaissance, and resilient command
and control capabilities;
(B) ensuring timely review of and response to requests
of Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain a sufficient
self-defense capability;
(D) examining the potential for expanding professional
military education and technical training opportunities in
the United States for military personnel of Taiwan;
(E) increasing exchanges between senior defense officials and general officers of the United States and Taiwan
at the strategic, policy, and functional levels, consistent
with the Taiwan Travel Act (Public Law 115–135; 132
Stat. 341), especially for the purposes of—
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan; and
(F) expanding cooperation in humanitarian assistance
and disaster relief;
(2) the Secretary of State should ensure that any policy
guidance related to United States-Taiwan relations is fully
consistent with the statement of policy set forth in subsection
(a);
(3) the Secretary of Defense should ensure that policy guidance related to United States-Taiwan defense relations is fully
consistent with the statement of policy set forth in subsection
(a); and
(4) the Secretary of State, the Secretary of Defense, and
the heads of other Federal agencies and departments, as appropriate, should issue new guidance as required to carry out
such policy.

SEC. 1260A. ANNUAL BRIEFING ON TAIWAN ARMS SALES.

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Deadline.

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(a) IN GENERAL.—Not later than 45 days after the date of
the enactment of this Act, and annually thereafter, the Secretary
of State, or his or her designee, shall brief the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives on the United States
commitment to supporting Taiwan in maintaining a sufficient selfdefense capability, as required by the Taiwan Relations Act (22
U.S.C. 3301 et seq.) and affirmed in the Asia Reassurance Initiative
Act of 2018 (22 U.S.C. 3301 note).
(b) ELEMENTS.—Each briefing required by subsection (a) shall
include the following:
(1) A description of United States efforts to implement
section 209(b) of the Asia Reassurance Initiative Act of 2018
(22 U.S.C. 3301 note) by conducting regular transfers to Taiwan
of defense articles tailored to meet the existing and likely
future threats from the People’s Republic of China, including
any effort to support Taiwan in the development and integration into its military forces of asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3961

(2) A description of the role of such transfers of defense
articles and services in supporting Taiwan in maintaining the
capabilities, readiness levels, and resourcing necessary to fulfill
and implement Taiwan’s Overall Defense Concept.
(3) A description of—
(A) United States efforts to conduct a regularized
process for consideration of transfers of defense articles
and services to Taiwan; and
(B) any barriers to conducting such a process.
(c) SUNSET.—This section shall cease to have effect on December
31, 2026.
SEC. 1260B. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY
PARTNERSHIP.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Secretary
of Health and Human Services, shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the feasibility of establishing a medical security partnership with the Ministry of Defense of Taiwan that shall include
the following:
(1) The goals and objectives of developing a medical security
partnership on issues related to pandemic preparedness and
control.
(2) A discussion of current and future plans to cooperate
on medical security activities.
(3) An evaluation of the feasibility of cooperating on a
range of activities under the partnership, including—
(A) research and production of vaccines and medicines;
(B) joint conferences with scientists and experts;
(C) collaboration relating to and exchanges of medical
supplies and equipment; and
(D) the use of hospital ships such as the United States
Naval Ship Comfort and United States Naval Ship Mercy.
(4) Any other matters the Secretary of Defense determines
appropriate.

Consultation.

Evaluation.

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SEC. 1260C. ESTABLISHMENT OF CAPABILITIES TO ASSESS THE
DEFENSE TECHNOLOGICAL AND INDUSTRIAL BASES OF
CHINA AND OTHER FOREIGN ADVERSARIES.

(a) ASSESSMENTS.—The Secretary of Defense, in coordination
with the heads of other Federal departments and agencies as appropriate, shall define intelligence and other information requirements,
sources, and organizational responsibilities for assessing the defense
technological and industrial bases of foreign adversaries and conducting comparative analyses of such technological and industrial
bases with respect to their resilience and capacity to support their
strategic objectives. The requirements, sources, and responsibilities
shall include—
(1) examining the competitive military advantages of foreign adversaries, including with respect to regulation, raw
materials, use of energy and other natural resources, education,
labor, and capital accessibility;
(2) assessing relative cost, speed of product development,
age and value of the installed capital base, leadership’s technical competence and agility, nationally-imposed inhibiting
conditions by foreign adversaries, the availability of human

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Evaluation.

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Reports.

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PUBLIC LAW 116–283—JAN. 1, 2021

and material resources, and reliance on the industrial base
of the United States or United States allies and partners;
(3) a temporal evaluation of the competitive strengths and
weaknesses of United States industry, including manufacturing
surge capacity, versus the directed priorities and capabilities
of foreign adversary governments; and
(4) assessing any other issues that the Secretary determines appropriate.
(b) METHODOLOGY.—The Secretary of Defense shall incorporate
inputs pursuant to subsection (a) as part of a methodology to
continuously assess domestic and foreign defense industries, markets, and companies of significance to military and industrial advantage to identify supply chain vulnerabilities.
(c) CONDUCT OF ASSESSMENT WORK BY INDEPENDENT ORGANIZATION.—
(1) AGREEMENT AUTHORIZED.—The Secretary of Defense is
authorized to enter into an agreement with an independent
organization to carry out some of the assessment work required
under subsections (a) and (b).
(2) NOTIFICATION.—If the Secretary enters such an agreement, the Secretary shall, not later than March 15, 2021,
provide to the congressional defense committees a report identifying the organization and describing the scope of work under
the agreement.
(d) REPORTS.—
(1) INITIAL REPORT.—Not later than March 15, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report on efforts to establish the continuous
assessment activity required under subsections (a) and (b),
including a notification if the Secretary engages an independent
organization, pursuant to subsection (c), to prepare the report
described in paragraph (2).
(2) SUBSEQUENT REPORT.—
(A) IN GENERAL.—Not later than August 1, 2021, the
Secretary shall submit to the congressional defense committees a report on the first assessment required under subsections (a) and (b) with respect to the People’s Republic
of China.
(B) ELEMENTS.—The report required by subparagraph
(A) shall include—
(i) the information described in subsection (a);
(ii) any exclusive or dominant supply of military
and civilian material, raw materials, or other goods
(or components thereof) essential to China’s national
security by the United States or United States allies
and partners; and
(iii) the availability of substitutes or alternative
sources for goods identified under clause (ii).
(3) INCLUSION OF INDEPENDENT ORGANIZATION’S ASSESSMENT WORK.—If the Secretary enters into an agreement with
an independent organization under subsection (c), the Secretary
shall include the assessment work carried out by the organization under the agreement without change, but may include
comments with respect to such assessment work.

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134 STAT. 3963

SEC. 1260D. EXTENSION OF ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S
REPUBLIC OF CHINA.

Section 1202(a) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended in the first
sentence by striking ‘‘January 31, 2021’’ and inserting ‘‘January
31, 2022’’.
SEC. 1260E. SENSE OF CONGRESS ON THE AGGRESSION OF THE
GOVERNMENT OF CHINA ALONG THE BORDER WITH
INDIA AND ITS GROWING TERRITORIAL CLAIMS.

It is the sense of Congress that—
(1) continued military aggression by the Government of
China along the border with India is a significant concern;
(2) the Government of China should work with the Government of India toward de-escalating the situation along the
Line of Actual Control through existing diplomatic mechanisms
and refrain from attempting to settle disputes through coercion
or force; and
(3) attempts by the Government of China to advance baseless territorial claims, including those in the South China Sea,
the East China Sea, and with respect to Bhutan, are destabilizing and inconsistent with international law.

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SEC. 1260F. ASSESSMENT OF NATIONAL CYBER STRATEGY TO DETER
CHINA FROM ENGAGING IN INDUSTRIAL ESPIONAGE
AND CYBER THEFT.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the appropriate congressional committees an assessment of the effectiveness
of the National Cyber Strategy to deter industrial espionage and
large-scale cyber theft of intellectual property and personal information conducted by the People’s Republic of China, People’s Republic
of China persons or entities, or persons or entities acting on behalf
of the People’s Republic of China against the United States or
United States persons.
(b) MATTERS TO BE INCLUDED.—The assessment required by
subsection (a) shall include the following:
(1) A discussion of United States interests in preventing
such industrial espionage and cyber theft and the impact on
the United States and its economy from such activities.
(2) A general discussion of—
(A) the criteria used to determine when the United
States Government will seek to deter such industrial espionage and cyber theft; and
(B) the means by which the United States will seek
to deter such industrial espionage and cyber theft, and
demonstrate the credibility of United States resolve to
defend its interests in cyberspace.
(3) An assessment of China’s adherence to previous agreements related to such industrial espionage and cyber theft
with the United States and applicability of international laws,
including known violations.
(4) An assessment of China’s actions to direct proxies,
surrogates, or state-sponsored nongovernmental entities to
engage in such industrial espionage or cyber theft.

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Deadline.
President.

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134 STAT. 3964
Recommendations.

Deadline.
President.
Summaries.

PUBLIC LAW 116–283—JAN. 1, 2021

(5) Recommendations consistent with a whole-of-government approach to countering such industrial espionage and
cyber theft.
(c) UPDATE.—
(1) IN GENERAL.—Not later than 1 year after the date
of the submission of the assessment required by subsection
(a), and biennially thereafter, the President shall submit to
the appropriate congressional committees an update of the
assessment, including—
(A) an update on the effectiveness of the National
Cyber Strategy;
(B) a summary of the lessons learned; and
(C) a summary of any planned changes or recommendations to the effectiveness or implementation of the strategy.
(2) SUNSET.—The requirement to submit the update under
paragraph (1) shall terminate on December 31, 2025.
(d) FORM.—The assessment required by subsection (a) and the
update required by subsection (c) shall be submitted in unclassified
form.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on Intelligence, the Committee on the Judiciary, the Committee on
Energy and Commerce, the Committee on Homeland Security,
the Committee on Oversight and Reform, and the Committee
on Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Government Affairs, and
the Committee on the Judiciary of the Senate.
SEC. 1260G. REPORT ON UNITED FRONT WORK DEPARTMENT.

Consultation.

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Evaluation.

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(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the head of each relevant Federal department and agency,
shall submit to the appropriate congressional committees, an
unclassified report, which may include a classified annex, on the
national security risks posed by the United Front Work Department
of the Chinese Communist Party and affiliated organizations in
the United States and abroad that includes each of the following:
(1) A description of the extent to which the activities of
the United Front Work Department poses a threat to the
national defense and national security of the United States.
(2) An evaluation of how the United Front Work Department’s overseas activities support the Chinese Communist
Party’s strategy and goals abroad.
(3) A description of known United Front Work Department
political influence operations.
(4) The strategy and capabilities of the United States
Government to detect, deter, counter, and disrupt United Front
Work Department influence operations and activities in the

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134 STAT. 3965

United States and other countries, consistent with the protection of the civil rights, civil liberties, and privacy of all Americans; and
(5) An evaluation of the actions the United States Government should consider in response to the activities of the United
Front Work Department in the United States and other countries.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations, the Committee
on Armed Services, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.

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SEC. 1260H. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES
OPERATING IN THE UNITED STATES.

Evaluation.

10 USC 113 note.

(a) DETERMINATION.—The Secretary of Defense shall identify
each entity the Secretary determines, based on the most recent
information available, is operating directly or indirectly in the
United States or any of its territories and possessions, that is
a Chinese military company.
(b) REPORTING AND PUBLICATION.—
(1) ANNUAL REPORT.—Not later than April 15, 2021, and
annually thereafter until December 31, 2030, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a list of each entity identified
pursuant to subsection (a) to be a Chinese military company,
in classified and unclassified forms, and shall include in such
submission, as applicable, an explanation of any entities deleted
from such list with respect to a prior list.
(2) CONCURRENT PUBLICATION.—Concurrent with the
submission of each list described in paragraph (1), the Secretary
shall publish the unclassified portion of such list in the Federal
Register.
(3) ONGOING REVISIONS.—The Secretary shall make additions or deletions to the most recent list submitted under paragraph (1) on an ongoing basis based on the latest information
available.
(c) CONSULTATION.—The Secretary may consult with the head
of any appropriate Federal department or agency in making the
determinations described in subsection (a) and shall transmit a
copy of each list submitted under subsection (b)(1) to the heads
of each appropriate Federal department and agency.
(d) DEFINITIONS.—In this section:
(1) CHINESE MILITARY COMPANY.—The term ‘‘Chinese military company’’—
(A) does not include natural persons; and
(B) means an entity that is—
(i)(I) directly or indirectly owned, controlled, or
beneficially owned by, or in an official or unofficial
capacity acting as an agent of or on behalf of, the
People’s Liberation Army or any other organization

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134 STAT. 3966

PUBLIC LAW 116–283—JAN. 1, 2021
subordinate to the Central Military Commission of the
Chinese Communist Party; or
(II) identified as a military-civil fusion contributor to the Chinese defense industrial base; and
(ii) engaged in providing commercial services,
manufacturing, producing, or exporting.
(2) MILITARY-CIVIL FUSION CONTRIBUTOR.—The term ‘‘military-civil fusion contributor’’ includes any of the following:
(A) Entities knowingly receiving assistance from the
Government of China or the Chinese Communist Party
through science and technology efforts initiated under the
Chinese military industrial planning apparatus.
(B) Entities affiliated with the Chinese Ministry of
Industry and Information Technology, including research
partnerships and projects.
(C) Entities receiving assistance, operational direction
or policy guidance from the State Administration for
Science, Technology and Industry for National Defense.
(D) Any entities or subsidiaries defined as a ‘‘defense
enterprise’’ by the State Council of the People’s Republic
of China.
(E) Entities residing in or affiliated with a militarycivil fusion enterprise zone or receiving assistance from
the Government of China through such enterprise zone.
(F) Entities awarded with receipt of military production
licenses by the Government of China, such as a Weapons
and Equipment Research and Production Unit Classified
Qualification Permit, Weapons and Equipment Research
and Production Certificate, Weapons and Equipment
Quality Management System Certificate, or Equipment
Manufacturing Unit Qualification.
(G) Entities that advertise on national, provincial, and
non-governmental military equipment procurement platforms in the People’s Republic of China.
(H) Any other entities the Secretary determines is
appropriate.
(3) PEOPLE’S LIBERATION ARMY.—The term ‘‘People’s Liberation Army’’ means the land, naval, and air military services,
the People’s Armed Police, the Strategic Support Force, the
Rocket Force, and any other related security element within
the Government of China or the Chinese Communist Party
that the Secretary determines is appropriate.

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SEC. 1260I. REPORT ON DIRECTED USE OF FISHING FLEETS.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Commander of the Office of
Naval Intelligence shall submit to the appropriate congressional
committees an unclassified report on the use of distant-water fishing
fleets by foreign governments as extensions of such countries’ official
maritime security forces, including the manner and extent to which
such fishing fleets are leveraged in support of naval operations
and foreign policy more generally. The report shall also consider
the threats, on a country-by-country basis, posed by such use of
distant-water fishing fleets to—
(1) fishing or other vessels of the United States and partner
countries;

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(2) United States and partner naval and coast guard operations; and
(3) other interests of the United States and partner countries.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For
purposes of this section, the term ‘‘appropriate congressional
committees’’ means—
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee
on Commerce, Science, and Transportation of the Senate; and
(3) the Committee on Foreign Affairs and the Committee
on Energy and Commerce of the House of Representatives.

Subtitle G—Sudan Democratic Transition,
Accountability, and Fiscal Transparency
Act of 2020
SEC. 1261. SHORT TITLE.

This subtitle may be cited as the ‘‘Sudan Democratic Transition,
Accountability, and Fiscal Transparency Act of 2020’’.

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SEC. 1262. DEFINITIONS.

Sudan
Democratic
Transition,
Accountability,
and Fiscal
Transparency Act
of 2020.
22 USC 10001
note.

22 USC 10001.

Except as otherwise provided, in this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House
of Representatives.
(2) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term
‘‘international financial institutions’’ means—
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction and Development;
(J) the Multilateral Investment Guaranty Agency; and
(K) any multilateral financial institution, established
after the date of the enactment of this Act, that could
provide financial assistance to the Government of Sudan.
(3) SOVEREIGNTY COUNCIL.—The term ‘‘Sovereignty
Council’’ means the governing body of Sudan during the transitional period that consists of—
(A) 5 civilians selected by the Forces of Freedom and
Change;
(B) 5 members selected by the Transitional Military
Council; and

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(C) 1 member selected by agreement between the
Forces of Freedom and Change and the Transitional Military Council.
(4) SUDANESE SECURITY AND INTELLIGENCE SERVICES.—The
term ‘‘Sudanese security and intelligence services’’ means—
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan’s Popular Defense Forces and other paramilitary units;
(D) Sudan’s police forces;
(E) the General Intelligence Service, previously known
as the National Intelligence and Security Services; and
(F) related entities, such as Sudan’s Military Industry
Corporation.
(5) TRANSITIONAL PERIOD.—The term ‘‘transitional period’’
means the 39-month period beginning on August 17, 2019 (the
date of the signing of Sudan’s constitutional charter), during
which—
(A) the members of the Sovereignty Council described
in paragraph (3)(B) select a chair of the Council for the
first 21 months of the period; and
(B) the members of the Sovereignty Council described
in paragraph (3)(A) select a chair of the Council for the
remaining 18 months of the period.

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22 USC 10002.

SEC. 1263. STATEMENT OF POLICY.

It is the policy of the United States—
(1) to support a civilian-led political transition in Sudan
that results in a democratic government, which is accountable
to its people, respects and promotes human rights, is at peace
internally and with its neighbors, and can be a partner for
regional stability;
(2) to support the implementation of Sudan’s constitutional
charter for the transitional period; and
(3) to pursue a strategy of calibrated engagement with
Sudan that includes—
(A) facilitating an environment for free, fair, and credible democratic elections and a pluralistic and representative political system;
(B) supporting reforms that improve transparency and
accountability, remove restrictions on civil and political
liberties, and strengthen the protection of human rights,
including religious freedom;
(C) strengthening civilian institutions, judicial
independence, and the rule of law;
(D) empowering civil society and independent media;
(E) promoting national reconciliation and enabling a
just, comprehensive, and sustainable peace;
(F) promoting the role of women in government, the
economy, and society, in recognition of the seminal role
that women played in the social movement that ousted
former president Omar al-Bashir;
(G) promoting accountability for genocide, war crimes,
crimes against humanity, and sexual and gender-based
violence;
(H) encouraging the development of civilian oversight
over and professionalization of the Sudanese security and

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intelligence services and strengthening accountability for
human rights violations and abuses, corruption, or other
abuses of power;
(I) promoting economic reform, private sector engagement, and inclusive economic development while combating
corruption and illicit economic activity, including that
which involves the Sudanese security and intelligence services;
(J) securing unfettered humanitarian access across all
regions of Sudan;
(K) supporting improved development outcomes,
domestic resource mobilization, and catalyzing marketbased solutions to improve access to health, education,
water and sanitation, and livelihoods; and
(L) promoting responsible international and regional
engagement.

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SEC. 1264. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW,
HUMAN RIGHTS, AND FUNDAMENTAL FREEDOMS.

22 USC 10003.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the political transition in Sudan, following several months of popular protests against the regime of Omar al-Bashir, represents
an opportunity for the United States to support democracy, good
governance, rule of law, human rights, and fundamental freedoms
in Sudan.
(b) IN GENERAL.—Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.)—
(1) to provide for democracy and governance programs that
strengthen and build the capacity of representative civilian
government institutions, political parties, and civil society in
Sudan;
(2) to support the organization of free, fair, and credible
elections in Sudan;
(3) to provide technical support for legal and policy reforms
that improve transparency and accountability and protect
human rights, including religious freedom, and civil liberties
in Sudan;
(4) to support human rights and fundamental freedoms
in Sudan, including the freedoms of—
(A) religion or belief;
(B) expression, including for members of the press;
(C) assembly; and
(D) association;
(5) to support measures to improve and increase women’s
participation in the political, economic, and social sectors of
Sudan; and
(6) to support other related democracy, good governance,
rule of law, and fundamental freedom programs and activities.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated to carry out part I and chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022,

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$20,000,000 is authorized to be appropriated for each such fiscal
year to carry out this section.
22 USC 10004.

SEC. 1265. SUPPORT FOR DEVELOPMENT PROGRAMS.

(a) IN GENERAL.—Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.) and under the Better Utilization of Investments
Leading to Development Act of 2018 (22 U.S.C. 9601 et seq.) for
programs in Sudan—
(1) to increase agricultural and livestock productivity;
(2) to promote economic growth, increase private sector
productivity and advance market-based solutions to address
development challenges;
(3) to support women’s economic empowerment and economic opportunities for youth and previously marginalized
populations;
(4) to improve equal access to quality basic education;
(5) to support the capacity of universities to equip students
to participate in a pluralistic and global society through virtual
exchange and other programs;
(6) to improve access to water, sanitation, and hygiene
projects;
(7) to build the capacity of national and subnational government officials to support the transparent management of public
resources, promote good governance through combating corruption and improving accountability, increase economic productivity, and increase domestic resource mobilization; and
(8) to support other related economic assistance programs
and activities.
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated to carry out part I and chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022,
$80,000,000 is authorized to be appropriated for each such fiscal
year to carry out this section.

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22 USC 10005.

SEC. 1266. SUPPORT FOR CONFLICT MITIGATION.

(a) IN GENERAL.—Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapters 4, 5, and
6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq., 2346 et seq., and 2348 et seq.)—
(1) to support long-term peace and stability in Sudan by
promoting national reconciliation and enabling a just, comprehensive, and sustainable peace, especially in regions that
have been underdeveloped or affected by war, such as the
states of Darfur, South Kordofan, Blue Nile, Red Sea, and
Kassala;
(2) to support civil society and other organizations working
to address conflict prevention, mitigation, and resolution
mechanisms and people-to-people reconciliation in Sudan, especially those addressing issues of marginalization and vulnerable
groups, equal protection under the law, natural resource

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management, compensation and restoration of property, voluntary return, and sustainable solutions for displaced persons
and refugees;
(3) to strengthen civilian oversight of the Sudanese security
and intelligence services and ensure that such services are
not contributing to the perpetuation of conflict in Sudan and
to the limitation of the civil liberties of all people in Sudan;
(4) to assist in the human rights vetting and professional
training of security force personnel due to be employed or
deployed by the Sudanese security and intelligence services
in regions that have been underdeveloped or affected by war,
such as the states of Darfur, South Kordofan, Blue Nile, Red
Sea, and Kassala, including members of any security forces
being established pursuant to a peace agreement relating to
such regions;
(5) to support provisions of the Comprehensive Peace Agreement of 2005 and Abyei protocol, as appropriate, unless otherwise superseded by a new agreement signed in good faith—
(A) between stakeholders in this region and the
Governments of Sudan and South Sudan to hold a free,
fair, and credible referendum on the status of Abyei; and
(B) between stakeholders in this region and the
Government of Sudan to support popular consultations on
the status of the states of South Kordofan and Blue Nile;
and
(6) to support other related conflict mitigation programs
and activities.
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated to carry out part I and chapters
4 and 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) for fiscal
years 2021 and 2022, $20,000,000 is authorized to be appropriated
for each such fiscal year to carry out this section.

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SEC. 1267. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES
AGAINST HUMANITY, AND GENOCIDE IN SUDAN.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary of State should conduct robust diplomatic engagement
to promote accountability and provide technical support to ensure
that credible, transparent, and independent investigations of gross
violations of human rights perpetrated by the Government of Sudan
under former President Omar al-Bashir and the Transitional Military Council since June 30, 1989.
(b) IN GENERAL.—Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 and
the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.)—
(1) to build the capacity of civilian investigators within
and outside of Sudan on how to document, investigate, develop
findings of, identify, and locate those responsible for war crimes,
crimes against humanity, or genocide in Sudan;
(2) to collect, document, and protect evidence of war crimes,
crimes against humanity, and genocide in Sudan and preserve
the chain of custody for such evidence, including by providing

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22 USC 10006.

President.

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support for Sudanese, foreign, and international nongovernmental organizations, and other entities engaged in such investigative activities;
(3) to build Sudan’s judicial capacity to support prosecutions in domestic courts and support investigations by hybrid
or international courts as appropriate;
(4) to protect witnesses who participate in court proceedings
or other transitional justice mechanisms; and
(5) to support other related conflict mitigation programs
and activities.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated to carry out part I and chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022,
$10,000,000 is authorized to be appropriated for each such fiscal
year to carry out this section.
President.
22 USC 10007.
Determination.

SEC. 1268. SUSPENSION OF ASSISTANCE.

22 USC 10008.

SEC. 1269. MULTILATERAL ASSISTANCE.

(a) IN GENERAL.—The President is authorized to suspend the
provision of assistance authorized under section 1264, 1265, 1266,
or 1267 to the Government of Sudan if the President determines
that conditions in Sudan or the composition of the Government
of Sudan changes such that it is no longer in the United States
national interest to continue to provide such assistance.
(b) REPORT.—Not later than 30 days after making a determination under subsection (a), the President shall submit to the appropriate congressional committees a report that describes—
(1) the political and security conditions in Sudan that led
to such determination; and
(2) any planned diplomatic engagement to restart the provision of such assistance.
(a) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) Sudan’s economic challenges are a legacy of decades
of kleptocracy, economic mismanagement, and war;
(2) Sudan’s economic recovery will depend on—
(A) combating corruption and illicit economic activity;
(B) ending internal conflicts in the states of Darfur,
South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and development; and
(3) the COVID–19 outbreak constitutes a grave danger
to Sudan’s economic stability, public health, and food security
and jeopardizes the transition to a civilian-led government that
promotes the democratic aspirations of the Sudanese people.
(b) RESPONDING TO THE COVID–19 OUTBREAK.—During the
transitional period, and notwithstanding any other provision of
law, the Secretary of the Treasury may instruct the United States
Executive Director at each international financial institution to
use the voice and vote of the United States to support loans or
other utilization of the funds of the respective institution for Sudan
for the purpose of addressing basic human needs, responding to
the COVID–19 outbreak and its impact on the country’s economic
stability, or promoting democracy, governance, or public financial
management in Sudan.

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134 STAT. 3973

(c) DEBT RELIEF.—Upon the removal of Sudan from the State
Sponsors of Terrorism List, and once the Sovereignty Council is
chaired by a civilian leader, the Secretary of the Treasury and
the Secretary of State should engage with international financial
institutions and other bilateral official creditors to advance agreement through the Heavily Indebted Poor Countries (HIPC) Initiative
to restructure, reschedule, or cancel the sovereign debt of Sudan.
(d) REPORTING REQUIREMENT.—Not later than 3 months after
the date of the enactment of this Act, and not less frequently
than once every 6 months thereafter during the transitional period,
the Secretary of the Treasury, in consultation with the Secretary
of State, shall report to the appropriate congressional committees
regarding the extent to which the transitional government of Sudan
has taken demonstrable steps to strengthen governance and
improve fiscal transparency, including—
(1) establishing civilian control over the finances and assets
of the Sudanese security and intelligence services;
(2) developing a transparent budget that accounts for all
expenditures related to the security and intelligence services;
(3) identifying the shareholdings in all public and private
companies not exclusively dedicated to the national defense
held or managed by the security and intelligence services, and
publicly disclosing, evaluating, and transferring all such
shareholdings to the Ministry of Finance of the Government
of Sudan or to any specialized entity of the Government of
Sudan established under law for this purpose, which is ultimately accountable to a civilian authority;
(4) ceasing the involvement of the security and intelligence
services officials, and their immediate family members, in the
illicit trade in mineral resources, including petroleum and gold;
(5) implementing a publicly transparent methodology for
the Government of Sudan to recover, evaluate, hold, manage,
or divest any state assets and the profits derived from the
assets that may have been transferred to the National Congress
Party, an affiliate of the National Congress Party, or an official
of the National Congress Party in the individual capacity of
such an official;
(6) identifying and monitoring the nature and purpose of
offshore financial resources controlled by the security and intelligence services; and
(7) strengthening banking regulation and supervision and
addressing anti-money laundering and counter-terrorism
financing deficiencies.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—Notwithstanding section 1262, in this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) Committee on Foreign Affairs of the House of Representatives;
(4) the Committee on Appropriations of the House of Representatives; and
(5) the Committee on Financial Services of the House of
Representatives.

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Deadline.
Time period.
Consultation.

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22 USC 10009.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1270. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN
FROM THE SUDANESE PEOPLE.

The Secretary of State, in coordination with the Secretary of
the Treasury and the Attorney General, shall seek to advance
the efforts of the Government of Sudan to recover assets stolen
from the Sudanese people, including with regard to international
efforts—
(1) to identify and track assets taken from the people
and institutions of Sudan through theft, corruption, money
laundering, or other illicit means; and
(2) with respect to assets identified pursuant to paragraph
(1), to work with foreign governments and international
organizations—
(A) to share financial investigations intelligence, as
appropriate;
(B) to oversee and manage the assets identified pursuant to paragraph (1);
(C) to advance civil forfeiture litigation, as appropriate,
including providing technical assistance to help governments establish the necessary legal framework to carry
out asset forfeitures; and
(D) to work with the Government of Sudan to ensure
that a credible mechanism is established to ensure that
any recovered assets are managed in a transparent and
accountable fashion and ultimately used for the benefit
of the Sudanese people, provided that—
(i) returned assets are not used for partisan political purposes; and
(ii) there are robust financial management and
oversight measures to safeguard repatriated assets.
President.
Certifications.
22 USC 10010.

Deadline.

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SEC. 1270A. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY
AND INTELLIGENCE SERVICES.

(a) IN GENERAL.—The President may not provide assistance
(other than assistance authorized under section 1266) to the Sudanese security and intelligence services until the President submits
to Congress a certification that the Government of Sudan has
met the conditions described in subsection (c).
(b) EXCEPTION; WAIVER.—
(1) EXCEPTION.—The Secretary of State may, as appropriate
and notwithstanding any other provision of law, provide assistance for the purpose of professionalizing the Sudanese security
and intelligence services, through institutions such as the Africa
Center for Strategic Studies and the United States Institute
of Peace.
(2) WAIVER.—The President may waive the limitation on
the provision of assistance under subsection (a) if, not later
than 30 days before the assistance is to be provided, the President submits to the appropriate congressional committees—
(A) a list of the activities and participants to which
such waiver would apply;
(B) a justification that the waiver is in the national
security interest of the United States; and
(C) a certification that the participants have met the
requirements of either section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) for programs funded
through Department of State appropriations or section 362

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of title 10, United States Code, for programs funded
through Department of Defense appropriations.
(c) CONDITIONS.—
(1) IN GENERAL.—The conditions described in this subsection are that the Sudanese security and intelligence services—
(A) have demonstrated progress in undertaking security sector reform, including reforms that professionalize
such security and intelligence services, improve transparency, and reforms to the laws governing the Sudanese
security forces, such as of the National Security Act, 2010
and the Armed Forces Act, 2007;
(B) support efforts to respect human rights, including
religious freedom, and hold accountable any members of
such security and intelligence services responsible for
human rights violations and abuses, including by taking
demonstrable steps to cooperate with local or international
mechanisms of accountability, to ensure that those responsible for war crimes, crimes against humanity, and genocide
committed in Sudan are brought to justice;
(C) are under civilian oversight, subject to the rule
of law, and are not undertaking actions to undermine a
civilian-led transitional government or an elected civilian
government;
(D) have refrained from targeted attacks against religious or ethnic minority groups, have negotiated in good
faith during the peace process and constructively participated in the implementation of any resulting peace agreements, and do not impede inclusive political participation;
(E) allow unfettered humanitarian access by United
Nations organizations and specialized agencies and
domestic and international humanitarian organizations to
civilian populations in conflict-affected areas;
(F) cooperate with the United Nations High Commissioner for Refugees and organizations affiliated with the
United Nations to allow for the protection of displaced
persons and the safe, voluntary, sustainable, and dignified
return of refugees and internally displaced persons; and
(G) take constructive steps to investigate all reports
of unlawful recruitment of children by Sudanese security
forces and prosecute those found to be responsible.
(2) FORM.—The certification described in subsection (a) containing the conditions described in paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) SUNSET.—This section shall terminate on the date that
is the earlier of—
(1) the date that is 2 years after the date of the enactment
of this Act; or
(2) the date on which the President determines that a
successful rotation of military to civilian leadership in the Sovereignty Council has occurred.

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SEC. 1270B. REPORTS.

(a) REPORT ON ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES.—
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter for 2 years, the President shall submit
a report to the appropriate congressional committees that—

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Classified
information.

Determination.

President.
22 USC 10011.
Time period.

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Update.

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PUBLIC LAW 116–283—JAN. 1, 2021

(1) summarizes reports of gross violations of human rights,
including sexual and gender-based violence, committed against
civilians in Sudan, including members of the Sudanese security
and intelligence services or any associated militias, between
December 2018 and the date of the submission of the report;
(2) provides an update on any potential transitional justice
mechanisms in Sudan to investigate, charge, and prosecute
alleged perpetrators of gross violations of human rights in
Sudan since June 30, 1989, including with respect to the June
3, 2019 massacre in Khartoum;
(3) provides an analysis of whether the gross violations
of human rights summarized pursuant to paragraph (1) amount
to war crimes, crimes against humanity, or genocide; and
(4) identifies specific cases since the beginning of the transitional period in which members of the Sudanese security and
intelligence services have been charged and prosecuted for
actions that constitute gross violations of human rights perpetrated since June 30, 1989.
(b) REPORT ON CERTAIN ACTIVITIES AND FINANCES OF SENIOR
OFFICIALS OF THE GOVERNMENT OF SUDAN.—Not later than 180
days after the date of the enactment of this Act, and 1 year thereafter, the President shall submit a report to the appropriate congressional committees that—
(1) describes the actions and involvement of any previous
or current senior officials of the Government of Sudan since
the establishment of the transitional government in August
2019 in—
(A) directing, carrying out, or overseeing gross violations of human rights;
(B) directing, carrying out, or overseeing the unlawful
use or recruitment of children by armed groups or armed
forces in the context of conflicts in Sudan, Libya, Yemen,
or other countries;
(C) directing, carrying out, or colluding in significant
acts of corruption;
(D) directing, carrying out, or overseeing any efforts
to circumvent the establishment of civilian control over
the finances and assets of the Sudanese security and intelligence services; or
(E) facilitating, supporting, or financing terrorist
activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial institutions,
including offshore financial institutions, in which senior officials
of the Government of Sudan whose actions are described in
paragraph (1) hold significant assets, and provides an estimate
of the value of such assets;
(3) identifies any information United States Government
agencies have obtained since August 2019 regarding persons,
foreign governments, and Sudanese or foreign financial institutions that knowingly facilitate, finance, or otherwise benefit
from corruption or illicit economic activity in Sudan, including
the export of mineral resources, and, in particular, if that
trade is violating any United States restrictions that remain
in place by legislation or Executive order;
(4) identifies any information United States Government
agencies have obtained since August 2019 regarding senior
officials of the Government of Sudan who are personally

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involved in the illicit trade in mineral resources, including
petroleum and gold; and
(5) identifies any information United States Government
agencies have obtained since August 2019 regarding individuals
or foreign governments that have provided funds to individual
members of the Sovereignty Council or the Cabinet outside
of the Central Bank of Sudan or the Ministry of Finance.
(c) REPORT ON SANCTIONS PURSUANT TO EXECUTIVE ORDER
NO. 13400.—Not later than 180 days after the date of the enactment
of this Act, the President shall submit a report to the appropriate
congressional committees that identifies the senior Sudanese
government officials that President determines meet the criteria
to be sanctionable pursuant to Executive Order No. 13400 (71
Fed. Reg. 25483; relating to blocking property of persons in connection with the conflict in Sudan’s Darfur region).
(d) FORM.—The reports required under subsections (b) and
(c) shall be submitted in unclassified form, but may include a
classified annex.

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SEC. 1270C. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIANLED GOVERNMENT IN SUDAN.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, shall
submit a strategy to the appropriate congressional committees that
includes—
(1) a clear articulation of specific United States goals and
objectives with respect to a successful completion of the transitional period and a plan to achieve such goals and objectives;
(2) a description of assistance and diplomatic engagement
to support a civilian-led government in Sudan for the remainder
of the transitional period, including any possible support for
the organization of free, fair, and credible elections;
(3) an assessment of the legal and policy reforms that
have been and need to be taken by the government in Sudan
during the transitional period in order to promote—
(A) human rights;
(B) freedom of religion, speech, press, assembly, and
association; and
(C) accountability for human rights abuses, including
for sexual and gender-based violence perpetrated by members of the Sudanese security and intelligence services;
(4) a description of efforts to address the legal and policy
reforms mentioned in paragraph (3);
(5) a description of humanitarian and development assistance to Sudan and a plan for coordinating such assistance
with international donors, regional partners, and local partners;
(6) a description of monitoring and evaluation plans for
all forms of assistance to be provided under the strategy in
accordance with the monitoring and evaluation requirements
of section 4 of the Foreign Aid Transparency and Accountability
Act of 2016 (Public Law 114–191), including a detailed description of all associated goals and benchmarks for measuring
impact; and
(7) an assessment of security sector reforms undertaken
by the Government of Sudan, including efforts to demobilize

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information.

Coordination.
22 USC 10012.

Assessment.

Assessment.

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or integrate militias and to foster civilian control of the armed
services.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and the Secretary of the Treasury, shall submit a
report to the appropriate congressional committees that includes—
(1) a detailed description of the efforts taken to implement
this subtitle; and
(2) recommendations for legislative or administrative measures to facilitate the implementation of this subtitle.
SEC. 1270D. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006.

Section 8(c)(1) of the Darfur Peace and Accountability Act of
2006 (Public Law 109–344; 50 U.S.C. 1701 note) is amended by
striking ‘‘Southern Sudan,’’ and all that following through ‘‘Khartoum,’’ and inserting ‘‘Sudan’’.
SEC. 1270E. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE
PEACE IN SUDAN ACT.

(a) SUDAN PEACE ACT.—Effective January 1, 2020, the Sudan
Peace Act (Public Law 107–245; 50 U.S.C. 1701 note) is repealed.
(b) COMPREHENSIVE PEACE IN SUDAN ACT.—Effective January
1, 2020, the Comprehensive Peace in Sudan Act of 2004 (Public
Law 108–497; 50 U.S.C. 1701 note) is repealed.
United StatesIsrael Security
Assistance
Authorization
Act of 2020.
22 USC 2151
note.

Subtitle H—United States Israel Security
Assistance Authorization Act of 2020
SEC. 1271. SHORT TITLE.

This subtitle may be cited as the ‘‘United States-Israel Security
Assistance Authorization Act of 2020’’.

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SEC. 1272. SENSE OF CONGRESS ON UNITED STATES-ISRAEL RELATIONSHIP.

It is the sense of Congress that—
(1) the strong and enduring relationship between the
United States and Israel is in the national security interests
of both countries;
(2) the United States should continue to provide assistance
to the Government of Israel for the development and acquisition
of the advanced capabilities that Israel requires to meet its
security needs and to enhance United States capabilities;
(3) such assistance is critical as Israel confronts a number
of security challenges, including continuing threats from Iran;
(4) the memorandum of understanding signed by the United
States and Israel on September 14, 2016, including the provisions of the memorandum relating to missile and rocket defense
cooperation, continues to be a critical component of the bilateral
relationship; and
(5) science and technology innovations present promising
new opportunities for future United States-Israel economic and
security cooperation.

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134 STAT. 3979

SEC. 1273. SECURITY ASSISTANCE FOR ISRAEL.

Section 513(c) of the Security Assistance Act of 2000 (Public
Law 106–280; 114 Stat. 856) is amended—
(1) in paragraph (1), by striking ‘‘2002 and 2003’’ and
inserting ‘‘2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028’’;
and
(2) in paragraph (2), by striking ‘‘equal to—’’ and all that
follows and inserting ‘‘not less than $3,300,000,000.’’.
SEC. 1274. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

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(a) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005.—
Section 12001(d) of the Department of Defense Appropriations Act,
2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking
‘‘September 30, 2020’’ and inserting ‘‘after September 30, 2025’’.
(b) FOREIGN ASSISTANCE ACT OF 1961.—Section 514(b)(2)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A))
is amended by striking ‘‘2013, 2014, 2015, 2016, 2017, 2018, 2019,
and 2020’’ and inserting ‘‘2021, 2022, 2023, 2024, and 2025’’.

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SEC. 1275. RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED
MUNITIONS TO ISRAEL ABOVE THE ANNUAL RESTRICTION.

22 USC 2321h
note.

(a) IN GENERAL.—Notwithstanding section 514(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections (b) and (c) of this section, the President, acting through
the Secretary of Defense and with the concurrence of the Secretary
of State, is authorized to transfer to Israel precision-guided munitions from reserve stocks, including the War Reserve Stockpile
for Allies-Israel, consistent with—
(1) all other requirements set forth in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and
(2) the requirements set forth in the Arms Export Control
Act (22 U.S.C. 2751 et seq.).
(b) CONDITIONS.—Except in the case of an emergency, as determined by the President, a transfer under subsection (a) of this
section may only occur if the transfer—
(1) does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy
United States warfighting requirements;
(2) does not harm the combat readiness of the United
States;
(3) does not affect the ability of the United States to meet
its commitments to allies with respect to the transfer of precision-guided munitions; and
(4) is in the national security interest of the United States.
(c) CERTIFICATION.—
(1) IN GENERAL.—Except in the case of an emergency, as
determined by the President, not later than 15 days before
making a transfer under subsection (a) of this section, the
Secretary of Defense, with the concurrence of the Secretary
of State, shall certify to the appropriate congressional committees that the transfer meets the conditions specified in subsection (b) of this section.
(2) EMERGENCIES.—In the case of an emergency, as determined by the President, not later than 5 days after making
a transfer under subsection (a) of this section, the President
shall—

President.

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Determinations.
President.
Deadline.

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Deadline.

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(A) certify to the appropriate congressional committees
that the transfer supports the national security interests
of the United States; and
(B) provide to the appropriate committees of Congress
an assessment of the impacts, risks, and mitigation measures with respect to the matters referred to in paragraphs
(1) through (4) of subsection (b) of this section.
(d) ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall conduct
an assessment with respect to the following matters:
(A) The current quantity and type of precision-guided
munitions in the stockpile pursuant to section 12001(d)
of the Department of Defense Appropriations Act, 2005
(Public Law 108–287; 118 Stat. 1011), as amended.
(B) The quantity and type of precision-guided munitions necessary for Israel to combat Hezbollah and hostile
forces that threaten Israel.
(C) The quantity and type of precision-guided munitions necessary for Israel in the event of a sustained armed
confrontation with other armed groups and terrorist
organizations.
(D) The current United States inventory of precisionguided munitions of the type specified in subparagraphs
(A), (B), and (C) and ability of that inventory to meet
requirements of current Operation Plans.
(E) Department of Defense efforts to expand precisionguided munitions production and stockpiles to meet operational requirements.
(F) Israel’s efforts to expand precision-guided munitions production and stockpiles to meet operational requirements.
(2) REPORT.—
(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 appropriate congressional committees
a report on the results of the assessment required by
paragraph (1), including a description of such results with
respect to each matter described in that paragraph.
(B) FORM.—The report required by subparagraph (A)
shall be submitted in classified form.
(e) TERMINATION.—The authority of the President to transfer
precision-guided munitions under this section shall terminate on
the date that is three years after the date of the enactment of
this Act.
SEC. 1276. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE
AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of State shall brief the appropriate congressional committees by describing the steps taken to include Israel
in the list of countries eligible for the strategic trade authorization
exception under section 740.20(c)(1) of title 15, Code of Federal
Regulations, as required under section 6(b) of the United StatesIsrael Strategic Partnership Act of 2014 (Public Law 113–296; 128
Stat. 4076; 22 U.S.C. 8603 note).

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134 STAT. 3981

SEC. 1277. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA OF UNDERSTANDING TO ENHANCE
COOPERATION WITH ISRAEL.

22 USC 8606
note.

The Secretary of State, acting through the Administrator of
the United States Agency for International Development, may enter
into memoranda of understanding with Israel to advance common
goals on energy, agriculture, food security, democracy, human
rights, governance, economic growth, trade, education, environment,
global health, water, and sanitation, with a focus on strengthening
mutual ties and cooperation with nations throughout the world.
SEC. 1278. COOPERATIVE PROJECTS AMONG THE UNITED STATES,
ISRAEL, AND DEVELOPING COUNTRIES.

Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151d) is amended by striking subsections (e) and (f) and inserting
the following:
‘‘(e) There is authorized to be appropriated $2,000,000 for fiscal
years 2021 through 2023 to finance cooperative projects among
the United States, Israel, and developing countries that identify
and support local solutions to address sustainability challenges
relating to water resources, agriculture, and energy storage,
including—
‘‘(1) establishing public-private partnerships;
‘‘(2) supporting the identification, research, development
testing, and scaling of innovations that focus on populations
that are vulnerable to environmental and resource-scarcity
crises, such as subsistence farming communities;
‘‘(3) seed or transition-to-scale funding;
‘‘(4) clear and appropriate branding and marking of United
States funded assistance, in accordance with section 641; and
‘‘(5) accelerating demonstrations or applications of local
solutions to sustainability challenges, or the further refinement,
testing, or implementation of innovations that have previously
effectively addressed sustainability challenges.’’.

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SEC. 1279. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION
AND HIGH-TECH FOR THE MIDDLE EAST REGION.

22 USC 2151
note.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should help foster cooperation in
the Middle East region by financing and, as appropriate, cooperating in projects related to innovation and advanced technologies; and
(2) projects referred to in paragraph (1) should—
(A) contribute to development and the quality of life
in the Middle East region through the application of
research and advanced technology; and
(B) contribute to Arab-Israeli cooperation by establishing strong working relationships that last beyond the
life of such projects.
(b) ESTABLISHMENT.—The Secretary of State, acting through
the Administrator of the United States Agency for International
Development, is authorized to seek to establish a program between
the United States and appropriate regional partners to provide
for cooperation in the Middle East region by supporting projects
related to innovation and advanced technologies.
(c) PROJECT REQUIREMENTS.—Each project carried out under
the program established pursuant to subsection (b)—

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134 STAT. 3982

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(1) shall include the participation of at least one entity
from Israel and one entity from another regional partner; and
(2) shall be conducted in a manner that appropriately protects sensitive information, intellectual property, the national
security interests of the United States, and the national security
interests of Israel.

22 USC 8606
note.

SEC. 1280. COOPERATION ON DIRECTED ENERGY CAPABILITIES.

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22 USC 8607.

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(a) REPORT.—Not later than March 15, 2021, the Secretary
of Defense, with the concurrence of the Secretary of State, shall
submit to the appropriate congressional committees a report on
potential areas for directed energy cooperation.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A description of any science and technology effort or
research, development, test, and evaluation effort associated
with directed energy.
(2) A description of activities or efforts recommended for
potential defense cooperation activities associated with directed
energy between the United States and Israel in support of
development of military capabilities of mutual benefit.
(3) A description of any obstacle or challenge associated
with an effort described under paragraph (2) and recommendations to address such obstacle or challenge.
(4) A description of any authority or authorization of appropriations required for the execution of efforts described under
paragraph (2).
(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex,
as determined necessary by the Secretary of Defense.
(d) PROGRAM AUTHORITY.—If recommended as a result of the
report required by subsection (a), the Secretary of Defense, with
the concurrence of the Secretary of State, may establish a program
to carry out research, development, test, and evaluation activities,
on a joint basis with Israel, to promote directed energy capabilities
of mutual benefit to both the United States and Israel that address
threats to the United States, deployed forces of the United States,
and Israel. Any activities carried out under this subsection shall
be conducted in a manner that appropriately protects sensitive
information, intellectual property, the national security interests
of the United States, and the national security interests of Israel.
Any such program shall take into consideration the recommendations of the United States-Israel Defense Acquisition Advisory
Group.
SEC. 1280A. OTHER MATTERS OF COOPERATION.

(a) IN GENERAL.—Activities authorized under this section shall
be carried out with the concurrence of the Secretary of State and
aligned with the National Security Strategy of the United States,
the United States Government Global Health Security Strategy,
the Department of State Integrated Country Strategies, the USAID
Country Development Cooperation Strategies, and any equivalent
or successor plans or strategies, as necessary and appropriate.
(b) DEVELOPMENT OF HEALTH TECHNOLOGIES.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary of Health and Human Services $4,000,000
for fiscal years 2021 through 2023 for a bilateral cooperative
program with the Government of Israel that awards grants

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134 STAT. 3983

for the development of health technologies, which may include
health technologies listed in paragraph (2), subject to paragraph
(3), with an emphasis on collaboratively advancing the use
of technology and personalized medicine in relation to COVID–
19.
(2) TYPES OF HEALTH TECHNOLOGIES.—The health technologies described in this paragraph are technologies such as,
drugs and vaccines, ventilators, diagnostic tests, and technologies to facilitate telemedicine.
(3) RESTRICTIONS ON FUNDING.—Amounts appropriated
pursuant to paragraph (1) are subject to a matching contribution from the Government of Israel.
(4) OPTION FOR ESTABLISHING NEW PROGRAM.—Amounts
appropriated pursuant to paragraph (1) may be expended for
a bilateral program with the Government of Israel that—
(A) is in existence on the day before the date of the
enactment of this Act for the purposes described in paragraph (1); or
(B) is established after the date of the enactment of
this Act by the Secretary of Health and Human Services,
in consultation with the Secretary of State, in accordance
with the Agreement between the Government of the United
States of America and the Government of the State of
Israel on Cooperation in Science and Technology for Homeland Security Matters, done at Jerusalem May 29, 2008
(or a successor agreement), for the purposes described in
paragraph (1).
(5) PUBLIC AVAILABILITY.—The Secretary shall require, as
a condition of any grant awarded under this subsection, that
all research publications and results of such research, including
basic and applied research, shall be made publicly available
on the website of the Department of Health and Human Services.
(c) COORDINATOR OF UNITED STATES–ISRAEL RESEARCH AND
DEVELOPMENT.—
(1) IN GENERAL.—The President may designate the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, or another appropriate Department of State official, to act as Coordinator of
United States-Israel Research and Development (referred to
in this subsection as the ‘‘Coordinator’’).
(2) AUTHORITIES AND DUTIES.—The Coordinator, in conjunction with the heads of relevant Federal Government departments and agencies and in coordination with the Israel Innovation Authority, may oversee civilian science and technology
programs on a joint basis with Israel.
(d) OFFICE OF GLOBAL POLICY AND STRATEGY OF THE FOOD
AND DRUG ADMINISTRATION.—
(1) IN GENERAL.—It is the sense of Congress that the
Commissioner of the Food and Drug Administration should
seek to explore collaboration with Israel through the Office
of Global Policy and Strategy.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, the Commissioner, acting through
the head of the Office of Global Policy and Strategy, shall
submit a report describing the benefits to the United States

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and to Israel of opening an office in Israel for the Office of
Global Policy and Strategy to—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(e) UNITED STATES–ISRAEL ENERGY CENTER.—There is authorized to be appropriated to the Secretary of Energy $4,000,000 for
fiscal year 2021 to carry out the activities of the United StatesIsrael Energy Center established pursuant to section 917(d) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17337(d)).
(f) UNITED STATES–ISRAEL BINATIONAL INDUSTRIAL RESEARCH
AND DEVELOPMENT FOUNDATION.—It is the sense of Congress that
grants to promote covered energy projects conducted by, or in
conjunction with, the United States-Israel Binational Industrial
Research and Development Foundation should be funded at not
less than $2,000,000 annually under section 917(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17337(b)).
(g) UNITED STATES–ISRAEL COOPERATION ON ENERGY, WATER,
HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE FUEL TECHNOLOGIES.—Section 7 of the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C. 8606) is amended by adding at the
end the following:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,000,000 for fiscal
year 2021.’’.
(h) ANNUAL POLICY DIALOGUE.—It is the sense of Congress
that the Department of Transportation and Israel’s Ministry of
Transportation should engage in an annual policy dialogue to implement the 2016 Memorandum of Cooperation signed by the Secretary
of Transportation and the Israeli Minister of Transportation.
(i) COOPERATION ON SPACE EXPLORATION AND SCIENCE INITIATIVES.—The Administrator of the National Aeronautics and Space
Administration shall continue to work with the Israel Space Agency
to identify and cooperatively pursue peaceful space exploration and
science initiatives in areas of mutual interest, taking all appropriate
measures to protect sensitive information, intellectual property,
trade secrets, and economic interests of the United States.
(j) RESEARCH AND DEVELOPMENT COOPERATION RELATING TO
DESALINATION TECHNOLOGY.—Not later than one year after the
date of the enactment of this Act, the Director of the Office of
Science and Technology Policy shall submit a report that describes
research and development cooperation with international partners,
such as the State of Israel, in the area of desalination technology
in accordance with section 9(b)(3) of the Water Desalination Act
of 1996 (42 U.S.C. 10301 note) to—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Energy and Natural Resources of
the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Natural Resources of the House of
Representatives.

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(k) RESEARCH AND TREATMENT OF POSTTRAUMATIC STRESS DISORDER.—It is the sense of Congress that the Secretary of Veterans
Affairs should seek to explore collaboration between the Mental
Illness Research, Education and Clinical Centers of Excellence and
Israeli institutions with expertise in researching and treating
posttraumatic stress disorder.
SEC. 1280B. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this subtitle, the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee
on Armed Services of the House of Representatives.

Subtitle I—Global Child Thrive Act of 2020
SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ‘‘Global Child Thrive Act
of 2020’’.

22 USC 2321h
note.

Global Child
Thrive Act of
2020.
22 USC 2151
note.

SEC. 1282. SENSE OF CONGRESS.

It is the sense of Congress that—
(1) the United States Government should continue efforts
to reduce child mortality rates and increase attention on
prevention efforts and early childhood development outcomes;
(2) investments in early childhood development ensure
healthy and well-developed future generations that contribute
to a country’s stability, security and economic prosperity;
(3) efforts to provide training and education on nurturing
care could result in improved early childhood development outcomes and support healthy brain development; and
(4) integration and cross-sector coordination of early childhood development programs is critical to ensure the efficiency,
effectiveness, and continued implementation of such programs.
SEC. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES
GLOBALLY.

(a) AUTHORIZATION OF ASSISTANCE.—Amounts authorized to be
appropriated or otherwise made available to carry out section 135
in chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) for each of the fiscal years 2021 through
2025 are authorized to be made available to support early childhood
development activities in conjunction with relevant, existing
programming, such as water, sanitation and hygiene, maternal
and child health, basic education, nutrition and child protection.
(b) ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES
GLOBALLY.—Chapter 1 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the
end the following:

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‘‘SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES
GLOBALLY.

22 USC 2152k.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the Committee on Appropriations of the Senate;

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(B) the Committee on Foreign Relations of the Senate;
‘‘(C) the Committee on Appropriations of the House
of Representatives; and
‘‘(D) the Committee on Foreign Affairs of the House
of Representatives.
‘‘(2) EARLY CHILDHOOD DEVELOPMENT.—The term ‘early
childhood development’ means the development and learning
of a child younger than 8 years of age, including physical,
cognitive, social, and emotional development and approaches
to learning that allow a child to reach his or her full developmental potential.
‘‘(3) EARLY CHILDHOOD DEVELOPMENT PROGRAM.—The term
‘early childhood development program’ means a program that
seeks to ensure that every child has the conditions for healthy
growth, nurturing family-based care, development and learning,
and protection from violence, exploitation, abuse, and neglect,
which may include—
‘‘(A) a health, safe water, sanitation, and hygiene program that serves pregnant women, children younger than
5 years of age, and the parents of such children;
‘‘(B) a nutrition program, combined with stimulating
child development activity;
‘‘(C) age appropriate cognitive stimulation, especially
for newborns, infants, and toddlers, including an early
childhood intervention program for children experiencing
at-risk situations, developmental delays, disabilities, and
behavioral and mental health conditions;
‘‘(D) an early learning (36 months and younger), preschool, and basic education program for children until they
reach 8 years of age or complete primary school; or
‘‘(E) a child protection program, with an emphasis on
the promotion of permanent, safe, and nurturing families,
rather than placement in residential care or institutions,
including for children with disabilities.
‘‘(4) RELEVANT FEDERAL DEPARTMENTS AND AGENCIES.—The
term ‘relevant Federal departments and agencies’ means—
‘‘(A) the Department of State;
‘‘(B) the United States Agency for International
Development;
‘‘(C) the Department of the Treasury;
‘‘(D) the Department of Labor;
‘‘(E) the Department of Education;
‘‘(F) the Department of Agriculture;
‘‘(G) the Department of Defense;
‘‘(H) the Department of Health and Human Services,
including—
‘‘(i) the Centers for Disease Control and Prevention; and
‘‘(ii) the National Institutes of Health;
‘‘(I) the Millennium Challenge Corporation;
‘‘(J) the Peace Corps; and
‘‘(K) any other department or agency specified by the
President for the purposes of this section.
‘‘(5) RESIDENTIAL CARE.—The term ‘residential care’ means
care provided in any non-family-based group setting, including
orphanages, transit or interim care centers, children’s homes,
children’s villages or cottage complexes, group homes, and

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boarding schools used primarily for care purposes as an alternative to a children’s home.
‘‘(b) STATEMENT OF POLICY.—It is the policy of the United
States—
‘‘(1) to support early childhood development in relevant
foreign assistance programs, including by integrating evidencebased, efficient, and effective interventions into relevant strategies and programs, in coordination with partner countries, other
donors, international organizations, international financial
institutions, local and international nongovernmental organizations, private sector partners, and civil society, including faithbased and community-based organizations; and
‘‘(2) to encourage partner countries to lead early childhood
development initiatives that include incentives for building local
capacity for continued implementation and measurable results,
by—
‘‘(A) scaling up the most effective, evidence-based,
national interventions, including for the most vulnerable
populations and children with disabilities and developmental delays, with a focus on adaptation to country
resources, cultures, and languages;
‘‘(B) designing, implementing, monitoring, and evaluating programs in a manner that enhances their quality,
transparency, equity, accountability, efficiency and
effectiveness in improving child and family outcomes in
partner countries; and
‘‘(C) utilizing and expanding innovative public-private
financing mechanisms.
‘‘(c) IMPLEMENTATION.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this section, the Administrator of the United
States Agency for International Development on behalf of the
President and in coordination with the Secretary of State, shall
direct relevant Federal departments and agencies—
‘‘(A) to incorporate, to the extent practical and relevant,
early childhood development into foreign assistance programs to be carried out during the following 5 fiscal years;
and
‘‘(B) to promote inclusive early childhood development
in partner countries.
‘‘(2) ELEMENTS.—In carrying out paragraph (1), the
Administrator, the Secretary, and the heads of other relevant
Federal departments and agencies as appropriate shall—
‘‘(A) build on the evidence and priorities outlined in
‘Advancing Protection and Care for Children in Adversity:
A U.S. Government Strategy for International Assistance
2019–2023’, published in June 2019 (referred to in this
section as ‘APCCA’);
‘‘(B) to the extent practicable, identify evidence-based
strategic priorities, indicators, outcomes, and targets,
particularly emphasizing the most vulnerable populations
and children with disabilities and developmental delays,
to support inclusive early childhood development;
‘‘(C) support the design, implementation, and evaluation of pilot projects in partner countries, with the goal
of taking such projects to scale;

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‘‘(D) support inclusive early childhood development
within all relevant sector strategies and public laws,
including—
‘‘(i) the Global Water Strategy required under section 136(j);
‘‘(ii) the whole-of-government strategy required
under section 5 of the Global Food Security Act of
2016 (22 U.S.C. 9304 note);
‘‘(iii) the Basic Education Strategy set forth in
section 105(c);
‘‘(iv) the U.S. Government Global Nutrition
Coordination Plan, 2016–2021; and
‘‘(v) APCCA; and others as appropriate;
‘‘(E) improve coordination with foreign governments
and international and regional organizations with respect
to official country policies and plans to improve early childhood development, maternal, newborn, and child health
and nutrition care, basic education, water, sanitation and
hygiene, and child protection plans which promote nurturing, appropriate, protective, and permanent family care,
while reducing the percentage of children living outside
of family care, including in residential care or on the street;
and
‘‘(F) consult with partner countries, other donors, international organizations, international financial institutions,
local and international nongovernmental organizations, private sector partners and faith-based and community-based
organizations, as appropriate.
‘‘(d) ANNUAL REPORT ON THE IMPLEMENTATION OF THE
STRATEGY.—The Special Advisor for Children in Adversity shall
include, in the annual report required under section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing
Countries Act of 2005 (22 U.S.C. 2152g), which shall be submitted
to the appropriate congressional committees and made publicly
available, a description of—
‘‘(1) the progress made toward integrating early childhood
development interventions into relevant strategies and programs;
‘‘(2) the efforts made by relevant Federal departments and
agencies to implement subsection (c), with a particular focus
on the activities described in such subsection; and
‘‘(3) the progress achieved during the reporting period
toward meeting the goals, objectives, benchmarks, and timeframes described in subsection (c) at the program level, along
with specific challenges or gaps that may require shifts in
targeting or financing in the following fiscal year.
‘‘(e) INTERAGENCY TASK FORCE.—The Special Advisor for Assistance to Orphans and Vulnerable Children should establish and
regularly convene an Interagency Working Group on Children in
Adversity which, among other things, will coordinate—
‘‘(1) intergovernmental and interagency monitoring, evaluation, and reporting of the activities carried out pursuant to
this section;
‘‘(2) early childhood development initiatives that include
children with a variety of needs and circumstances; and

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134 STAT. 3989

‘‘(3) United States Government early childhood development programs, strategies, and partnerships across relevant
Federal departments and agencies.’’.
SEC. 1284. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND
VULNERABLE CHILDREN.

Section 135(e)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152f(e)(2)) is amended—
(1) by amending subparagraph (A) to read as follows:
‘‘(A) Coordinate assistance to orphans and other vulnerable children among the relevant Federal agencies and
officials.’’; and
(2) in subparagraph (B), by striking ‘‘the various offices,
bureaus, and field missions within the United States Agency
for International Development’’ and inserting ‘‘the relevant Federal branch agencies and officials’’.
SEC. 1285. RULE OF CONSTRUCTION.

Nothing in the amendments made by this subtitle may be
construed to restrict or abrogate any other authorization for United
States Agency for International Development activities or programs.

22 USC 2152f
note.

Subtitle J—Matters Relating to Africa and
the Middle East

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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.

(a) BRIEFING REQUIRED.—
(1) IN GENERAL.—If the Department of Defense reduces
the number of covered United States Armed Forces in fiscal
year 2021 to a number that is below 80 percent of the number
deployed as of the date of the enactment of this Act, the
Secretary of Defense shall, not later than 30 days after the
date of such a reduction, provide a briefing to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
(2) ELEMENTS.—The briefing required under paragraph (1)
shall include, at a minimum, the following:
(A) A description of the process and associated analysis
that led to the decision to reduce the number of covered
United States Armed Forces.
(B) A description of the anticipated impact of such
a reduction on the ability of the Department of Defense
to achieve its strategic objectives in the AFRICOM AOR,
including—
(i) degrading violent extremist organizations;
(ii) countering the military influence of China and
Russia;
(iii) countering transnational threats;
(iv) maintaining strategic access;
(v) preparing for and responding to crises; and
(vi) strengthening security relationships with
United States allies and partners.

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(C) An assessment of the impact of such a reduction
on the ability of the Department of Defense to execute
the National Defense Strategy.
(D) A description of any consultation with the Department of State or the United States Agency for International
Development with respect to such a reduction and the
potential impact that such a reduction would have on diplomatic, developmental, or humanitarian efforts in Africa.
(E) A description of any consultation with United
States allies and partners with respect to such a reduction.
(F) Any other matters determined to be relevant by
the Secretary of Defense.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 120 days after the date
of a reduction in the number of covered United States Armed
Forces described in subsection (a)(1), the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a report that includes the following:
(A) The average number of covered United States
Armed Forces by month for each of the fiscal years 2019
and 2020.
(B) The anticipated number of covered United States
Armed Forces in 2021.
(C) An assessment of the threat posed by violent
extremist organizations in the AFRICOM AOR and a
detailed description of the Department of Defense’s plan
to degrade such organizations.
(D) A detailed description of the Department of
Defense’s plan to counter the military influence of China
and Russia in the AFRICOM AOR.
(E) A detailed assessment of the anticipated effect
that such a reduction would have on military and intelligence efforts in the AFRICOM AOR.
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(c) DEFINITIONS.—In this section:
(1) AFRICOM AOR.—The term ‘‘AFRICOM AOR’’ means
the United States Africa Command area of responsibility.
(2) COVERED UNITED STATES ARMED FORCES.—The term
‘‘covered United States Armed Forces’’—
(A) means United States Armed Forces that are
deployed to the AFRICOM AOR and under the command
authority and operational control of the Commander of
United States Africa Command; but
(B) does not include—
(i) forces deployed in conjunction with other Commands;
(ii) forces participating in joint exercises;
(iii) forces used to assist in emergency situations;
and
(iv) forces designated or assigned for diplomatic
or embassy security.

Assessment.

Assessment.

Assessment.

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134 STAT. 3991

SEC. 1292. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF THE ARMED FORCES PARTICIPATING IN THE
MULTINATIONAL FORCE AND OBSERVERS IN EGYPT.

(a) IN GENERAL.—Not later than 30 days before a reduction
in the total number of members of the Armed Forces assigned
to participate in the Multinational Force and Observers in Egypt
to fewer than 430 such members of the Armed Forces, the Secretary
of Defense shall submit to the appropriate committees of Congress
a notification that includes the following:
(1) A detailed accounting of the number of members of
the Armed Forces to be withdrawn from the Multinational
Force and Observers in Egypt and the capabilities that such
members of the Armed Forces provide in support of the mission.
(2) An explanation of national security interests of the
United States served by such a reduction and an assessment
of the effect, if any, such a reduction is expected to have
on the security of United States partners in the region.
(3) A description of consultations by the Secretary with
the other countries that contribute military forces to the Multinational Force and Observers, including Australia, Canada,
Colombia, the Czech Republic, Fiji, France, Italy, Japan, New
Zealand, Norway, the United Kingdom, and Uruguay, with
respect to the planned force reduction and the results of such
consultations.
(4) An assessment of whether other countries, including
the countries that contribute military forces to the Multinational Force and Observers, will increase their contributions
of military forces to compensate for the capabilities withdrawn
by the United States.
(5) An explanation of—
(A) any anticipated negative impact of such a reduction
on the ability of the Multinational Force and Observers
in Egypt to fulfill its mission of supervising the
implementation of the security provisions of the 1979
Treaty of Peace between Egypt and Israel and employing
best efforts to prevent any violation of the terms of such
treaty; and
(B) the manner in which any such negative impact
will be mitigated.
(6) Any other matter the Secretary considers appropriate.
(b) FORM.—The notification required by subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives.

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SEC.

1293.

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information.

REPORT ON ENHANCING SECURITY PARTNERSHIPS
BETWEEN THE UNITED STATES AND AFRICAN COUNTRIES.

(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the

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Recommendations.

Recommendations.

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information.

PUBLIC LAW 116–283—JAN. 1, 2021

appropriate congressional committees a report on the activities
and resources required to enhance security partnerships
between the United States and African countries.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) A description of the Department of Defense’s
approach to conducting security cooperation activities in
Africa, including how it identifies and prioritizes its security partnerships in Africa.
(B) A description of how the Department’s security
cooperation activities benefit other Federal departments
and agencies that are operating in Africa.
(C) Recommendations to improve the ability of the
Department to achieve sustainable security benefits from
its security cooperation activities in Africa, which may
include—
(i) the establishment of contingency locations;
(ii) small-scale construction conducted in accordance with existing law; and
(iii) the acquisition of additional training and
equipment by African partners to improve their
organizational, operational, mobility, and sustainment
capabilities.
(D) Recommendations to expand and strengthen
partner capability to conduct security activities, including
traditional activities of the combatant commands, train
and equip opportunities, State partnerships with the
National Guard, and through multilateral activities.
(E) A description of how the following factors may
impact the ability of the Department to strengthen security
partnerships in Africa:
(i) The economic development and stability of African countries.
(ii) The military, intelligence, diplomatic, developmental, and humanitarian efforts of China and Russia
on the African continent.
(iii) The ability of the United States, allies, and
partners to combat violent extremist organizations
operating in Africa.
(F) Any other matters the Secretary determines to
be relevant.
(3) FORM.—The report required under paragraph (1) may
be submitted in classified form, but shall include an unclassified
summary.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives.

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SEC. 1294. PLAN TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS
AND CIVILIAN HARM IN BURKINA FASO, CHAD, MALI, AND
NIGER.
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(a) PLAN REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consultation

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 3993

with the Secretary of Defense, shall submit to the appropriate
congressional committees a plan to engage with the Governments
of Burkina Faso, Chad, Mali, and Niger to prevent civilian harm
and address allegations of gross violations of human rights by
the security forces of these countries and non-state armed groups,
and ensure accountability for such violations.
(b) MATTERS TO BE INCLUDED.—The plan required by subsection
(a) shall include the following:
(1) A description of planned public and private diplomatic
engagement to support efforts by the Governments of Burkina
Faso, Chad, Mali, and Niger to investigate, prosecute, and
sentence any individual or group against which there are credible allegations of gross violations of human rights, including
by state security forces and non-state armed groups, and an
assessment of the effectiveness of such engagement.
(2) An identification of United States assistance and programs to address gross violations of human rights and civilian
harm, improve civil-military relations, and strengthen accountability of Burkina Faso, Chad, Mali, and Niger through their
military justice systems, including support for building the
capacity of provost marshals.
(3) A description of how such United States assistance
and programs have been used to address gross violations of
human rights, civilian harm, and civil-military relations, and
an assessment of how they can be strengthened to prevent
and mitigate civilian harm.
(4) A description of plans to coordinate United States efforts
with France, the European Union, the United Nations Stabilization Mission in Mali (MINUSMA), the African Union, and the
G5 Sahel Joint Force to decrease gross violations of human
rights and minimize civilian harm during military operations
in the Sahel.
(5) A description of efforts undertaken by the Governments
of Burkina Faso, Chad, Mali, and Niger to prevent and decrease
instances of gross violations of human rights or civilian harm
perpetrated by state security forces or non-state armed groups
that have received material support from or conducted joint
counterterrorism operations with these security forces, and an
assessment of the effectiveness of these efforts.
(6) A description of any confirmed incidents or reports
of civilian harm that may have occurred during United States
military advise, assist, or accompany operations during the
preceding calendar year.
(7) Any other matters that the Secretary considers to be
relevant.
(c) FORM.—The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

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PUBLIC LAW 116–283—JAN. 1, 2021
(2) CIVILIAN HARM.—The term ‘‘civilian harm’’ means conflict-related death, physical injury, loss of property or livelihood,
or interruption of access to essential services.

SEC. 1295. STATEMENT OF POLICY AND REPORT RELATING TO THE
CONFLICT IN YEMEN.
22 USC 2151
note.

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(a) STATEMENT OF POLICY.—It is the policy of the United
States—
(1) to protect United States citizens and strategic interests
in the Middle East region;
(2) to support United Nations-led efforts to end violence
in Yemen and secure a comprehensive political settlement to
the conflict in Yemen that results in protection of civilians
and civilian infrastructure and alleviates the humanitarian
crisis including by facilitating unfettered access for all Yemenis
to food, fuel, and medicine;
(3) to encourage all parties to the conflict in Yemen to
participate in good faith in the United Nations-led process
and to uphold interim agreements as part of that process to
end the conflict, leading to reconstruction in Yemen;
(4) to support United States allies and partners in
defending their borders and territories in order to maintain
stability and security in the Middle East region and encourage
burden sharing among such allies and partners;
(5) to assist United States allies and partners in countering
destabilization of the Middle East region;
(6) to oppose Iranian arms transfers in violation of United
Nations Security Council resolutions, including transfers to
the Houthis;
(7) to encourage the Government of Saudi Arabia and the
Government of the United Arab Emirates to assist significantly
in the economic stabilization and eventual reconstruction of
Yemen; and
(8) to encourage all parties to the conflict to comply with
the law of armed conflict, including to investigate credible
allegations of war crimes and provide redress to civilian victims.
(b) REPORT ON CONFLICT IN YEMEN.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report on United States policy in Yemen.
(2) MATTERS TO BE INCLUDED.—The report required under
paragraph (1) shall include the following:
(A) A detailed description of diplomatic actions taken
by the United States Government to help ease human
suffering in Yemen, including—
(i) United States direct humanitarian assistance
and United States donations to multilateral humanitarian assistance efforts, including to address the
COVID–19 pandemic;
(ii) efforts to ensure that humanitarian assistance
is delivered in line with internationally recognized
humanitarian principles, and the results of such
efforts;
(iii) efforts to facilitate humanitarian and commercial cargo shipments into Yemen and minimize delays

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134 STAT. 3995

associated with such shipments, including access to
ports for humanitarian and commercial cargo, and the
results of such efforts;
(iv) efforts to work with parties to the conflict
in Yemen to ensure protection of civilians and civilian
infrastructure, and the results of such efforts;
(v) efforts to help the Government of Yemen to
create a mechanism to ensure that salaries and pensions are paid to civil servants as appropriate, and
the results of such efforts; and
(vi) efforts to work with the Government of Yemen
and countries that are members of the Saudi-led coalition in Yemen to address the currency crisis in Yemen
and the solvency of the Central Bank of Yemen, and
the results of such efforts.
(B) An assessment of plans, commitments, and pledges
for reconstruction of Yemen made by countries that are
members of the Saudi-led coalition in Yemen, including
an assessment of proposed coordination with the Government of Yemen and international organizations.
(C) A description of civilian harm occurring in the
context of the conflict in Yemen since November 2017,
including mass casualty incidents and damage to, or
destruction of, civilian infrastructure and services.
(D) An estimated total number of civilian casualties
in the context of the conflict in Yemen since September
2014, disaggregated by year.
(E) A detailed description of actions taken by the
United States Government to support the efforts of the
United Nations Special Envoy for Yemen to reach a lasting
political solution in Yemen.
(F) A detailed assessment of whether and to what
extent members of the Saudi-led coalition in Yemen have
used United States-origin defense articles and defense services in Yemen in contravention of the laws of armed conflict
when engaging in any military operations against the
Houthis in Yemen.
(G) A description of external and cross border attacks
perpetrated by the Houthis.
(H) A detailed assessment of the Government of
Yemen’s willingness and capacity to effectively—
(i) provide public services to the people of Yemen;
(ii) service the external debts of Yemen; and
(iii) facilitate or ensure access to humanitarian
assistance and key commodities in Yemen.
(I) A description of support for the Houthis by Iran
and Iran-backed groups, including the provision of weapons
and training.
(J) A description of recruitment and use of child soldiers by parties to the conflict in Yemen.
(3) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form without any designation relating
to dissemination control, but may contain a classified annex.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the congressional defense committees;

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PUBLIC LAW 116–283—JAN. 1, 2021
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of
Representatives.

SEC. 1296. REPORT ON UNITED STATES MILITARY SUPPORT OF THE
SAUDI-LED COALITION IN YEMEN.

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Evaluation.
Determination.

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(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
that includes the following:
(1) A description of all military support, training, and
defense articles and services provided by the Department of
Defense to Saudi Arabia, the Government of the United Arab
Emirates, and other countries participating in the Saudi-led
coalition since March 2015, including—
(A) an annual description, by fiscal year or calendar
year, of all transfers of logistics support, supplies, defense
articles, and services under sections 2341 and 2342 of
title 10, United States Code, or any other applicable law;
(B) a description of the total financial value of such
transfers and which countries bore the cost described in
subparagraph (A) of these transfers, including the status
of any required reimbursement of costs from Saudi Arabia,
the Government of the United Arab Emirates and the
Saudi-led coalition to the Department of Defense; and
(C) a description of the types of training, advice, and
assistance provided by the Department of Defense,
including the authorities under which this training was
provided, and an assessment of the extent to which such
training has included—
(i) tactics, techniques, or procedures that could
be used to restrict the movement of commercial and
humanitarian shipments or the movement of persons
into or out of Yemen;
(ii) tactics, techniques, and procedures to reduce
civilian casualties and damage to civilian infrastructure; and
(iii) an emphasis on human rights and the laws
of armed conflict.
(2) A description and evaluation of processes used by the
Department of Defense to determine whether the types of military support described in paragraph (1) have—
(A) affected the movement of persons into or out of
Yemen, the restriction of the movement of commercial and
humanitarian shipments into and out of Yemen, or the
illicit profit from such importation by any of the warring
parties in the conflict in Yemen;
(B) contributed to or reduced civilian casualties and
damage to civilian infrastructure in Yemen; and
(C) contributed to or reduced violations of the laws
of armed conflict in Yemen, including any credibly alleged
violations of torture, arbitrary detention, and other gross
violations of internationally recognized human rights by
countries that are members of the Saudi-led coalition in
Yemen and the Republic of Yemen Government.

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(3) The responsiveness and completeness of any certifications submitted pursuant to section 1290 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232; 132 Stat. 2081), as of the date
of the submission of the report required by this section.
(4) The responsiveness and completeness of any reports
submitted pursuant to section 1274 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 132 Stat. 2067), as of such date of submission.
(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) APPROPRIATE COMMITTEES OF CONGRESS.—In this section,
the term ‘‘appropriate committees of Congress’’ means—
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Financial
Services of the House of Representatives.
SEC. 1297. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED
BY KUWAIT TO UNITED STATES MEDICAL INSTITUTIONS.

(a) FINDINGS.—Congress finds that—
(1) at least 45 medical institutions in the United States
have provided medical services to citizens of Kuwait; and
(2) despite providing care for their citizens, Kuwait has
not paid amounts owed to such United States medical institutions for such services in over 2 years.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Kuwait is an important partner of the United States
in the Middle East and both countries should find ways to
address irritants in the bilateral relationship;
(2) the United States should seek a resolution with Kuwait
regarding the outstanding amounts Kuwait owes to United
States medical institutions for medical services provided to
citizens of Kuwait, especially during the COVID–19 pandemic;
and
(3) Kuwait should immediately pay such outstanding
amounts owed to such United States medical institutions.

Subtitle K—Other Matters
SEC. 1299A. PROVISION OF GOODS AND SERVICES AT KWAJALEIN
ATOLL, REPUBLIC OF THE MARSHALL ISLANDS.

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(a) IN GENERAL.—Chapter 767 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 7596. Provision of goods and services at Kwajalein Atoll
‘‘(a) AUTHORITY.—(1) Except as provided in paragraph (2), the
Secretary of the Army, with the concurrence of the Secretary of
State, may provide goods and services, including interatoll transportation, to the Government of the Republic of the Marshall Islands
and other eligible patrons, as determined by the Secretary of the
Army, at Kwajalein Atoll.
‘‘(2) The Secretary of the Army may not provide goods or
services under this section if doing so would be inconsistent, as

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134 STAT. 3998

10 USC 7591
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

determined by the Secretary of State, with the Compact of Free
Association between the Government of the United States and
the Government of the Republic of the Marshall Islands or any
subsidiary agreement or implementing arrangement.
‘‘(b) REIMBURSEMENT.—(1) The Secretary of the Army may collect reimbursement from the Government of the Republic of the
Marshall Islands and eligible patrons for the provision of goods
or services under subsection (a).
‘‘(2) The amount collected for goods or services under this
subsection may not be greater than the total amount of actual
costs to the United States for providing the goods or services.
‘‘(c) NECESSARY EXPENSES.—Amounts appropriated to the
Department of the Army may be used for necessary expenses associated with providing goods and services under this section.
‘‘(d) REGULATIONS.—The Secretary of the Army shall issue regulations to carry out this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘7596. Provision of goods and services at Kwajalein Atoll.’’.

Deadline.
Summary.

(c) BRIEFING.—Not later than December 31, 2021, the Secretary
of the Army shall provide to the congressional defense committees
a briefing on the use of the authority under section 7596(a) of
title 10, United States Code, as added by subsection (a), in fiscal
year 2021, including a written summary describing the goods and
services provided on a reimbursable basis and the goods and services provided on a nonreimbursable basis.

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SEC. 1299B. REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES.

Section 2350j of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f) REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED
COUNTRIES.—
‘‘(1) IN GENERAL.—Not later than January 15 each year,
the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the burden sharing contributions received under this section from designated countries.
‘‘(2) ELEMENTS.—Each report required by paragraph (1)
shall include the following for the preceding fiscal year:
‘‘(A) A list of all designated countries from which burden sharing contributions were received.
‘‘(B) An explanation of the purpose for which each
such burden sharing contribution was provided.
‘‘(C) A description of any written agreement entered
into with a designated country under this section, including
the date on which the agreement was signed.
‘‘(D) For each designated country—
‘‘(i) the amount provided by the designated
country; and
‘‘(ii) the amount of any remaining unobligated balance.
‘‘(E) The amount of such burden sharing contributions
expended, by eligible category, including compensation for
local national employees, military construction projects, and
supplies and services of the Department of Defense.

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‘‘(F) Any other matter the Secretary of Defense considers relevant.
‘‘(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘appropriate committees of Congress’
means—
‘‘(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate; and
‘‘(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.’’.
SEC. 1299C. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS
FROM UNDUE INFLUENCE AND OTHER SECURITY
THREATS.

Section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public
Law 115–232) is amended to read as follows:

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‘‘SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS.

‘‘(a) INITIATIVE REQUIRED.—The Secretary of Defense shall, in
consultation with other appropriate government organizations,
establish an initiative to work with institutions of higher education
who perform defense research and engineering activities—
‘‘(1) to support protection of intellectual property, controlled
information, key personnel, and information about critical technologies relevant to national security;
‘‘(2) to limit undue influence, including through foreign
talent programs, by countries to exploit United States technology within the Department of Defense research, science
and technology, and innovation enterprise; and
‘‘(3) to support efforts toward development of domestic
talent in relevant scientific and engineering fields.
‘‘(b) INSTITUTIONS AND ORGANIZATIONS.—The initiative required
by subsection (a) shall be developed and executed to the maximum
extent practicable with academic research institutions and other
educational and research organizations.
‘‘(c) REQUIREMENTS.—The initiative required by subsection (a)
shall include development of the following:
‘‘(1) Information exchange forum and information repositories to enable awareness of security threats and influence
operations being executed against the United States research,
technology, and innovation enterprise.
‘‘(2) Training developed and delivered in consultation with
institutions of higher education and appropriate Government
agencies, and other support to institutions of higher education,
to promote security and limit undue influence on institutions
of higher education and personnel, including Department of
Defense financial support to carry out such activities, that—
‘‘(A) emphasizes best practices for protection of sensitive national security information;
‘‘(B) includes the dissemination of unclassified materials and resources for identifying and protecting against
emerging threats to institutions of higher education,
including specific counterintelligence information and

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134 STAT. 4000

advice developed specifically for faculty and academic
researchers based on actual identified threats; and
‘‘(C) includes requirements for appropriate senior officials of institutions of higher education to receive from
appropriate Government agencies updated and periodic
briefings that describe the espionage risks to academic
institutions and associated personnel posed by technical
intelligence gathering activities of near-peer strategic
competitors.
‘‘(3) The capacity of Government agencies and institutions
of higher education to assess whether individuals affiliated
with Department of Defense programs have participated in
or are currently participating in foreign talent programs or
expert recruitment programs.
‘‘(4) Opportunities to collaborate with defense researchers
and research organizations in secure facilities to promote
protection of critical information and strengthen defense against
foreign intelligence services.
‘‘(5) Regulations and procedures—
‘‘(A) for Government agencies and academic organizations and personnel to support the goals of the initiative;
and
‘‘(B) that are consistent with policies that protect open
and scientific exchange in fundamental research.
‘‘(6) Policies to limit or prohibit funding provided by the
Department of Defense for institutions or individual researchers
who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
‘‘(7) Initiatives to support the transition of the results of
institution of higher education research programs into defense
capabilities.
‘‘(8)(A) A list of academic institutions of the People’s
Republic of China, the Russian Federation, and other countries
that—
‘‘(i) have a history of improper technology transfer,
intellectual property theft, or cyber or human espionage;
‘‘(ii) operate under the direction of the military forces
or intelligence agency of the applicable country;
‘‘(iii) are known—
‘‘(I) to recruit foreign individuals for the purpose
of transferring knowledge to advance military or intelligence efforts; or
‘‘(II) to provide misleading information or otherwise attempt to conceal the connections of an individual
or institution to a defense or an intelligence agency
of the applicable country; or
‘‘(iv) pose a serious risk of improper technology transfer
of data, technology, or research that is not published or
publicly available.
‘‘(B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau
of Industry and Security of the Department of Commerce, the
Director of National Intelligence, United States institutions
of higher education that conduct significant Department of
Defense research or engineering activities, and other appropriate individuals and organizations.

List.

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Updates.
Consultation.

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134 STAT. 4001

‘‘(9)(A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering,
and Medicine and the appropriate Government agencies, of
foreign talent programs that pose a threat to the national
security interests of the United States, as determined by the
Secretary.
‘‘(B) In developing and updating such list, the Secretary
shall consider—
‘‘(i) the extent to which a foreign talent program—
‘‘(I) poses a threat to research funded by the
Department of Defense; and
‘‘(II) engages in, or facilitates, cyber attacks, theft,
espionage, attempts to gain ownership of or influence
over companies, or otherwise interferes in the affairs
of the United States; and
‘‘(ii) any other factor the Secretary considers appropriate.
‘‘(d) PROCEDURES FOR ENHANCED INFORMATION SHARING.—
‘‘(1) COLLECTION OF INFORMATION.—
‘‘(A) DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES.—Not later than October 1, 2020, for the purpose
of maintaining appropriate security controls over research
activities, technical information, and intellectual property,
the Secretary, in conjunction with appropriate public and
private entities, shall establish streamlined procedures to
collect appropriate information relating to individuals,
including United States citizens and foreign nationals, who
participate in defense research and development activities.
‘‘(B) FUNDAMENTAL RESEARCH PROGRAMS.—With
respect to fundamental research programs, the academic
liaison designated under subsection (g) shall establish policies and procedures to collect, consistent with the best
practices of Government agencies that fund academic
research, appropriate information relating to individuals
who participate in fundamental research programs.
‘‘(2) PROTECTION FROM RELEASE.—The procedures required
by paragraph (1) shall include procedures to protect such
information from release, consistent with applicable regulations.
‘‘(3) REPORTING TO GOVERNMENT INFORMATION SYSTEMS AND
REPOSITORIES.—The procedures required by paragraph (1) may
include procedures developed, in coordination with appropriate
public and private entities, to report such information to
existing Government information systems and repositories.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than April 30, 2020, and
annually thereafter, the Secretary, acting through appropriate
Government officials (including the Under Secretary for
Research and Engineering), shall submit to the congressional
defense committees a report on the activities carried out under
the initiative required by subsection (a).
‘‘(2) CONTENTS.—The report required by paragraph (1) shall
include the following:
‘‘(A) A description of the activities conducted and the
progress made under the initiative.
‘‘(B) The findings of the Secretary with respect to the
initiative.

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Recommendations.

Deadline.

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‘‘(C) Such recommendations as the Secretary may have
for legislative or administrative action relating to the matters described in subsection (a), including actions related
to foreign talent programs.
‘‘(D) Identification and discussion of the gaps in legal
authorities that need to be improved to enhance the security of research institutions of higher education performing
defense research.
‘‘(E) A description of the actions taken by such institutions to comply with such best practices and guidelines
as may be established by under the initiative.
‘‘(F) Identification of any incident relating to undue
influence to security threats to academic research activities
funded by the Department of Defense, including theft of
property or intellectual property relating to a project funded
by the Department at an institution of higher education.
‘‘(3) FORM.—The report submitted under paragraph (1)
shall be submitted in both unclassified and classified formats,
as appropriate.
‘‘(f) PUBLICATION OF UPDATED LISTS.—
‘‘(1) SUBMITTAL TO CONGRESS.—Not later than January 1,
2021, and annually thereafter, the Secretary shall submit to
the congressional defense committees the most recently updated
lists described in paragraphs (8) and (9) of subsection (c).
‘‘(2) FORM.—Each list submitted under paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
‘‘(3) PUBLIC AVAILABILITY.—Each list submitted under paragraph (1) shall be published on a publicly accessible internet
website of the Department of Defense in a searchable format.
‘‘(4) INTERVENING SUBMITTAL AND PUBLICATION.—The Secretary may submit and publish an updated list described in
paragraph (1) more frequently than required by that paragraph,
as the Secretary considers necessary.
‘‘(g) DESIGNATION OF ACADEMIC LIAISON.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, the Secretary,
acting through the Under Secretary of Defense for Research
and Engineering, shall designate an academic liaison with principal responsibility for working with the academic and research
communities to protect Department-sponsored academic
research of concern from undue foreign influence and threats.
‘‘(2) QUALIFICATION.—The Secretary shall designate an
individual under paragraph (1) who is an official of the Office
of the Under Secretary of Defense for Research and
Engineering.
‘‘(3) DUTIES.—The duties of the academic liaison designated
under paragraph (1) shall be as follows:
‘‘(A) To serve as the liaison of the Department with
the academic and research communities.
‘‘(B) To execute initiatives of the Department related
to the protection of Department-sponsored academic
research of concern from undue foreign influence and
threats, including the initiative required by subsection (a).
‘‘(C) To conduct outreach and education activities for
the academic and research communities on undue foreign

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influence and threats to Department-sponsored academic
research of concern.
‘‘(D) To coordinate and align academic security policies
with Department component agencies, the Office of Science
and Technology Policy, the intelligence community, and
appropriate Federal agencies.
‘‘(E) To the extent practicable, to coordinate with the
intelligence community to share, not less frequently than
annually, with the academic and research communities
unclassified information, including counterintelligence
information, on threats from undue foreign influence.
‘‘(F) Any other related responsibility, as determined
by the Secretary in consultation with the Under Secretary
of Defense for Research and Engineering.
‘‘(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—The term
‘institution of higher education’ has the meaning given such term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).’’.
SEC. 1299D. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES.

Subsection (g) of section 943 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110–
417; 122 Stat. 4578) is amended by striking ‘‘2021’’ and inserting
‘‘2023’’.

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SEC. 1299E. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY
BASES OF ADVERSARIES.

(a) REQUIREMENT.—Not later than February 15 of each year,
the Chairman of the Joint Chiefs of Staff and the Secretary of
Defense, acting through the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a briefing on—
(1) covered foreign military bases and the related capabilities of that foreign military; and
(2) the effects of such bases and capabilities on—
(A) the military installations of the United States
located outside the United States; and
(B) current and future deployments and operations
of the armed forces of the United States.
(b) ELEMENTS.—Each briefing under subsection (a) shall include
the following:
(1) An assessment of covered foreign military bases,
including such bases established by China, Russia, and Iran,
and any updates to such assessment provided in a previous
briefing under such subsection.
(2) Information regarding known plans for any future covered foreign military base.
(3) An assessment of the capabilities, including those pertaining to anti-access and area denial, provided by covered
foreign military bases to that foreign military, including an
assessment of how such capabilities could be used against the
armed forces of the United States in the country and the
geographic combatant command in which such base is located.
(4) A description of known ongoing activities and capabilities at covered foreign military bases, and how such activities

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134 STAT. 4004

and capabilities advance the foreign policy and national security
priorities of the relevant foreign countries.
(5) The extent to which covered foreign military bases
could be used to counter the defense priorities of the United
States.
(c) FORM.—Each briefing under subsection (a) shall be provided
in classified form.
(d) COVERED FOREIGN MILITARY BASE DEFINED.—In this section, the term ‘‘covered foreign military base’’ means, with respect
to a foreign country that is an adversary of the United States,
a military base of that country located in a different country.
(e) SUNSET.—The requirement to provide briefings under subsection (a) shall terminate after the briefing required to be provided
by not later than February 15, 2025.

Classified
information.

22 USC 2656j.

SEC. 1299F. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY.

Deadline.

(a) STRATEGY AND COORDINATION.—Not later than six months
after the date of the enactment of this Act, the Secretary of State
shall—
(1) develop and submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a Department of State-wide strategy
entitled the ‘‘Department of State Strategy for Countering
White Identity Terrorism Globally’’ (in this section referred
to as the ‘‘strategy’’); and
(2) designate the Coordinator for Counterterrorism of the
Department to coordinate Department efforts to counter white
identity terrorism globally, including with United States diplomatic and consular posts, the Director of the National Counterterrorism Center, the Director of the Central Intelligence
Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, the Secretary of the
Treasury, and the heads of any other relevant Federal departments or agencies.
(b) ELEMENTS.—The strategy shall at a minimum contain the
following:
(1) An assessment of the global threat from white identity
terrorism abroad, including geographic or country prioritization
based on the assessed threat to the United States.
(2) A description of the coordination mechanisms between
relevant bureaus and offices within the Department of State,
as well as with United States diplomatic and consular posts,
for developing and implementing efforts to counter white
identity terrorism.
(3) A description of how the Department plans to build
on any existing strategy developed by the Bureau for Counterterrorism to—
(A) adapt or expand existing Department programs,
projects, activities, or policy instruments based on existing
authorities for the specific purpose of degrading and
delegitimizing the white identity terrorist movement globally; and
(B) identify the need for any new Department programs, projects, activities, or policy instruments for the
specific purpose of degrading and delegitimizing the white

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134 STAT. 4005

identity terrorist movement globally, including a description of the steps and resources necessary to establish any
such programs, projects, activities, or policy instruments,
noting whether such steps would require new authorities.
(4) Detailed plans for using public diplomacy, including
the efforts of the Secretary of State and other senior Executive
Branch officials, including the President, to degrade and
delegitimize white identity terrorist ideologues and ideology
globally, including by—
(A) countering white identity terrorist messaging and
supporting efforts to redirect potential supporters away
from white identity terrorist content online;
(B) exposing foreign government support for white
identity terrorist ideologies, objectives, ideologues, networks, organizations, and internet platforms;
(C) engaging with foreign governments and internet
service providers and other relevant technology entities,
to prevent or limit white identity terrorists from exploiting
internet platforms in furtherance of or in preparation for
acts of terrorism or other targeted violence, as well as
the recruitment, radicalization, and indoctrination of new
adherents to white identity terrorism; and
(D) identifying the roles and responsibilities for the
Office of the Under Secretary for Public Affairs and Public
Diplomacy and the Global Engagement Center in developing and implementing such plans.
(5) An outline of steps the Department is taking or will
take in coordination, as appropriate, with the Director of the
National Counterterrorism Center, the Director of the Central
Intelligence Agency, the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the Secretary
of the Treasury, and the heads of any other relevant Federal
departments or agencies to improve information and intelligence sharing with other countries on white identity terrorism
based on existing authorities by—
(A) describing plans for adapting or expanding existing
mechanisms for sharing information, intelligence, or
counterterrorism best practices, including facilitating the
sharing of information, intelligence, or counterterrorism
best practices gathered by Federal, State, and local law
enforcement; and
(B) proposing new mechanisms or forums that might
enable expanded sharing of information, intelligence, or
counterterrorism best practices.
(6) An outline of how the Department plans to use designation as a Specially Designated Global Terrorist (under Executive
Order No. 13224 (50 U.S.C. 1701 note)) and foreign terrorist
organization (pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)) to support the strategy,
including—
(A) an assessment and explanation of the utility of
applying or not applying such designations when individuals or entities satisfy the criteria for such designations;
and
(B) a description of possible remedies if such criteria
are insufficient to enable designation of any individuals

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Consultation.

Consultation.

Deadline.

Deadline.

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President.
Determinations.

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or entities the Secretary of State considers a potential
terrorist threat to the United States.
(7) A description of the Department’s plans, in consultation
with the Department of the Treasury, to work with foreign
governments, financial institutions, and other related entities
to counter the financing of white identity terrorists within
the parameters of current law, or if no such plans exist, a
description of why.
(8) A description of how the Department plans to implement
the strategy in conjunction with ongoing efforts to counter
the Islamic State, al-Qaeda, and other terrorist threats to the
United States.
(9) A description of how the Department will integrate
into the strategy lessons learned in the ongoing efforts to
counter the Islamic State, al-Qaeda, and other terrorist threats
to the United States.
(10) A identification of any additional resources or staff
needed to implement the strategy.
(c) INTERAGENCY COORDINATION.—The Secretary of State shall
develop the strategy in coordination with the Director of the
National Counterterrorism Center and in consultation with the
Director of the Central Intelligence Agency, the Attorney General,
the Director of National Intelligence, the Secretary of Homeland
Security, the Director of the Federal Bureau of Investigation, the
Secretary of the Treasury, and the heads of any other relevant
Federal departments or agencies.
(d) STAKEHOLDER INCLUSION.—The strategy shall be developed
in consultation with representatives of United States and international civil society and academic entities with experience
researching or implementing programs to counter white identity
terrorism.
(e) FORM.—The strategy shall be submitted in unclassified form
that can be made available to the public, but may include a classified annex if the Secretary of State determines such is appropriate.
(f) IMPLEMENTATION.—Not later than three months after the
submission of the strategy, the Secretary of State shall begin implementing the strategy.
(g) CONSULTATION.—Not later than 90 days after the date of
the enactment of this Act and not less often than annually thereafter, the Secretary of State shall consult with the Committee
on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development and implementation of the strategy.
(h) COUNTRY REPORTS ON TERRORISM.—The Secretary of State
shall incorporate all credible information about white identity terrorism, including regarding relevant attacks, the identification of
perpetrators and victims of such attacks, the size and identification
of organizations and networks, and the identification of notable
ideologues, in the annual country reports on terrorism submitted
pursuant to section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
(i) REPORT ON SANCTIONS.—
(1) IN GENERAL.—Not later than 120 days and again 240
days after the submission of each annual country report on
terrorism submitted pursuant to section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f), as modified in accordance with subsection (h),

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the President shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that determines whether the
foreign persons, organizations, and networks identified in such
annual country reports on terrorism as so modified, satisfy
the criteria to be designated as—
(A) foreign terrorist organizations under section 219
of the Immigration and Nationality Act (8 U.S.C. 1189);
or
(B) Specially Designated Global Terrorist under Executive Order No. 13224 (50 U.S.C. 1701 note).
(2) FORM.—Each determination required under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex, if appropriate.
(j) REQUIREMENT FOR INDEPENDENT STUDY TO MAP THE GLOBAL
WHITE IDENTITY TERRORISM MOVEMENT.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of State shall enter
into a contract with a federally funded research and development center with appropriate expertise and analytical capability to carry out the study described in paragraph (2).
(2) STUDY.—The study described in this paragraph shall
provide for a comprehensive social network analysis of the
global white identity terrorism movement to—
(A) identify key actors, organizations, and supporting
infrastructure; and
(B) map the relationships and interactions between
such actors, organizations, and supporting infrastructure.
(3) REPORT.—
(A) TO THE SECRETARY.—Not later than one year after
the date on which the Secretary of State enters into a
contract pursuant to paragraph (1), the federally funded
research and development center referred to in such subsection that has entered into such contract with the Secretary shall submit to the Secretary a report containing
the results of the study required under this section.
(B) TO CONGRESS.—Not later than 30 days after receipt
of the report under subparagraph (A), the Secretary of
State shall submit to the Committee of Foreign Affairs
of the House of Representatives and the Committee on
Foreign Relations of the Senate such report, together with
any additional views or recommendations of the Secretary.

Classified
information.

Deadline.
Contracts.

Analysis.

Recommendations.

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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.

(a) REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE
WITH RESPECT TO DENYING THE STRATEGIC GOALS OF A COMPETITOR
AGAINST A COVERED DEFENSE PARTNER.—
(1) IN GENERAL.—Not later than April 30, 2021, and
annually thereafter for 5 years, the Secretary of Defense shall
submit to the congressional defense committees a report on
the progress of the Department of Defense with respect to
improving the ability of the United States Armed Forces to
conduct combined joint operations to deny the strategic goals
of a competitor against a covered defense partner.

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(2) MATTERS TO BE INCLUDED.—Each report required by
paragraph (1) shall include the following:
(A) An explanation of the objectives for the United
States Armed Forces that would be necessary to deny the
strategic goals of a competitor against a covered defense
partner.
(B) An identification of joint warfighting capabilities
and current efforts to organize, train, and equip the United
States Armed Forces in support of the objectives explained
pursuant to paragraph (1), including—
(i) an assessment of whether the programs
included in the most recent future-years defense program submitted to Congress under section 221 of title
10, United States Code, are sufficient to enable the
United States Armed Forces to conduct combined joint
operations to achieve such objectives;
(ii) a description of additional investments or force
posture adjustments required to maintain or improve
the ability of the United States Armed Forces to conduct combined joint operations to achieve such objectives;
(iii) a description of the manner in which the Secretary of Defense intends to develop and integrate
Army, Navy, Air Force, Marine Corps, and Space Force
operational concepts to maintain or improve the ability
of the United States Armed Forces to conduct combined
joint operations to achieve such objectives; and
(iv) an assessment of the manner in which different
options for pre-delegating authorities may improve the
ability of the United States Armed Forces to conduct
combined joint operations to achieve such objectives.
(C) An assessment of options for deterring limited use
of nuclear weapons by a competitor in the Indo-Pacific
region without undermining the ability of the United States
Armed Forces to maintain deterrence against other
competitors or adversaries.
(D) An assessment of a competitor theory of victory
for invading and unifying a covered defense partner with
such competitor by military force.
(E) A description of the military objectives a competitor
would need to achieve strategic goals.
(F) A description of the military missions a strategic
competitor would need to achieve strategic goals,
including—
(i) blockade and bombing operations;
(ii) amphibious landing operations; or
(iii) combat operations.
(G) An assessment of competing demands on a competitor’s resources and how such demands impact such competitor’s ability to achieve strategic goals.
(H) An assessment of the self-defense capabilities of
covered defense partners and a summary of defense articles
and services that are required to enhance such capability.
(I) An assessment of the capabilities of partner and
allied countries to conduct combined operations with the
United States Armed Forces in a regional contingency.

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Assessments.

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134 STAT. 4009

(3) FORM.—Each report required by paragraph (1) shall
be submitted in classified form but may include an unclassified
executive summary.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘competitor’’ means a country identified as
a strategic competitor in the ‘‘Summary of the 2018 National
Defense Strategy of the United States of America: Sharpening
the American Military’s Competitive Edge’’ issued by the
Department of Defense pursuant to section 113 of title 10,
United States Code.
(2) The term ‘‘covered defense partner’’ means a partner
identified in the ‘‘Department of Defense Indo-Pacific Strategy
Report’’ issued on June 1, 2019, that is located within 100
miles off the coast of a strategic competitor.
(3) The term ‘‘strategic goals’’ means, with respect to a
competitor, a strategy designed to allow the competitor to rapidly use military force to effectively control the territory of
a covered defense partner before the United States Armed
Forces are able to respond.

Classified
information.

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SEC. 1299H. COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE PEOPLE’S REPUBLIC OF CHINA, THE
RUSSIAN FEDERATION, AND THE UNITED STATES.

(a) STUDIES REQUIRED.—
(1) DEPARTMENT OF DEFENSE STUDY.—Not later than 270
days after the date of the enactment of this Act, the Secretary
of Defense shall complete a comparative study on the defense
budgets of the People’s Republic of China, the Russian Federation, and the United States.
(2) INDEPENDENT STUDY.—
(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
offer to enter into an agreement with an entity independent
of the Department of Defense to conduct a comparative
study on the defense budgets of the People’s Republic of
China, the Russian Federation, and the United States,
to be completed not later than 270 days after the date
on which the offer to enter into the agreement is made.
(B) FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTER.—The entity described in subparagraph (A) shall
be a federally funded research and development center.
(3) GOAL.—The goal of the studies required by paragraphs
(1) and (2) shall be to develop a methodologically sound set
of assumptions to underpin a comparison of the defense
spending of the People’s Republic of China, the Russian Federation, and the United States.
(b) ELEMENTS.—
(1) IN GENERAL.—Each study required by subsection (a)
shall do the following:
(A) Determine the amounts invested by each subject
country across functional categories for spending,
including—
(i) defense-related research and development;
(ii) weapons procurement from domestic and foreign sources;
(iii) operations and maintenance;
(iv) pay and benefits; and

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Analyses.

Determination.

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(v) military pensions.
(B) Consider the effects of purchasing power parity
and market exchange rates, particularly on nontraded
goods.
(C) Consider differences in the relative prices and
quality of goods within each subject country.
(D) Compare the quality of labor and benefits for the
defense workforce of each subject country.
(E) Account for discrepancies in the manner in which
each subject country accounts for certain functional types
of defense-related spending.
(F) Explicitly estimate the magnitude of omitted
spending from official defense budget information.
(G) Describe direct, indirect, and burden-sharing contributions made by host countries to each subject country,
including contributions for—
(i) labor costs;
(ii) military construction projects;
(iii) labor, utilities, facilities, and costs omitted;
(iv) costs associated with training and operations;
and
(v) any other purpose the Secretary considers
appropriate.
(H) Analyze the budget impact of geographical considerations and forward-deployed forces.
(I) Exclude spending related to veterans’ benefits.
(2) ADDITIONAL ELEMENT FOR INDEPENDENT STUDY.—In
addition to the elements described in paragraph (1), the independent study required by subsection (a)(2) shall analyze best
practices for quantifying and evaluating the comparative military expenditures of each subject country for defense-related
databases and research.
(c) CONSIDERATIONS.—The studies required by subsection (a)
may take into consideration the following:
(1) The effects of state-owned enterprises on the defense
expenditures of the People’s Republic of China and the Russian
Federation.
(2) The role of differing acquisition policies and structures
with respect to the defense expenditures of each subject country.
(3) Any other matter relevant to evaluating the resources
dedicated to the defense spending or the various militaryrelated outlays of the People’s Republic of China and the Russian Federation.
(d) REPORTS.—
(1) IN GENERAL.—Not later than 60 days after the date
on which each study required by subsection (a) is completed,
the Secretary shall submit to the appropriate committees of
Congress a report on the results of the applicable study,
together with the views of the Secretary on such study.
(2) FORM.—Each report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,

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134 STAT. 4011

and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs, and
the Permanent Select Committee on Intelligence of the
House of Representatives.

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SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM.

(a) ASSESSMENT.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State and the Secretary of Energy, shall
enter into an arrangement with the National Academy of Sciences—
(1) to conduct an assessment of strategies of the United
States for preventing, countering, and responding to nuclear,
biological, and chemical terrorism; and
(2) to make recommendations to improve such strategies.
(b) MATTERS TO BE INCLUDED.—The assessment and recommendations required by subsection (a) shall address the adequacy
of strategies described in such subsection and identify technical,
policy, and resource gaps with respect to—
(1) identifying national and international nuclear,
biological, and chemical risks, and critical emerging threats;
(2) preventing state-sponsored and non-state actors from
acquiring or misusing the technologies, materials, and critical
expertise needed to carry out nuclear, biological, and chemical
attacks, including dual-use technologies, materials, and expertise;
(3) countering efforts by state-sponsored and non-state
actors to carry out such attacks;
(4) responding to nuclear, biological, and chemical terrorism
incidents to attribute their origin and help manage their consequences;
(5) budgets likely to be required to implement effectively
such strategies; and
(6) other important matters that are directly relevant to
such strategies.
(c) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
that contains the assessment and recommendations required
by subsection (a).
(2) FORM.—The report required by this subsection shall
be submitted in unclassified form, but may contain a classified
annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Affairs, Committee on Armed
Services, and Permanent Select Committee on Intelligence of
the House of Representatives; and
(2) the Committee on Foreign Relations, Committee on
Armed Services, and Select Committee on Intelligence of the
Senate.

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Contracts.

Recommendations.

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information.

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PUBLIC LAW 116–283—JAN. 1, 2021

10 USC 113 note.

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’’.

Deadline.

(a) REVIEW.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives any available
results of the review requested on October 3, 2016, by the Secretary
of Defense of compliance of all relevant Department of Defense
orders, rules of engagement, directives, regulations, policies, practices, and procedures, with the ‘‘Principles Related to the Protection
of Medical Care Provided by Impartial Humanitarian Organizations
During Armed Conflicts’’.
(b) ADDITIONAL REQUIREMENT.—The Secretary of Defense shall
continue to ensure that all Department of Defense orders, rules
of engagement, directives, regulations, policies, practices, and procedures that were reviewed as described in subsection (a), including
any other guidance, training, or standard operating procedures
relating to the protection of health care during armed conflict,
are consistent with the ‘‘Principles Related to the Protection of
Medical Care Provided by Impartial Humanitarian Organizations
During Armed Conflicts’’.
SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.

(a) IN GENERAL.—Prior to the transfer of any vehicles by the
Department of Defense to a joint task force of the Ministry of
Defense or the Ministry of the Interior of Guatemala during fiscal
year 2021, the Secretary of Defense shall certify to the appropriate
congressional committees that such ministries have made a credible
commitment to use such equipment only for the uses for which
they were intended.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of
the Senate.
10 USC 342 note.

SEC. 1299L. FUNCTIONAL CENTER FOR SECURITY STUDIES IN IRREGULAR WARFARE.

(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees a report that assesses the
merits and feasibility of establishing and administering a
Department of Defense Functional Center for Security Studies
in Irregular Warfare.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:

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Assessments.

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134 STAT. 4013

(A) A description of the benefits to the United States,
and the allies and partners of the United States, of establishing such a functional center, including the manner in
which the establishment of such a functional center would
enhance and sustain focus on, and advance knowledge and
understanding of, matters of irregular warfare, including
cybersecurity, nonstate actors, information operations,
counterterrorism, stability operations, and the hybridization of such matters.
(B) A detailed description of the mission and purpose
of such a functional center, including applicable policy guidance from the Office of the Secretary of Defense.
(C) An analysis of appropriate reporting and liaison
relationships between such a functional center and—
(i) the geographic and functional combatant commands;
(ii) other Department of Defense stakeholders; and
(iii) other government and nongovernment entities
and organizations.
(D) An enumeration and valuation of criteria applicable
to the determination of a suitable location for such a functional center.
(E) A description of the establishment and operational
costs of such a functional center, including for—
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary of Defense considers
appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military installations,
existing regional centers, interagency facilities, and universities and other academic and research institutions that
could reduce the costs described in subparagraph (E).
(G) An examination of partnership opportunities with
United States allies and partners for potential collaboration
and burden sharing.
(H) A description of potential courses and programs
that such a functional center could carry out, including—
(i) core, specialized, and advanced courses;
(ii) planning workshops and structured after-action
reviews or debriefs;
(iii) seminars;
(iv) initiatives on executive development, relationship building, partnership outreach, and any other
matter the Secretary of Defense considers appropriate;
and
(v) focused academic research and studies in support of Department priorities.
(I) A description of any modification to title 10, United
States Code, or any other provision of law, necessary for
the effective establishment and administration of such a
functional center.
(3) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) ESTABLISHMENT.—

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Criteria.
Determination.

Evaluation.

Examination.

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PUBLIC LAW 116–283—JAN. 1, 2021
(1) IN GENERAL.—Not earlier than 30 days after the submittal of the report required by subsection (a), and subject
to the availability of appropriated funds, the Secretary of
Defense may establish and administer a Department of Defense
Functional Center for Security Studies in Irregular Warfare.
(2) TREATMENT AS A REGIONAL CENTER FOR SECURITY
STUDIES.—A Department of Defense Functional Center for Security Studies in Irregular Warfare established under paragraph
(1) shall be operated and administered in the same manner
as the Department of Defense Regional Centers for Security
Studies under section 342 of title 10, United States Code,
and in accordance with such regulations as the Secretary of
Defense may prescribe.
(3) LIMITATION.—No other institution or element of the
Department may be designated as a Department of Defense
functional center, except by an Act of Congress.
(4) LOCATION.—The location of a Department of Defense
Functional Center for Security Studies in Irregular Warfare
established under paragraph (1) shall be selected based on
an objective, criteria-driven administrative or competitive
award process.

Time period.

SEC.

Consultation.

Evaluation.

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1299M.

UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY
COOPERATION WITHIN THE UNITED STATES-ISRAEL
DEFENSE ACQUISITION ADVISORY GROUP.

(a) REQUIREMENT.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of State, shall take actions within the United
States-Israel Defense Acquisition Advisory Group that may be
necessary—
(A) to systematically evaluate and share potential
options to develop and acquire intelligence-informed military requirements that directly support warfighting
capabilities of both the Department of Defense and the
Ministry of Defense of Israel; and
(B) to develop, as feasible and advisable, combined
United States-Israel plans to research, develop, procure,
and field weapon systems and military capabilities as
quickly and economically as possible to meet common capability requirements of the Department and the Ministry
of Defense of Israel.
(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed as requiring the establishment or termination of any existing United States defense activity, group,
program, or partnership with Israel.
(b) BILATERAL COORDINATION.—To enhance cooperation and
encourage military-to-military engagement on operations and technology, the Secretary of Defense, in consultation with other appropriate Cabinet members, shall take appropriate actions to consult
and cooperate with the Government of Israel on the requirements.
(c) ESTABLISHMENT OF WORKING GROUP WITHIN THE UNITED
STATES-ISRAEL DEFENSE ACQUISITION ADVISORY GROUP.—The Secretary of Defense, in consultation with the appropriate heads of
other Federal agencies, may establish, under the United States
vice chairman of the United States-Israel Defense Acquisition
Advisory Group, a working group to address operations and technology matters described in subsection (a)(1).

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134 STAT. 4015

(d) REPORTS.—
(1) IN GENERAL.—Not later than March 15 each year
through 2025, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the appropriate committees of Congress a report on any actions taken by the Secretary
of Defense pursuant to the requirements in subsection (a)(1).
(2) ELEMENTS.—Each report required by paragraph (1)
shall include the following:
(A) A description of any science and technology effort
or research, development, test, and evaluation effort considered, facilitated, or recommended by the United StatesIsrael Defense Acquisition Advisory Group, including any
effort that results in a United States or Israel program
of record.
(B) A description of military capabilities the United
States-Israel Defense Acquisition Advisory Group has
determined should be pursued through a defense cooperation effort between the Government of the United States
and the Government of Israel.
(C) A description of any science and technology effort
or research, development, test, and evaluation effort facilitated and recommended by the United States-Israel
Defense Acquisition Advisory Group, in support of the
development of the military capabilities referred to in
subparagraph (B), including any effort that results in a
United States or Israel program of record.
(D) A description of any obstacle or challenge associated with an effort described in subparagraph (B) and
the plan of the United States-Israel Defense Acquisition
Advisory Group to address such obstacle or challenge.
(E) A description of the efforts of the United StatesIsrael Defense Acquisition Advisory Group to prevent the
People’s Republic of China or the Russian Federation from
obtaining intellectual property or military technology associated with combined United States and Israel science and
technology efforts and research, development, test, and
evaluation efforts.
(F) A list of potential areas the United States-Israel
Defense Acquisition Advisory Group is considering for
cooperation on defense issues.
(G) A description of any authority or authorization
of appropriations required for the United States-Israel
Defense Acquisition Advisory Group to carry out the purposes described in subsection (a)(1).
(3) FORM.—Each report required by paragraph (1) shall
be submitted in unclassified form and shall include a classified
annex in which the elements required under subparagraphs
(B) and (E) of paragraph (2) and any additional classified
information, as determined by the Secretary of Defense, shall
be addressed.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
subsection, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and

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PUBLIC LAW 116–283—JAN. 1, 2021
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1299N. PAYMENT OF PASSPORT FEES FOR CERTAIN INDIVIDUALS.

Subsection (c) of section 452 of title 37, 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) Passport and visa fees required for foreign travel.’’.
SEC. 1299O. RESUMPTION OF PEACE CORPS OPERATIONS.

Deadline.

Not later than 90 days after the date of enactment of this
Act, the Director of the Peace Corps shall submit to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report that describes
the efforts of the Peace Corps to—
(1) offer a return to service to each Peace Corps volunteer
and trainee whose service ended on March 15, 2020 (or earlier,
in the case of volunteers who were serving in China or Mongolia), due to the COVID–19 public health emergency;
(2) obtain approval from countries, to the extent safe and
appropriate, to return volunteers and trainees to countries of
service, predicated on the ability for volunteers and trainees
to return safely and legally;
(3) provide adequate measures necessary for the safety
and health of volunteers and trainees and develop contingency
plans in the event overseas operations are disrupted by future
COVID–19 outbreaks;
(4) develop and maintain a robust volunteer cohort; and
(5) identify any need for anticipated additional appropriations or new statutory authorities and the changes in global
conditions that would be necessary to achieve the goal of safely
enrolling 7,300 Peace Corps volunteers during the 1-year period
beginning on the date on which Peace Corps operations resume.
SEC. 1299P. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
it is in the interest of the United States to promote global internet
freedom by countering internet censorship and repressive surveillance and protect the internet as a platform for the free exchange
of ideas, promotion of human rights and democracy, and advancement of a free press and to support efforts that prevent the deliberate misuse of the internet to repress individuals from exercising
their rights to free speech and association, including countering
the use of such technologies by authoritarian regimes.
(b) ESTABLISHMENT.—The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting
after section 309 the following new section:

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22 USC 6208a.

‘‘SEC. 309A. OPEN TECHNOLOGY FUND.

‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—Grants authorized under section 305
shall be available to make annual grants for the purpose of
promoting, consistent with United States law, unrestricted
access to uncensored sources of information via the internet

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134 STAT. 4017

to enable journalists, including journalists employed by or affiliated with the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks,
the Office of Cuba Broadcasting, or any entity funded by or
partnering with the United States Agency for Global Media,
to create and disseminate, and for their audiences to receive,
news and information consistent with the purposes, standards,
and principles specified in sections 302 and 303.
‘‘(2) ESTABLISHMENT.—There is established a grantee entity
to be known as the ‘Open Technology Fund’, which shall carry
out the provisions of this section.
‘‘(b) FUNCTIONS OF THE GRANTEE.—In furtherance of the mission set forth in subsection (a), the Open Technology Fund shall
seek to advance freedom of the press and unrestricted access to
the internet in repressive environments oversees, and shall—
‘‘(1) research, develop, implement, and maintain—
‘‘(A) technologies that circumvent techniques used by
authoritarian governments, nonstate actors, and others to
block or censor access to the internet, including circumvention tools that bypass internet blocking, filtering, and other
censorship techniques used to limit or block legitimate
access to content and information; and
‘‘(B) secure communication tools and other forms of
privacy and security technology that facilitate the creation
and distribution of news and enable audiences to access
media content on censored websites;
‘‘(2) advance internet freedom by supporting private and
public sector research, development, implementation, and
maintenance of technologies that provide secure and uncensored
access to the internet to counter attempts by authoritarian
governments, nonstate actors, and others to improperly restrict
freedom online;
‘‘(3) research and analyze emerging technical threats and
develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage
of the United States Government over authoritarian governments, nonstate actors, and others;
‘‘(4) develop, acquire, and distribute requisite internet
freedom technologies and techniques for the United States
Agency for Global Media, including as set forth in paragraph
(1), and digital security interventions, to fully enable the creation and distribution of digital content between and to all
users and regional audiences;
‘‘(5) prioritize programs for countries the governments of
which restrict freedom of expression on the internet, and that
are important to the national interest of the United States,
and are consistent with section 7050(b)(2)(C) of the Further
Consolidated Appropriations Act, 2020 (Public Law 116–94);
and
‘‘(6) carry out any other effort consistent with the purposes
of this Act or press freedom overseas if requested or approved
by the United States Agency for Global Media.
‘‘(c) METHODOLOGY.—In carrying out subsection (b), the Open
Technology Fund shall—
‘‘(1) support fully open-source tools, code, and components,
to the extent practicable, to ensure such supported tools and

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134 STAT. 4018

Review.
Update.

Review.

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Contracts.

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technologies are as secure, transparent, and accessible as possible, and require that any such tools, components, code, or
technology supported by the Open Technology Fund remain
fully open-source, to the extent practicable;
‘‘(2) support technologies that undergo comprehensive security audits to ensure that such technologies are secure and
have not been compromised in a manner detrimental to the
interest of the United States or to individuals and organizations
benefitting from programs supported by the Open Technology
Fund;
‘‘(3) review and update periodically as necessary security
auditing procedures used by the Open Technology Fund to
reflect current industry security standards;
‘‘(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
‘‘(5) solicit project proposals through an open, transparent,
and competitive application process to attract innovative
applications and reduce barriers to entry;
‘‘(6) seek input from technical, regional, and subject matter
experts from a wide range of relevant disciplines, to review,
provide feedback, and evaluate proposals to ensure the most
competitive projects are funded;
‘‘(7) implement an independent review process, through
which proposals are reviewed by such experts to ensure the
highest degree of technical review and due diligence;
‘‘(8) maximize cooperation with the public and private sectors, as well as foreign allies and partner countries, to maximize
efficiencies and eliminate duplication of efforts; and
‘‘(9) utilize any other methodology approved by the United
States Agency for Global Media in furtherance of the mission
of the Open Technology Fund.
‘‘(d) GRANT AGREEMENT.—Any grant agreement with or grants
made to the Open Technology Fund under this section shall be
subject to the following limitations and restrictions:
‘‘(1) The headquarters of the Open Technology Fund and
its senior administrative and managerial staff shall be located
in a location which ensures economy, operational effectiveness,
and accountability to the United States Agency for Global
Media.
‘‘(2) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant funds
be used only for activities consistent with this section, and
that failure to comply with such requirements shall permit
the grant to be terminated without fiscal obligation to the
United States.
‘‘(3) Any grant agreement under this section shall require
that any contract entered into by the Open Technology Fund
shall specify that all obligations are assumed by the grantee
and not by the United States Government.
‘‘(4) Any grant agreement under this section shall require
that any lease agreements entered into by the Open Technology
Fund shall be, to the maximum extent possible, assignable
to the United States Government.
‘‘(5) Administrative and managerial costs for operation of
the Open Technology Fund should be kept to a minimum and,
to the maximum extent feasible, should not exceed the costs

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4019

that would have been incurred if the Open Technology Fund
had been operated as a Federal entity rather than as a grantee.
‘‘(6) Grant funds may not be used for any activity the
purpose of which is influencing the passage or defeat of legislation considered by Congress.
‘‘(e) RELATIONSHIP TO THE UNITED STATES AGENCY FOR GLOBAL
MEDIA.—
‘‘(1) IN GENERAL.—The Open Technology Fund shall be
subject to the same oversight and governance by the United
States Agency for Global Media as other grantees of the Agency
as set forth in section 305.
‘‘(2) ASSISTANCE.—The United States Agency for Global
Media, its broadcast entities, and the Open Technology Fund
should render assistance to each other as may be necessary
to carry out the purposes of this section or any other provision
of this Act.
‘‘(3) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—
Nothing in this section may be construed to make the Open
Technology Fund a Federal agency or instrumentality.
‘‘(4) DETAILEES.—Under the Intergovernmental Personnel
Act, employees of a grantee of the United States Agency for
Global Media may be detailed to the Agency, and Federal
employees may be detailed to a grantee of the United States
Agency for Global Media.
‘‘(f) RELATIONSHIP TO OTHER UNITED STATES GOVERNMENTFUNDED INTERNET FREEDOM PROGRAMS.—The United States Agency
for Global Media shall ensure that internet freedom research and
development projects of the Open Technology Fund are coordinated
with internet freedom programs of the Department of State and
other relevant United States Government departments, in order
to share information and best-practices relating to the implementation of subsections (b) and (c).
‘‘(g) REPORTING REQUIREMENTS.—
‘‘(1) ANNUAL REPORT.—The Open Technology Fund shall
highlight, in its annual report, internet freedom activities,
including a comprehensive assessment of the Open Technology
Fund’s activities relating to the implementation of subsections
(b) and (c). Each such report shall include the following:
‘‘(A) An assessment of the current state of global internet freedom, including trends in censorship and surveillance technologies and internet shutdowns, and the threats
such pose to journalists, citizens, and human rights and
civil-society organizations.
‘‘(B) A description of the technology projects supported
by the Open Technology Fund and the associated impact
of such projects in the prior year, including the countries
and regions in which such technologies were deployed,
and any associated metrics indicating audience usage of
such technologies, as well as future-year technology project
initiatives.
‘‘(2) ASSESSMENT OF THE EFFECTIVENESS OF THE OPEN TECHNOLOGY FUND.—Not later than two years after the date of
the enactment of this section, the Inspector General of the
Department of State and the Foreign Service shall submit
to the appropriate congressional committees a report on the
following:

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134 STAT. 4020

22 USC 6203
note.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(A) Whether the Open Technology Fund is technically
sound and cost effective.
‘‘(B) Whether the Open Technology Fund is satisfying
the requirements of this section.
‘‘(C) The extent to which the interests of the United
States are being served by maintaining the work of the
Open Technology Fund.
‘‘(h) AUDIT AUTHORITIES.—
‘‘(1) IN GENERAL.—Financial transactions of the Open Technology Fund, as such relate to functions carried out under
this section, may be audited by the Government Accountability
Office in accordance with such principles and procedures and
under such rules and regulations as may be prescribed by
the Comptroller General of the United States. Any such audit
shall be conducted at the place or places at which accounts
of the Open Technology Fund are normally kept.
‘‘(2) ACCESS BY GAO.—The Government Accountability
Office shall have access to all books, accounts, records, reports,
files, papers, and property belonging to or in use by the Open
Technology Fund pertaining to financial transactions as may
be necessary to facilitate an audit. The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents,
and custodians. All such books, accounts, records, reports, files,
papers, and property of the Open Technology Fund shall remain
in the possession and custody of the Open Technology Fund.
‘‘(3) EXERCISE OF AUTHORITIES.—Notwithstanding any other
provision of law, the Inspector General of the Department of
State and the Foreign Service is authorized to exercise the
authorities of the Inspector General Act of 1978 with respect
to the Open Technology Fund.’’.
(c) CONFORMING AMENDMENTS.—The United States International Broadcasting Act of 1994 is amended—
(1) in section 304(d) (22 U.S.C. 6203(d)), by inserting ‘‘the
Open Technology Fund,’’ before ‘‘the Middle East Broadcasting
Networks’’;
(2) in sections 305 and 310 (22 U.S.C. 6204 and 6209),
by inserting ‘‘the Open Technology Fund,’’ before ‘‘or the Middle
East Broadcasting Networks’’ each place such term appears;
and
(3) in section 310 (22 U.S.C. 6209), by inserting ‘‘the Open
Technology Fund,’’ before ‘‘and the Middle East Broadcasting
Networks’’ each place such term appears.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Open Technology Fund $25,000,000 for
fiscal year 2022 to carry out section 309A of the United States
International Broadcasting Act of 1994, as added by subsection
(b) of this section.
(e) EFFECTIVE DATE.—Section 309A of the United States International Broadcasting Act of 1994 (as added by subsection (b)
of this section) and subsections (c) and (d) of this section shall
take effect and apply beginning on July 1, 2021.

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SEC. 1299Q. UNITED STATES AGENCY FOR GLOBAL MEDIA.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Office of Cuba Broadcasting should—

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134 STAT. 4021

(1) remain an independent entity of the United States
Agency for Global Media; and
(2) continue taking steps to ensure that the Office is fulfilling its core mission of promoting freedom and democracy
by providing the people of Cuba with objective news and
information programming.
(b) STANDARDS AND PRINCIPLES.—Section 303 of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6202)
is amended—
(1) in subsection (a), by inserting ‘‘, including editorial
independence’’ before the semicolon at the end; and
(2) in subsection (b), by inserting ‘‘, including editorial
independence,’’ after ‘‘programing’’.
(c) AUTHORITIES OF THE CHIEF EXECUTIVE OFFICER; LIMITATION
ON CORPORATE LEADERSHIP OF GRANTEES.—Section 305 of the
United States International Broadcasting Act of 1994 (22 U.S.C.
6204) is amended—
(1) in subsection (a)—
(A) in paragraph (20), by inserting ‘‘in accordance with
subsection (c)’’ before the period at the end;
(B) in paragraph (21)—
(i) by striking ‘‘including with Federal officials,’’;
and
(ii) by inserting ‘‘in accordance with subsection
(c)’’ before the period at the end;
(C) by adding at the end the following new paragraph:
‘‘(23) To—
‘‘(A) require annual content reviews of each language
service of Voice of America, The Office of Cuba Broadcasting, and each grantee network, consisting of a review
of at least 10 percent of available unique weekly content
from any selected week from the previous year, which
shall be conducted, to the extent practicable, by fluent
language speakers and experts without direct affiliation
to the language service being reviewed, who are seeking
any evidence of inappropriate or unprofessional content,
which shall be submitted to the Office of Policy Research,
the head and Board of the respective language service,
and the Chief Executive Officer;
‘‘(B) submit to the appropriate congressional committees a list of anomalous reports, including status updates
on anomalous services during the 3-year period commencing on the date of receipt of the first report of biased,
unprofessional, or otherwise problematic content.″; and
‘‘(C) launch a review, using external, native-language
and regional experts, the results of which are to be reported
to the appropriate congressional committees, if a widespread pattern of violations of the principles, standards,
or journalistic code of ethics of a language service or
grantee network has been identified.’’; and
(2) by adding at the end the following new subsection:
‘‘(c) LIMITATION ON CORPORATE LEADERSHIP OF GRANTEES.—
‘‘(1) IN GENERAL.—The Chief Executive Officer may not
award any grant under subsection (a) to RFE/RL, Inc., Radio
Free Asia, the Middle East Broadcasting Networks, the Open
Technology Fund, or any other grantee authorized under this
title (collectively referred to as ‘Agency Grantee Networks’)

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134 STAT. 4022

Appointments.
President.

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President.

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unless the incorporation documents of any such grantee require
that the corporate leadership and Board of Directors of such
grantee be selected in accordance with this Act.
‘‘(2) CONFLICTS OF INTEREST.—
‘‘(A) CHIEF EXECUTIVE OFFICER.—The Chief Executive
Officer may not serve on any of the corporate boards of
any grantee under subsection (a).
‘‘(B) FEDERAL EMPLOYEES.—A full-time employee of a
Federal agency may not serve on a corporate board of
any grantee under subsection (a).
‘‘(3) QUALIFICATIONS OF GRANTEE BOARD MEMBERS.—
Individuals appointed under subsection (a) to the Board of
Directors of any of the Agency Grantee Networks shall have
requisite expertise in journalism, technology, broadcasting, or
diplomacy, or appropriate language or cultural understanding
relevant to the grantee’s mission.’’.
(d) INTERNATIONAL BROADCASTING ADVISORY BOARD.—Section
306 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6205) is amended—
(1) by striking subsections (a) through (c) and inserting
the following:
‘‘(a) IN GENERAL.—The International Broadcasting Advisory
Board (referred to in this section as the ‘Advisory Board’) shall
advise the Chief Executive Officer of the United States Agency
for Global Media, as appropriate. The Advisory Board as established
shall exist within the executive branch as an entity described in
section 104 of title 5, United States Code.
‘‘(b) COMPOSITION OF THE ADVISORY BOARD.—
‘‘(1) IN GENERAL.—The Advisory Board shall consist of
seven members, of whom—
‘‘(A) six shall be appointed by the President, by and
with the advice and consent of the Senate, in accordance
with subsection (c); and
‘‘(B) one shall be the Secretary of State.
‘‘(2) CHAIR.—The President shall designate, with the advice
and consent of the Senate, one of the members appointed under
paragraph (1)(A) as Chair of the Advisory Board.
‘‘(3) PARTY LIMITATION.—Not more than three members
of the Advisory Board appointed under paragraph (1)(A) may
be affiliated with the same political party.
‘‘(4) TERMS OF OFFICE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), members of the Advisory Board shall serve for a single
term of 4 years, except that, of the first group of members
appointed under paragraph (1)(A)—
‘‘(i) two members who are not affiliated with the
same political party, shall be appointed for terms
ending on the date that is 2 years after the date
of the enactment of the U.S. Agency for Global Media
Reform Act;
‘‘(ii) two members who are not affiliated with the
same political party, shall be appointed for terms
ending on the date that is 4 years after the date
of the enactment of the U.S. Agency for Global Media
Reform Act; and
‘‘(iii) two members who are not affiliated with the
same political party, shall be appointed for terms

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134 STAT. 4023

ending on the date that is 6 years after the date
of the enactment of the U.S. Agency for Global Media
Reform Act.
‘‘(B) SECRETARY OF STATE.—The Secretary of State
shall serve as a member of the Advisory Board for the
duration of his or her tenure as Secretary of State.
‘‘(5) VACANCIES.—
‘‘(A) IN GENERAL.—The President shall appoint, with
the advice and consent of the Senate, additional members
to fill vacancies on the Advisory Board occurring before
the expiration of a term.
‘‘(B) TERM.—Any members appointed pursuant to
subparagraph (A) shall serve for the remainder of such
term.
‘‘(C) SERVICE BEYOND TERM.—Any member whose term
has expired shall continue to serve as a member of the
Advisory Board until a qualified successor has been
appointed and confirmed by the Senate.
‘‘(D) SECRETARY OF STATE.—When there is a vacancy
in the office of Secretary of State, the Acting Secretary
of State shall serve as a member of the Advisory Board
until a new Secretary of State is appointed.’’;
(2) by redesignating subsection (d) as subsection (c);
(3) by amending subsection (c), as redesignated—
(A) in the subsection heading, by inserting
‘‘ADVISORY’’ before ‘‘BOARD’’; and
(B) in paragraph (2), by inserting ‘‘who are’’ before
‘‘distinguished’’; and
(4) by striking subsections (e) and (f) and inserting the
following new subsections:
‘‘(d) FUNCTIONS OF THE ADVISORY BOARD.—The members of
the Advisory Board shall—
‘‘(1) provide the Chief Executive Officer of the United States
Agency for Global Media with advice and recommendations
for improving the effectiveness and efficiency of the Agency
and its programming;
‘‘(2) meet with the Chief Executive Officer at least four
times annually, including twice in person as practicable, and
at additional meetings at the request of the Chief Executive
Officer or the Chair of the Advisory Board;
‘‘(3) report periodically, or upon request, to the congressional committees specified in subsection (c)(2) regarding its
advice and recommendations for improving the effectiveness
and efficiency of the United States Agency for Global Media
and its programming;
‘‘(4) obtain information from the Chief Executive Officer,
as needed, for the purposes of fulfilling the functions described
in this subsection;
‘‘(5) consult with the Chief Executive Officer regarding
budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress;
‘‘(6) advise the Chief Executive Officer to ensure that—
‘‘(A) the Chief Executive Officer fully respects the
professional integrity and editorial independence of United
States Agency for Global Media broadcasters, networks,
and grantees; and

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President.
Appointments.

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Consultation.

22 USC 6203.

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‘‘(B) agency networks, broadcasters, and grantees
adhere to the highest professional standards and ethics
of journalism, including taking necessary actions to uphold
professional standards to produce consistently reliable and
authoritative, accurate, objective, and comprehensive news
and information; and
‘‘(7) provide other strategic input to the Chief Executive
Officer.
‘‘(e) APPOINTMENT OF HEADS OF NETWORKS.—
‘‘(1) IN GENERAL.—The heads of Voice of America, the Office
of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the
Middle East Broadcasting Networks, the Open Technology
Fund, or of any other grantee authorized under this title may
only be appointed or removed if such action has been approved
by a majority vote of the Advisory Board.
‘‘(2) REMOVAL.—After consulting with the Chief Executive
Officer, five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network
described in paragraph (1).
‘‘(3) QUORUM.—
‘‘(A) IN GENERAL.—A quorum shall consist of four members of the Advisory Board (excluding the Secretary of
State).
‘‘(B) DECISIONS.—Except as provided in paragraph (2),
decisions of the Advisory Board shall be made by majority
vote, a quorum being present.
‘‘(C) CLOSED SESSIONS.—The Advisory Board may meet
in closed sessions in accordance with section 552b of title
5, United States Code.
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—Members of the Advisory Board, while
attending meetings of the Advisory Board or while engaged
in duties relating to such meetings or in other activities of
the Advisory Board under this section (including travel time)
shall be entitled to receive compensation equal to the daily
equivalent of the compensation prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
‘‘(2) TRAVEL EXPENSES.—While away from their homes or
regular places of business, members of the Board may be
allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons
in the Government service employed intermittently.
‘‘(3) SECRETARY OF STATE.—The Secretary of State is not
entitled to any compensation under this title, but may be
allowed travel expenses in accordance with paragraph (2).
‘‘(g) SUPPORT STAFF.—The Chief Executive Officer shall, from
within existing United States Agency for Global Media personnel,
provide the Advisory Board with an Executive Secretary and such
administrative staff and support as may be necessary to enable
the Advisory Board to carry out subsections (d) and (e).’’.
(e) CONFORMING AMENDMENTS.—The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended—
(1) in section 304—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4025

(A) in the section heading, by striking ‘‘BROADCASTING
inserting ‘‘UNITED STATES

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BOARD OF GOVERNORS’’ and
AGENCY FOR GLOBAL MEDIA’’;

(B) in subsection (a), by striking ‘‘Broadcasting Board
of Governors’’ and inserting ‘‘United States Agency for
Global Media’’;
(C) in subsection (b)(1), by striking ‘‘Broadcasting
Board of Governors’’ and inserting ‘‘United States Agency
for Global Media’’; and
(D) in subsection (c), by striking ‘‘Board’’ each place
such term appears and inserting ‘‘Agency’’;
(2) in section 305—
(A) in subsection (a)—
(i) in paragraph (6), by striking ‘‘Board’’ and
inserting ‘‘Agency’’;
(ii) in paragraph (13), by striking ‘‘Board’’ and
inserting ‘‘Agency’’;
(iii) in paragraph (20), by striking ‘‘Board’’ and
inserting ‘‘Agency’’; and
(iv) in paragraph (22), by striking ‘‘Board’’ and
inserting ‘‘Agency’’;
(B) in subsection (b), by striking ‘‘Board’’ each place
such term appears and inserting ‘‘Agency’’;
(3) in section 308—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Board’’ and inserting ‘‘Agency’’;
(B) in subsection (b), by striking ‘‘Board’’ each place
such term appears and inserting ‘‘Agency’’;
(C) in subsection (d), by striking ‘‘Board’’ and inserting
‘‘Agency’’;
(D) in subsection (g), by striking ‘‘Board’’ each place
such term appears and inserting ‘‘Agency’’;
(E) in subsection (h)(5), by striking ‘‘Board’’ and
inserting ‘‘Agency’’; and
(F) in subsection (i), in the first sentence, by striking
‘‘Board’’ and inserting ‘‘Agency’’;
(4) in section 309—
(A) in subsection (c)(1), by striking ‘‘Board’’ each place
such term appears and inserting ‘‘Agency’’;
(B) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘Board’’ and inserting ‘‘Agency’’;
(C) in subsection (f), by striking ‘‘Board’’ each place
such term appears and inserting ‘‘Agency’’; and
(D) in subsection (g), by striking ‘‘Board’’ and inserting
‘‘Agency’’;
(5) in section 310(d), by striking ‘‘Board’’ and inserting
‘‘Agency’’;
(6) in section 310A(a), by striking ‘‘Broadcasting Board
of Governors’’ and inserting ‘‘United States Agency for Global
Media’’;
(7) in section 310B, by striking ‘‘Board’’ and inserting
‘‘Agency’’;
(8) by striking section 312;
(9) in section 313(a), in the matter preceding paragraph
(1), by striking ‘‘Board’’ and inserting ‘‘Agency’’;
(10) in section 314—

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22 USC 6204.

22 USC 6207.

22 USC 6208.

22 USC 6209.
22 USC 6209a.

22 USC 6209b.
22 USC 6211.
22 USC 6212.
22 USC 6213.

PUBL283

134 STAT. 4026

Definitions.

22 USC 6216.

PUBLIC LAW 116–283—JAN. 1, 2021

(A) by striking ‘‘(4) the terms ‘Board and Chief Executive Officer of the Board’ means the Broadcasting Board
of Governors’’ and inserting the following:
‘‘(2) the terms ‘Agency’ and ‘Chief Executive Officer of
the Agency’ mean the United States Agency for Global Media
and the Chief Executive Officer of the United States Agency
for Global Media, respectively,’’; and
(B) in paragraph (3)—
(i) by striking ‘‘includes—’’ and inserting ‘‘means
the corporation having the corporate title described
in section 308’’; and
(ii) by striking subparagraphs (A) and (B); and
(11) in section 316—
(A) in subsection (a)(1), by striking ‘‘Broadcasting
Board of Governors’’ and inserting ‘‘United States Agency
for Global Media’’; and
(B) in subsection (c), by striking ‘‘Broadcasting Board
of Governors’’ and inserting ‘‘United States Agency for
Global Media’’.
(f) SAVINGS PROVISIONS.—Section 310 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended
by adding at the end the following new subsections:
‘‘(f) MAINTENANCE OF PROPRIETARY INFORMATION.—No consolidation of grantees authorized under subsection (a) involving any
grantee shall result in any legal transfer of ownership of any
proprietary information or intellectual property to the United State
Agency for Global Media or any other Federal entity.
‘‘(g) RULE OF CONSTRUCTION.—No consolidation of grantees
authorized under subsection (a) shall result in the consolidation
of the Open Technology Fund or any successor entity with any
other grantee.’’.

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SEC. 1299R. LEVERAGING INFORMATION ON FOREIGN TRAFFICKERS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the annual Trafficking In Persons Report prepared by
the Department of State pursuant to the Trafficking Victims
Protection Act of 2000 (the ‘‘TIP Report’’) remains one of the
most comprehensive, timely, and important sources of information on human trafficking in the world, and currently includes
187 individual country narratives;
(2) in January 2019, the statute mandating the TIP Report
was amended to require that each report must cover efforts
and activities occurring within the period from April 1 of the
prior year through March 31 of the current year, which necessarily requires the collection and transmission of information
after March 31;
(3) ensuring that the Department of State has adequate
time to receive, analyze, and incorporate trafficking-related
information into its annual Trafficking In Persons Report is
important to the quality and comprehensiveness of that report;
(4) information regarding prevalence and patterns of
human trafficking is important for understanding the scourge
of modern slavery and making effective decisions about where
and how to combat it; and
(5) United States officials responsible for monitoring and
combating trafficking in persons around the world should
receive available information regarding where and how often

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4027

United States diplomatic and consular officials encounter persons who are responsible for, or who knowingly benefit from,
severe forms of trafficking in persons.
(b) ANNUAL DEADLINE FOR TRAFFICKING IN PERSONS REPORT.—
Section 110(b)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(1)) is amended by striking ‘‘June 1’’ and inserting
‘‘June 30’’.
(c) UNITED STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING.—
(1) EXTENSION.—Section 115(h) of the Justice for Victims
of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243)
is amended by striking ‘‘September 30, 2021’’ and inserting
‘‘September 30, 2025’’.
(2) COMPENSATION.—Section 115(f) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat.
243) is amended—
(A) in paragraph (1), by striking ‘‘and’’ after the semicolon at the end;
(B) in paragraph (2), by striking the period at end
and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) may each receive compensation for each day such
member is engaged in the actual performance of the duties
of the Council.’’.
(3) COMPENSATION REPORT.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of State
shall provide to the relevant congressional committees a plan
to implement compensation for members of the United States
Advisory Council on Human Trafficking pursuant to paragraph
(3) of section 115(f) of the Justice for Victims of Trafficking
Act of 2015 (Public Law 114–22; 129 Stat. 243), as added
by paragraph (2).
(d) TIMELY PROVISION OF INFORMATION TO THE OFFICE TO MONITOR AND COMBAT TRAFFICKING IN PERSONS OF THE DEPARTMENT
OF STATE.—
(1) IN GENERAL.—Section 106 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104) is amended by adding
at the end the following new subsection:
‘‘(l) INFORMATION REGARDING HUMAN TRAFFICKING-RELATED
VISA DENIALS.—
‘‘(1) IN GENERAL.—The Secretary of State shall ensure that
the Office to Monitor and Combat Trafficking in Persons and
the Bureau of Diplomatic Security of the Department of State
receive timely and regular information regarding United States
visa denials based, in whole or in part, on grounds related
to human trafficking.
‘‘(2) DECISIONS REGARDING ALLOCATION.—The Secretary of
State shall ensure that decisions regarding the allocation of
resources of the Department of State related to combating
human trafficking and to law enforcement presence at United
States diplomatic and consular posts appropriately take into
account—
‘‘(A) the information described in paragraph (1); and
‘‘(B) the information included in the most recent report
submitted in accordance with section 110(b).’’.

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(2) CONFORMING AMENDMENT.—Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is
amended by adding at the end the following new paragraph:
‘‘(18) GROUNDS RELATED TO HUMAN TRAFFICKING.—The
term ‘grounds related to human trafficking’ means grounds
related to the criteria for inadmissibility to the United States
described in subsection (a)(2)(H) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182).’’.
(e) REPORTS TO CONGRESS.—
(1) INITIAL REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall provide
to the relevant congressional committees a report that—
(A) describes the actions that have been taken and
that are planned to implement subsection (l) of section
106 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104), as added by subsection (d)(1); and
(B) identifies by country and by United States diplomatic or consular post the number of visa applications
denied during the previous calendar year with respect to
which the basis for such denial, included grounds related
to human trafficking (as such term is defined in section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102), as amended by subsection (d)(2)).
(2) ANNUAL REPORT.—Beginning with the first annual antitrafficking report that is required under subsection (b)(1) of
section 110 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107) to be submitted after the date of the enactment
of this Act, and concurrent with each such subsequent submission for the following 7 years, the Secretary of State shall
submit to the relevant congressional committees a report that
contains information relating to the number and the locations
of United States visa denials based, in whole or in part, on
grounds related to human trafficking (as such term is defined
in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102), as amended by subsection (d)(2)) during
the period covered by each such annual anti-trafficking report.
(f) DEFINITIONS.—In this section:
(1) LOCATION OF UNITED STATES VISA DENIALS.—The term
‘‘location of United States visa denials’’ means—
(A) the United States diplomatic or consular post at
which a denied United States visa application was adjudicated; and
(B) the city or locality of residence of the applicant
whose visa application was so denied.
(2) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means—
(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.

Definition.

22 USC 7104
note.

10 USC 101 note.
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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1299S. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY
FORCE.

Nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force.

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134 STAT. 4029

TITLE XIII—COOPERATIVE THREAT
REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat reduction funds.
SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE
THREAT REDUCTION FUNDS.

(a) FUNDING ALLOCATION.—Of the $360,190,000 authorized to
be appropriated to the Department of Defense for fiscal year 2021
in section 301 and made available by the funding table in division
D for the Department of Defense Cooperative Threat Reduction
Program established under section 1321 of the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical weapons destruction, $11,806,000.
(3) For global nuclear security, $35,852,000.
(4) For cooperative biological engagement, $225,396,000.
(5) For proliferation prevention, $60,064,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $24,148,000.
(b) SPECIFICATION OF COOPERATIVE THREAT REDUCTION
FUNDS.—Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2021, 2022, and 2023.

TITLE XIV—OTHER AUTHORIZATIONS
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.

Subtitle A—Military Programs

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SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds, as specified in the funding
table in section 4501.

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134 STAT. 4030

PUBLIC LAW 116–283—JAN. 1, 2021

SEC.

1402.

CHEMICAL
DEFENSE.

AGENTS

AND

MUNITIONS

DESTRUCTION,

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2021 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in
the funding table in section 4501.
(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the Defense Health Program for use of the Armed Forces
and other activities and agencies of the Department of Defense
for providing for the health of eligible beneficiaries, as specified
in the funding table in section 4501.

Subtitle B—Armed Forces Retirement
Home
SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year
2021 from the Armed Forces Retirement Home Trust Fund the
sum of $70,300,000 for the operation of the Armed Forces Retirement Home.

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SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED
FORCES RETIREMENT HOME.

(a) EXPANSION OF ELIGIBILITY.—Section 1512(a) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)) is
amended—
(1) in the matter preceding paragraph (1), by striking
‘‘active’’ in the first sentence;
(2) in paragraph (1), by striking ‘‘are 60 years of age
or over and’’; and
(3) by adding the following new paragraph:

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134 STAT. 4031

‘‘(5) Persons who are eligible for retired pay under chapter
1223 of title 10, United States Code, and are—
‘‘(A) eligible for care under section 1710 of title 38,
United States Code;
‘‘(B) enrolled in coverage under chapter 55 of title
10, United States Code; or
‘‘(C) enrolled in a qualified health plan (as defined
in section 1301(a) of the Patient Protection and Affordable
Care Act (42 U.S.C. 18021(a))) that is acceptable to the
Chief Operating Officer.’’.
(b) PARITY OF FEES AND DEDUCTIONS.—Section 1514(c) of such
Act (24 U.S.C. 414(c)) is amended—
(1) by amending paragraph (2) to read as follows:
‘‘(2)(A) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments)
received by a resident. The percentage shall be the same for each
facility of the Retirement Home. The Secretary of Defense may
make any adjustment in a percentage that the Secretary determines
appropriate.
‘‘(B) The calculation of monthly income and monthly payments
under subparagraph (A) for a resident eligible under section
1512(a)(5) shall not be less than the retirement pay for equivalent
active duty service as determined by the Chief Operating Officer,
except as the Chief Operating Officer may provide because of the
compelling personal circumstances of such resident.’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) The Administrator of each facility of the Retirement Home
may collect a fee upon admission from a resident accepted under
section 1512(a)(5) equal to the deductions then in effect under
section 1007(i)(1) of title 37, United States Code, for each year
of service computed under chapter 1223 of title 10, United States
Code, and shall deposit such fee in the Armed Forces Retirement
Home Trust Fund.’’.
(c) CONFORMING AMENDMENT.—Section 1007(i)(3) of title 37,
United States Code, is amended by striking ‘‘Armed Forces Retirement Home Board’’ and inserting ‘‘Chief Operating Officer of the
Armed Forces Retirement Home’’.

Determination.

SEC. 1413. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT
HOME FACILITIES BY NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION.

(a) IN GENERAL.—Section 1518 of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 418) is amended to read as follows:

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‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.

‘‘(a) INSPECTIONS.—The Chief Operating Officer shall request
the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with
section 1511(g) on a frequency consistent with the standards of
such organization.
‘‘(b) AVAILABILITY OF STAFF AND RECORDS.—The Chief Operating Officer and the Administrator of a facility being inspected
under this section shall make all staff, other personnel, and records
of the facility available to the civilian accrediting organization in
a timely manner for purposes of inspections under this section.
‘‘(c) REPORTS.—Not later than 60 days after receiving a report
on an inspection from the civilian accrediting organization under

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134 STAT. 4032

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PUBLIC LAW 116–283—JAN. 1, 2021

this section, the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory
Council a report containing—
‘‘(1) the results of the inspection; and
‘‘(2) a plan to address any recommendations and other
matters set forth in the report.’’.
(b) CONFORMING AMENDMENTS.—The Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 401 et seq.) is further amended
as follows:
(1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by striking
‘‘(including requirements identified in applicable reports of the
Inspector General of the Department of Defense)’’.
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))—
(A) by striking ‘‘shall—’’ and all that follows through
‘‘provide for’’ and inserting ‘‘shall provide for’’;
(B) by striking ‘‘; and’’ and inserting a period; and
(C) by striking subparagraph (B).
(3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by striking
‘‘the Inspector General of the Department of Defense,’’.
(c) CLERICAL AMENDMENT.—The table of contents set forth in
section 1501(b) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 401 note) is amended by striking the item related to
section 1518 and inserting the following:
‘‘Sec. 1518. Periodic inspection of Retirement Home facilities.’’.

Subtitle C—Other Matters

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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.

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated by section 1405 and available for the Defense
Health Program for operation and maintenance, $137,000,000 may
be transferred by the Secretary of Defense to the Joint Department
of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84; 123 Stat. 2571). For purposes of subsection
(a)(2) of such section 1704, any funds so transferred shall be treated
as amounts authorized and appropriated specifically for the purpose
of such a transfer.
(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations of
the Captain James A. Lovell Federal Health Care Center, consisting
of the North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility under an operational agreement
covered by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4500).

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134 STAT. 4033

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.

Subtitle A—Authorization of
Appropriations
SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for
the Department of Defense for fiscal year 2021 to provide additional
funds for overseas contingency operations being carried out by
the Armed Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
SEC. 1503. PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year
2021 for procurement accounts for the Army, the Navy and the
Marine Corps, the Air Force and the Space Force, and Defensewide activities, as specified in the funding table in section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in
section 4202.

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SEC. 1505. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, as specified in the
funding table in section 4302.

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134 STAT. 4034

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1506. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, military personnel accounts, as specified in the funding
table in section 4402.
SEC. 1507. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds, as specified in the funding
table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise
provided for, for the Defense Health Program, as specified in the
funding table in section 4502.

Subtitle B—Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.

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Determination.

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(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2021 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—The total amount of authorizations that
the Secretary may transfer under the authority of this subsection may not exceed $2,000,000,000.
(b) TERMS AND CONDITIONS.—Transfers under this section shall
be subject to the same terms and conditions as transfers under
section 1001.

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(c) ADDITIONAL AUTHORITY.—The transfer authority provided
by this section is in addition to the transfer authority provided
under section 1001.

Subtitle C—Other Matters

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SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.

(a) CONTINUATION OF PRIOR AUTHORITIES AND NOTICE AND
REPORTING REQUIREMENTS.—Funds available to the Department
of Defense for the Afghanistan Security Forces Fund for fiscal
year 2021 shall be subject to the conditions contained in—
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110–181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577)
(as amended by subsection (b)).
(b) EXTENSION OF PRIOR NOTICE AND REPORTING REQUIREMENTS.—Section 1521(d)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577)
is amended by striking ‘‘through January 31, 2021’’ and inserting
‘‘through January 31, 2023’’.
(c) EQUIPMENT DISPOSITION.—
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that
is procured using amounts authorized to be appropriated for
the Afghanistan Security Forces Fund by this Act and is
intended for transfer to the security forces of the Ministry
of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, but is not accepted by such security
forces.
(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before
accepting any equipment under the authority provided under
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such equipment
was procured for the purpose of meeting requirements of the
security forces of the Ministry of Defense and the Ministry
of Interior Affairs of the Government of Afghanistan, as agreed
to by both the Government of Afghanistan and the U.S. Government, but is no longer required by such security forces or
was damaged before transfer to such security forces.
(3) ELEMENTS OF DETERMINATION.—In making a determination under paragraph (2) regarding equipment, the Commander
of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary.
An explanation of each determination, including the basis for
the determination and the alternatives considered, shall be
included in the relevant quarterly report required under paragraph (5).
(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—
Equipment accepted under the authority provided under paragraph (1) may be treated as stocks of the Department of Defense
upon notification to the congressional defense committees of
such treatment.
(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—

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134 STAT. 4036

(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act and every 90 days thereafter during the period in which the authority provided
under paragraph (1) is exercised, the Secretary shall submit
to the congressional defense committees a report describing
the equipment accepted during the period covered by such
report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law
114–328; 130 Stat. 2575).
(iii) Section 1531(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law
114–92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291; 128 Stat.
3613).
(v) Section 1531(d) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law
113–66; 127 Stat. 938; 10 U.S.C. 2302 note).
(B) ELEMENTS.—Each report under subparagraph (A)
shall include, with respect to the 90-day period for which
the report is submitted—
(i) a list of any equipment accepted during such
period and treated as stocks of the Department of
Defense; and
(ii) copies of any determinations made under paragraph (2) during such period, as required under paragraph (3).
(d) SECURITY OF AFGHAN WOMEN.—
(1) IN GENERAL.—Of the funds available to the Department
of Defense for the Afghanistan Security Forces Fund for fiscal
year 2021, it is the goal that $29,100,000, but in no event
less than $10,000,000, shall be used for programs and activities
for—
(A) the recruitment, integration, retention, training,
and treatment of women in the Afghan National Defense
and Security Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(2) TYPES OF PROGRAMS AND ACTIVITIES.—Such programs
and activities may include—
(A) efforts to recruit and retain women into the Afghan
National Defense and Security Forces, including the special
operations forces;
(B) programs and activities of the Directorate of
Human Rights and Gender Integration of the Ministry
of Defense and the Office of Human Rights, Gender, and
Child Rights of the Ministry of Interior Affairs of the
Government of Afghanistan;
(C) development and dissemination of gender and
human rights educational and training materials and programs within the Ministry of Defense and the Ministry
of Interior Affairs of the Government of Afghanistan;

List.

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Records.

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134 STAT. 4037

(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security
Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National
Defense and Security Forces, including appropriate equipment for female security and police forces, remediation,
renovation, and protection of facilities used by women,
and transportation for policewomen to their station;
(F) support for Afghanistan National Police Family
Response Units;
(G) security provisions for high-profile female police
and military officers;
(H) programs to promote conflict prevention, management, and resolution through the meaningful participation
of Afghan women in the Afghan National Defense and
Security Forces, by exposing Afghan women and girls to
the activities of and careers available with such forces,
encouraging their interest in such careers, or developing
their interest and skills necessary for service in such forces;
and
(I) enhancements to Afghan National Defense and
Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female
recruits.
(e) ASSESSMENT OF AFGHANISTAN PROGRESS ON OBJECTIVES.—
(1) ASSESSMENT REQUIRED.—Not later than March 1, 2021,
the Secretary of Defense, in consultation with the Secretary
of State, shall submit to the Committee on Armed Services
and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate an assessment
describing—
(A) the progress of the Government of Afghanistan
toward meeting shared security objectives, including specific milestones achieved since the date on which the assessment required under section 1520(d)(1) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1716) was submitted; and
(B) the efforts of the Government of Afghanistan to
manage, employ, and sustain the equipment and inventory
provided under subsection (a).
(2) MATTERS TO BE INCLUDED.—The assessment required
under paragraph (1) shall include each of the following:
(A) The progress made by the Government of Afghanistan toward increased accountability and the reduction of
corruption within the Ministry of Defense and the Ministry
of Interior Affairs of such Government.
(B) The extent to which the capability and capacity
of the Afghan National Defense and Security Forces have
improved as a result of Afghanistan Security Forces Fund
investment, including through training, and an articulation
of the metrics used to assess such improvements.
(C) The extent to which the Afghan National Defense
and Security Forces have been successful in—
(i) defending territory, re-taking territory, and disrupting attacks;

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134 STAT. 4038

(ii) reducing the use of Aghan National Defense
and Security Forces checkpoints; and
(iii) curtailing the use of Afghan Special Security
Forces for missions that are better suited to general
purpose forces.
(D) The distribution practices of the Afghan National
Defense and Security Forces and whether the Government
of Afghanistan has ensured that supplies, equipment, and
weaponry supplied by the United States are appropriately
distributed to, and employed by, security forces.
(E) The extent to which the Government of Afghanistan
has designated the appropriate staff, prioritized the
development of relevant processes, and provided or
requested the allocation of resources necessary to support
a peace and reconciliation process in Afghanistan.
(F) A description of the ability of the Ministry of
Defense and the Ministry of Interior Affairs of the Government of Afghanistan to manage and account for previously
divested equipment, including a description of any
vulnerabilities or weaknesses of the internal controls of
such Ministries and any plan in place to address shortfalls.
(G) A description of any significant irregularities in
the divestment of equipment to the Afghan National
Defense and Security Forces during the period beginning
on May 1, 2020, and ending on March 1, 2021, including
any major losses of such equipment or any inability on
the part of the Afghan National Defense and Security
Forces to account for equipment procured during such
period.
(H) A description of the sustainment and maintenance
costs required during the five-year period beginning on
the date of the enactment of this Act, for major weapons
platforms previously divested, and a description of the plan
for the Afghan National Defense and Security Forces to
maintain such platforms in the future.
(I) The extent to which the Government of Afghanistan
has adhered to conditions for receiving assistance established in annual financial commitment letters or any other
bilateral agreements with the United States.
(J) The extent to which the Government of Afghanistan
or the Secretary of Defense has developed a plan to
integrate former Taliban fighters into the Ministry of
Defense or the Ministry of Interior Affairs of the Government of Afghanistan.
(K) Such other factors as the Secretaries consider
appropriate.
(3) FORM.—The assessment required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(4) WITHHOLDING OF ASSISTANCE FOR INSUFFICIENT
PROGRESS.—
(A) CERTIFICATION.—Not later than December 31, 2020,
the Secretary of Defense, in coordination with the Secretary
of State and pursuant to the assessment required under
paragraph (1), shall submit to the congressional defense
committees a certification indicating whether the Government of the Islamic Republic of Afghanistan has made

Time period.

Classified
information.

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Deadline.
Coordination.

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sufficient progress in the areas described in paragraph
(2).
(B) WITHHOLDING OF FUNDS.—If the Secretary of
Defense is unable to certify under subparagraph (A) that
the Government of Afghanistan has made sufficient
progress in the areas described in paragraph (2), the Secretary of Defense shall—
(i) withhold from expenditure and obligation an
amount that is not less than 5 percent and not more
than 15 percent of the amounts made available for
assistance for the Afghan National Defense and Security Forces for fiscal year 2021 until the date on which
the Secretary is able to so certify; and
(ii) notify the congressional defense committees not
later than 30 days before withholding such funds and
indicate each specific area of insufficient progress.
(C) WAIVER.—If the Secretary of Defense determines
that withholding assistance under this paragraph would
impede the national security objectives of the United States
by prohibiting, restricting, delaying, or otherwise limiting
the provision of assistance to the Afghan National Defense
and Security Forces for fiscal year 2021, the Secretary
may waive the withholding requirement under subparagraph (B) if the Secretary, in coordination with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before
the effective date of the waiver.
(f) ADDITIONAL REPORTING REQUIREMENTS.—The Secretary of
Defense shall include in the materials submitted in support of
the budget for fiscal year 2022 that is submitted by the President
under section 1105(a) of title 31, United States Code, each of the
following:
(1) The amount of funding provided in fiscal year 2020
through the Afghanistan Security Forces Fund to the Government of Afghanistan in the form of direct government-to-government assistance or on-budget assistance for the purposes of
supporting any entity of the Government of Afghanistan,
including the Afghan National Defense and Security Forces,
the Ministry of Defense, or the Ministry of Interior Affairs
of such Government.
(2) The amount of funding provided and anticipated to
be provided, as of the date of the submission of the materials,
in fiscal year 2021 through such Fund in such form.
(3) If the amount described in paragraph (2) exceeds the
amount described in paragraph (1)—
(A) an explanation as to why the amount described
in paragraph (2) is greater; and
(B) a detailed description of the specific entities and
purposes that were supported by such increase.

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Deadline.
Determination.
Coordination.
Certification.
Deadline.

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134 STAT. 4040

PUBLIC LAW 116–283—JAN. 1, 2021

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.
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.

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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.

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PUBLIC LAW 116–283—JAN. 1, 2021

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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.
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.

Subtitle A—Space Activities
SEC. 1601. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND TRANSFER TO SPACE FORCE.

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(a) IN GENERAL.—Chapter 908 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 9084. Space Development Agency
‘‘(a) IN GENERAL.—(1) There is a Space Development Agency
of the Department of Defense (in this section referred to as the
‘Agency’). The Director of the Space Development Agency shall
be the head of the Agency.
‘‘(2) Effective on October 1, 2022—
‘‘(A) the Agency shall be an element of the Space Force;
and
‘‘(B) the Director shall report—
‘‘(i) pursuant to section 9016(b)(6)(B)(iv)(III) of this
title, to the Assistant Secretary of the Air Force for Space
Acquisition and Integration with respect to acquisition
decisions; and
‘‘(ii) directly to the Chief of Space Operations with
respect to requirements decisions, personnel decisions, and
any other matter not covered by clause (i).
‘‘(b) DEVELOPMENT AND INTEGRATION AUTHORITIES.—The
Director shall lead—
‘‘(1) the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that uses proliferated low-Earth orbit systems and services;
‘‘(2) the integration of next-generation space capabilities,
such as novel sensors (including with respect to alternate
navigation, and autonomous battle management features), and
sensor and tracking components (including a hypersonic and
ballistic missile tracking space sensor payload pursuant to section 1645 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021), into the architecture
specified in paragraph (1) to address the requirements and
needs of the armed forces and combatant commands for such
capabilities;
‘‘(3) the procurement of commercial capabilities and services, including—
‘‘(A) options for integrating payloads on commercial
buses and spacecraft into existing commercial architectures; and

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‘‘(B) innovative commercial capabilities and services,
such as on-orbit servicing or in-space transportation systems, that could extend the life of space systems, rapidly
respond to threats, or contribute to resilience; and
‘‘(4) the rapid introduction, acquisition, and iteration of
cost-effective, resilient solutions that leverage planned and
existing commercial low-Earth orbit capabilities or innovative
capabilities.
‘‘(c) BUDGET MATERIALS AND PROGRAM ELEMENTS.—Beginning
not later than with respect to fiscal year 2023 and each fiscal
year thereafter—
‘‘(1) in the budget justification materials submitted to Congress in support of the Department of Defense budget for a
fiscal year (as submitted with the budget of the President
under section 1105(a) of title 31), the amount requested for
the activities of the Agency shall be separate from the other
activities of the Space Force; and
‘‘(2) the Secretary of Defense shall ensure that the programs
of the Agency are assigned program elements different from
other program elements of the Space Force.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 9083 the following new item:

Deadline.

10 USC 9081
prec.

‘‘9084. Space Development Agency.’’.

10 USC 9084
note.
Effective date.

(c) CONFORMING AMENDMENT.—Section 9016(b)(6)(B)(iv)(III) of
such title is amended by inserting before the period at the end
the following: ‘‘with respect to acquisition decisions’’.
(d) TRANSITION.—
(1) TRANSFER.—Effective on October 1, 2022, the Secretary
of Defense shall transfer the Space Development Agency from
the Office of the Secretary of Defense to the Space Force.
(2) FUNDING, DUTIES, RESPONSIBILITIES, AND PERSONNEL.—
Except as provided by section 9084 of title 10, United States
Code, the transfer under paragraph (1) of the Space Development Agency from the Office of the Secretary of Defense to
the Space Force shall include the transfer of the funding, duties,
responsibilities, and personnel of the Agency as of the day
before the date of the transfer.
SEC.

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Termination
date.

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1602.

PERSONNEL MANAGEMENT AUTHORITY FOR SPACE
DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND
ENGINEERING.

(a) PROGRAM AUTHORIZED FOR SPACE DEVELOPMENT AGENCY.—
Section 1599h(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(7) SDA.—The Director of the Space Development Agency
may carry out a program of personnel management authority
provided in subsection (b) in order to facilitate recruitment
of eminent experts in science or engineering for research and
development projects and to enhance the administration and
management of the Agency. The authority to carry out the
program under this paragraph shall terminate on December
31, 2025.’’.
(b) PERSONNEL MANAGEMENT AUTHORITY.—Section 1599h(b)(1)
of such title is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (E);

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(2) by inserting ‘‘and’’ after the semicolon at the end of
subparagraph (F); and
(3) by adding at the end the following new subparagraph:
‘‘(G) in the case of the Space Development Agency,
appoint individuals to a total of not more than 10 positions
in the Agency, of which not more than 3 such positions
may be positions of administration or management of the
Agency;’’.
SEC. 1603. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT
FROM NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

(a) IN GENERAL.—Section 2534(a) of title 10, United States
Code, as amended by section 845, is further amended by adding
at the end the following new paragraph:
‘‘(5) STAR TRACKER.—A star tracker used in a satellite
weighing more than 400 pounds whose principle purpose is
to support the national security, defense, or intelligence needs
of the United States Government.’’.
(b) CERTAIN EXEMPTION.—Paragraph (5) of section 2534(a) of
title 10, United States Code, as added by subsection (a) of this
section, shall not apply with respect to programs that have received
Milestone A approval (as defined in section 2431a of such title)
before October 1, 2021.
(c) CLARIFICATION OF DELEGATION AUTHORITY.—Subject to subsection (i) of section 2534 of title 10, United States Code, the
Secretary of Defense may delegate to a service acquisition executive
the authority to make a waiver under subsection (d) of such section
with respect to the limitation under subsection (a)(5) of such section,
as added by subsection (a) of this section.

10 USC 2534
note.

10 USC 2534
note.

SEC. 1604. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF SPACE COMMAND.

(a) CERTIFICATIONS REGARDING INTEGRATED TACTICAL WARNING
ATTACK ASSESSMENT MISSION OF THE AIR FORCE.—Section
1666(a) of National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328; 113 Stat. 2617) is amended by striking ‘‘Strategic Command’’ and inserting ‘‘Space Command’’.
(b) COUNCIL ON OVERSIGHT OF THE DEPARTMENT OF DEFENSE
POSITIONING, NAVIGATION, AND TIMING ENTERPRISE.—Section 2279b
of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) by redesignating paragraphs (7), (8), (9), and (10)
as paragraphs (8), (9), (10), and (11), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
‘‘(7) The Commander of the United States Space Command.’’; and
(2) in subsection (f), by striking ‘‘Strategic Command’’ each
place it appears and inserting ‘‘Space Command’’.
(c) JOINT INTERAGENCY COMBINED SPACE OPERATIONS
CENTER.—Section 605(e) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115–31; 131 Stat. 832; 10 U.S.C.
2271 note) is amended—
(1) in the subsection heading, by striking ‘‘JOINT INTERAGENCY COMBINED SPACE OPERATIONS CENTER’’ and inserting
‘‘NATIONAL SPACE DEFENSE CENTER’’;
(2) by striking ‘‘Strategic Command’’ each place it appears
and inserting ‘‘Space Command’’; and

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AND

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134 STAT. 4044

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(3) by striking ‘‘Joint Interagency Combined Space Operations Center’’ each place it appears and inserting ‘‘National
Space Defense Center’’.
(d) NATIONAL SECURITY SPACE SATELLITE REPORTING POLICY.—
Section 2278(a) of title 10, United States Code, is amended by
striking ‘‘Strategic Command’’ and inserting ‘‘Space Command’’.
(e) SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY
HIGH FREQUENCY PROGRAM.—Section 1612(a)(1) of the National
Defense Authorization Act for 2017 (Public Law 114–328; 130 Stat.
2590) is amended by striking ‘‘Strategic Command’’ and inserting
‘‘Space Command’’.
SEC. 1605. CLARIFICATION OF AUTHORITY FOR PROCUREMENT OF
COMMERCIAL SATELLITE COMMUNICATIONS SERVICES.

Effective date.

Plan.

10 USC 2273.

Section 957(c) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is
amended by adding at the end the following new paragraph:
‘‘(4) COMMERCIAL SATELLITE COMMUNICATIONS SERVICES.—
‘‘(A) AUTHORITY.—Beginning on the date specified in
subparagraph (B), the Service Acquisition Executive for
Space Systems and Programs shall be responsible for the
procurement of commercial satellite communications services for the Department of Defense.
‘‘(B) DATE SPECIFIED.—The date specified in this
subparagraph is the date that is 120 days after the date
on which the Service Acquisition Executive for Space Systems and Programs submits to the congressional defense
committees a plan for delegating the authority under
subparagraph (A) to a subordinate acquisition command
within the Space Force.
‘‘(C) RESPONSIBILITY DURING INTERIM PERIOD.—During
the period preceding the date specified in subparagraph
(B), the Chief of Space Operations shall be responsible
for the procurement of commercial satellite communications
services for the Department of Defense.’’.
SEC. 1606. NATIONAL SECURITY SPACE LAUNCH PROGRAM.

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(a) LAUNCH SERVICES AGREEMENT.—
(1) LIMITATION ON AMOUNTS.—Except as provided by paragraph (2), in carrying out the phase two acquisition strategy,
the Secretary of the Air Force may not obligate or expend
a total amount for a launch services agreement that is greater
than the amount specifically appropriated for the launch services agreement.
(2) USE OF REPROGRAMMING AND TRANSFER AUTHORITY.—
The Secretary may exceed the limitation under paragraph (1)
if the Secretary carries out a reprogramming or transfer for
such purpose in accordance with established procedures for
reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.
(b) REUSABILITY.—
(1) VALIDATION.—Not later than 18 months after the date
on which the Secretary determines the down-selected National
Security Space Launch providers, the Secretary shall—
(A) complete all non-recurring design validation of previously flown launch hardware for National Security Space
Launch providers offering such hardware for use in phase
two contracts; and

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134 STAT. 4045

(B) notify the appropriate congressional committees
that such design validation has been completed.
(2) REPORT.—Not later than 210 days after the date on
which the Secretary determines the down-selected National
Security Space Launch providers, the Secretary shall submit
to the appropriate congressional committees a report on the
progress of the Secretary with respect to completing all nonrecurring design validation of previously flown launch hardware
described in paragraph (1), including—
(A) a justification for any deviation from the new
entrant certification guide; and
(B) a description of such progress with respect to
National Security Space Launch providers that are not
down-selected National Security Space Launch providers,
if applicable.
(c) FUNDING AND STRATEGY FOR TECHNOLOGY DEVELOPMENT
FOR CERTIFICATION, INFRASTRUCTURE, AND INNOVATION.—
(1) AUTHORITY.—Pursuant to section 2371b of title 10,
United States Code, not later than September 30, 2021, the
Secretary of the Air Force shall enter into agreements described
in paragraph (3) with potential phase three National Security
Space Launch providers—
(A) to maintain competition in order to maximize the
likelihood of at least three National Security Space Launch
providers competing for phase three contracts; and
(B) to support innovation for national security
launches, including innovative technologies and systems
to further advance launch capability associated with the
insertion of national security payloads into relevant classes
of orbits.
(2) COMPETITIVE PROCEDURES.—The Secretary shall carry
out paragraph (1) by conducting a full and open competition
among all National Security Space Launch providers that plan
to submit bids for a phase three contract.
(3) AGREEMENTS.—An agreement described in this paragraph is an agreement that could provide value or technical
advances to phase three of the National Security Space Launch
program and that includes not more than $90,000,000 in fiscal
year 2021, subject to the availability of appropriations for such
purpose, for the provider to conduct either or both of the following activities:
(A) Develop enabling technologies to meet the certification and infrastructure requirements that are—
(i) unique to national security space missions; and
(ii) support the likely requirements of a phase
three contract.
(B) Develop transformational technologies in support
of the national security space launch capability for phase
three contracts (such as technologies regarding launch,
maneuver, and transport capabilities for enhanced resiliency and security technologies, technologies to support
progress toward phase three national security space
launches, or technologies to inform the National Security
Launch Architecture study of the Space Force).
(4) TECHNOLOGY DEVELOPMENT INVESTMENT STRATEGY.—
Not later than March 15, 2021, the Secretary shall submit

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Determination.

Deadline.
Contracts.

Contracts.

Deadline.

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Deadline.

Determination.

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Determination.

Time periods.

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to the appropriate congressional committees a strategy to support investments in technologies for phase three pursuant to
paragraph (1) that includes—
(A) the funding requirements for such strategy during
fiscal years 2022 through 2026;
(B) a schedule for investments toward phase three;
(C) associated milestones; and
(D) a planned schedule for awarding phase three contracts.
(5) REPORT.—Not later than 30 days after the date on
which the Secretary enters into an agreement under paragraph
(1), the Secretary shall submit to the appropriate congressional
committees a report explaining which enabling technologies
are funded under such agreement.
(d) BRIEFING.—Not later than March 15, 2021, and quarterly
thereafter through September 30, 2023, the Secretary shall provide
to the congressional defense committees a briefing on the progress
made by the Secretary in ensuring that full and open competition
exists for phase three contracts, including—
(1) a description of progress made to establish the requirements for phase three contracts, including such requirements
that the Secretary determines cannot be met by the commercial
market;
(2) whether the Secretary determines that additional
development funding will be necessary for such phase;
(3) a description of the estimated costs for the development
described in subparagraphs (A) and (B) of subsection (c)(3);
and
(4) how the Secretary will—
(A) ensure full and open competition for technology
development for phase three contracts; and
(B) maintain competition.
(e) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to delay the award of phase two contracts.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(2) The term ‘‘down-selected National Security Space
Launch provider’’ means a National Security Space Launch
provider that the Secretary of the Air Force selected to be
awarded phase two contracts.
(3) The term ‘‘phase three contract’’ means a contract
awarded using competitive procedures for launch services under
the National Security Space Launch program after fiscal year
2024.
(4) The term ‘‘phase two acquisition strategy’’ means the
process by which the Secretary of the Air Force enters into
phase two contracts during fiscal year 2020, orders launch
missions during fiscal years 2020 through 2024, and carries
out such launches under the National Security Space Launch
program.
(5) The term ‘‘phase two contract’’ means a contract
awarded during fiscal year 2020 using competitive procedures

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for launch missions ordered under the National Security Space
Launch program during fiscal years 2020 through 2024.
SEC. 1607. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES.

(a) PROCUREMENT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
procure commercial space domain awareness services by awarding
at least two contracts for such services.
(b) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021 for
the Office of the Secretary of the Air Force, not more than 75
percent may be obligated or expended until the date on which
the Secretary of Defense, without delegation, certifies to the congressional committees that the Secretary of the Air Force has awarded
the contracts under subsection (a).
(c) REPORT.—Not later than January 31, 2021, the Chief of
Space Operations, in coordination with the Secretary of the Air
Force, shall submit to the congressional defense committees a report
detailing the commercial space domain awareness services, data,
and analytics of objects in low-Earth orbit that have been purchased
during the two-year period preceding the date of the report. The
report shall be submitted in unclassified form.
(d) COMMERCIAL SPACE DOMAIN AWARENESS SERVICES
DEFINED.—In this section, the term ‘‘commercial space domain
awareness services’’ means space domain awareness data, processing software, and analytics derived from best-in-breed commercial capabilities to address warfighter requirements in low-Earth
orbit and fill gaps in current space domain capabilities of the
Space Force, including commercial capabilities to—
(1) provide conjunction and maneuver alerts;
(2) monitor breakup and launch events; and
(3) detect and track objects smaller than 10 centimeters
in size.

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SEC. 1608. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS.

(a) IN GENERAL.—The Secretary of Defense shall establish a
small launch and satellite policy to ensure responsive and reliable
access to space through the processing and launch of Department
of Defense small-class payloads.
(b) POLICY.—The policy under subsection (a) shall include, at
a minimum, providing resources and policy guidance to sustain—
(1) the availability of small-class payload launch service
providers using launch vehicles capable of delivering into space
small payloads designated by the Secretary of Defense as a
national security payload;
(2) a robust small-class payload space launch infrastructure
and industrial base, including small launch systems and small
satellite rideshare opportunities;
(3) the availability of rapid, responsive, and reliable space
launches for national security space programs to—
(A) improve the responsiveness and flexibility of a
national security space system;
(B) lower the costs of launching a national security
space system; and
(C) maintain risks to mission success at acceptable
levels;
(4) a minimum number of dedicated launches each year;
and

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10 USC 2271
note.
Deadline.

Coordination.
Time period.

10 USC 2273
note.

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(5) full and open competition, including small launch providers and rideshare opportunities.

10 USC 2271
note.

SEC. 1609. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS.

The Secretary of the Air Force shall implement a tactically
responsive space launch program—
(1) to provide long-term continuity for tactically responsive
space launch operations across the future-years defense program submitted to Congress under section 221 of title 10,
United States Code;
(2) to accelerate the development of—
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically responsive
space launch, including—
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and
communications; and
(4) to identify basing capabilities necessary to enable
tactically responsive space launch, including mobile launch
range infrastructure.
SEC. 1610. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE
PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE
SYSTEM RECEIVER DEVELOPMENT.

Certification.

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Briefing.

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Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Office of
the Secretary of the Air Force, not more than 80 percent may
be obligated or expended until the date on which the Secretary
of Defense—
(1) certifies to the congressional defense committees that
the Secretary of the Air Force is carrying out the program
required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
1724); and
(2) provides to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on how
the Secretary is implementing such program, including with
respect to addressing each element specified in subsection (b)
of such section.

10 USC 2281
note.

SEC. 1611. RESILIENT AND SURVIVABLE POSITIONING, NAVIGATION,
AND TIMING CAPABILITIES.

Deadline.

(a) IN GENERAL.—Not later than two years after the date of
the enactment of this Act, consistent with the timescale applicable
to joint urgent operational needs statements, the Secretary of
Defense shall—
(1) prioritize and rank order the mission elements, platforms, and weapons systems most critical for the operational
plans of the combatant commands;
(2) mature, test, and produce for such prioritized mission
elements sufficient equipment—
(A) to generate resilient and survivable alternative
positioning, navigation, and timing signals; and
(B) to process resilient survivable data provided by
signals of opportunity and on-board sensor systems; and

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(3) integrate and deploy such equipment into the prioritized
operational systems, platforms, and weapons systems.
(b) PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees a plan to commence carrying out subsection (a) in fiscal year 2021.
(2) REPROGRAMMING AND BUDGET PROPOSALS.—The plan
submitted under paragraph (1) may include any reprogramming
or supplemental budget request the Secretary considers necessary to carry out subsection (a).
(c) COORDINATION.—In carrying out this section, the Secretary
shall consult with the National Security Council, the Secretary
of Homeland Security, the Secretary of Transportation, and the
head of any other relevant Federal department or agency to enable
civilian and commercial adoption of technologies and capabilities
for resilient and survivable alternative positioning, navigation, and
timing capabilities to complement the global positioning system.

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Deadline.

Consultation.

SEC. 1612. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.

10 USC 441 note.

(a) IN GENERAL.—In acquiring geospatial intelligence, the Secretary of Defense and the Director of National Intelligence, in
coordination with the Director of the National Reconnaissance Office
and the Director of the National Geospatial-Intelligence Agency,
shall leverage, to the extent practicable, the capabilities of the
industry of the United States, including through the use of domestic
commercial geospatial-intelligence services and acquisition of
domestic commercial satellite imagery.
(b) OBTAINING FUTURE GEOSPATIAL-INTELLIGENCE DATA.—The
Director of the National Reconnaissance Office, as part of an analysis of alternatives for the future acquisition of space systems,
and the Director of the National Geospatial-Intelligence Agency,
as part of an analysis of alternatives for the future acquisition
of analysis tools for geospatial intelligence, shall each—
(1) consider whether there is a cost-effective domestic
commercial capability or service available that can meet any
or all of the geospatial-intelligence requirements of the Department of Defense, the intelligence community, or both;
(2) if a cost-effective domestic commercial capability or
service is available as described in paragraph (1)—
(A) give preference to using such domestic commercial
capability or service to meet requirements; and
(B) determine—
(i) whether it is in the national interest to develop
a governmental space system or service for geospatial
intelligence;
(ii) whether such a governmental space system
or service would be duplicative to such a domestic
commercial capability or service; and
(iii) the costs for developing such a governmental
space system or service; and
(3) include, as part of the established acquisition reporting
requirements to the appropriate congressional committees, any
determination made under paragraphs (1) and (2).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘acquisition of commercial satellite imagery’’
means the acquisition of satellite imagery derived from electro-

Coordination.

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Determination.

Determination.

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PUBLIC LAW 116–283—JAN. 1, 2021
optical, infrared, synthetic aperture radar, hyperspectral, and
radio frequency, data.
(2) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the Senate;
and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
(3) The term ‘‘commercial geospatial-intelligence services’’
means services including analytic tools, products, or data that
can describe, assess, and visually depict natural or manmade
features, objects, or activities that can be geographically referenced on the Earth, regardless of collection phenomenology.
(4) 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).

Deadlines.
Consultations.

SEC. 1613. STRATEGY TO STRENGTHEN CIVIL AND NATIONAL SECURITY CAPABILITIES AND OPERATIONS IN SPACE.

President.

(a) STRATEGY REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, the President, in consultation
with the National Space Council, shall develop a strategy to ensure
that the United States, as appropriate, strengthens civil and
national security capabilities and operations in space. Such strategy
shall include—
(1) a 10-year roadmap for the civil space and programs
that is able to leverage commercial gains in space capabilities;
(2) increasing partnerships with allies of the United States;
(3) ensuring a robust and secure supply chain and manufacturing processes for space capabilities while sustaining a skilled
workforce and leadership capabilities in support of such activities;
(4) ensuring freedom of navigation of space from potential
adversaries; and
(5) enhancing resilience of civil and national security space
operations.
(b) SUBMISSION OF STRATEGY AND PLAN.—Not later than one
year after the date of the enactment of this Act, the Chair of
the National Space Council, in consultation with relevant departments and agencies of the Federal Government, shall submit to
the appropriate congressional committees a report setting forth—
(1) the strategy under subsection (a); and
(2) a plan to implement such strategy.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Science, Space, and Technology of
the House of Representatives;
(3) the Committee on Foreign Affairs of the House of Representatives;
(4) the Committee on Energy and Commerce of the House
of Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives;

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Time period.

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134 STAT. 4051

(6) the Committee on Armed Services of the Senate;
(7) the Committee on Foreign Relations of the Senate;
(8) the Committee on Commerce, Science, and Transportation of the Senate; and
(9) the Select Committee on Intelligence of the Senate.

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SEC. 1614. REPORT AND STRATEGY ON SPACE COMPETITION WITH
CHINA.

(a) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the National Space Council shall
submit to the appropriate congressional committees an interagency assessment of the ability of the United States to compete
with the space programs of China.
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) A comparative assessment between the United
States and China on—
(i) human exploration and spaceflight capabilities;
(ii) the viability and potential environmental
impacts of extraction of space-based precious minerals,
onsite exploitation of space-based natural resources,
and the use of space-based solar power;
(iii) the strategic interest in and capabilities for
cislunar space; and
(iv) current and future space launch capabilities.
(B) The extent of foreign investment in the commercial
space sector of the United States, including venture capital
and other private equity investments that seek to work
with the Federal Government, and a description of due
diligence reviews of such investments conducted by the
Federal Government to mitigate threats by China.
(C) An assessment of the ability, role, costs, and
authorities of the Department of Defense to mitigate the
threats of commercial communications and navigation in
space from the growing counterspace capabilities of China.
(D) An assessment of how the activities of China are
impacting the national security of the United States with
respect to space, including—
(i) theft of United States intellectual property; and
(ii) efforts by China to seize control of critical
elements of the United States space industry supply
chain and United States space industry companies.
(E) An assessment of efforts by China to pursue
cooperative agreements with other nations to advance space
development.
(F) Recommendations to Congress, including recommendations with respect to any legislative proposals
to address threats by China to the United States national
space programs and the domestic commercial launch and
satellite industries.
(3) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) STRATEGY.—
(1) IN GENERAL.—Not later than one year after the date
on which the National Space Council submits the report under

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Assessments.

Recommendations.

Classified
information.

Deadline.
President.
Consultation.

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134 STAT. 4052

Coordination.
Classified
information.

PUBLIC LAW 116–283—JAN. 1, 2021

subsection (a), the President, in consultation with the National
Space Council, shall develop and submit to the appropriate
congressional committees a strategy to ensure the United States
can—
(A) compete with other national space programs;
(B) maintain leadership in the emerging commercial
space economy;
(C) identify market, regulatory, and other means to
address unfair competition from China based on the
findings of the report under subsection (a);
(D) leverage commercial space capabilities to ensure
the national security of the United States and the security
of the interests of the United States in space;
(E) protect the supply chains and manufacturing of
the United States critical to competitiveness in space; and
(F) coordinate with international allies and partners
in space.
(2) FORM.—The strategy required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Commerce, Science,
and Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Science, Space, and
Technology of the House of Representatives.

Subtitle B—Defense Intelligence and
Intelligence-Related Activities

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SEC. 1621. SAFETY OF NAVIGATION MISSION OF THE NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.

(a) MISSION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.—
Section 442 of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) by striking ‘‘means of navigating vessels of the
Navy and the merchant marine’’ and inserting ‘‘the means
for safe navigation’’; and
(B) by striking ‘‘and inexpensive nautical charts’’ and
all that follows and inserting ‘‘geospatial information for
use by the departments and agencies of the United States,
the merchant marine, and navigators generally.’’;
(2) in subsection (c)—
(A) by striking ‘‘shall prepare and’’ and inserting ‘‘shall
acquire, prepare, and’’;
(B) by striking ‘‘charts’’ and inserting ‘‘safe-for-navigation charts and datasets’’; and
(C) by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’;
and
(3) by adding at the end the following new subsection:
‘‘(f) VALIDATION.—The National Geospatial-Intelligence Agency
shall assist the Joint Chiefs of Staff, combatant commands, and

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134 STAT. 4053

the military departments in establishing, coordinating, consolidating, and validating mapping, charting, geomatics data, and
safety of navigation capability requirements through a formal
process governed by the Joint Staff. Consistent with validated
requirements, the National Geospatial-Intelligence Agency shall
provide aeronautical and nautical charts that are safe for navigation, maps, books, datasets, models, and geomatics products.’’.
(b) MAPS, CHARTS, AND BOOKS.—
(1) IN GENERAL.—Section 451 of title 10, United States
Code, is amended—
(A) in the heading, by striking ‘‘and books’’ and
inserting ‘‘books, and datasets’’;
(B) in paragraph (1), by striking ‘‘maps, charts, and
nautical books’’ and inserting ‘‘nautical and aeronautical
charts, topographic and geomatics maps, books, models,
and datasets’’; and
(C) by amending paragraph (2) to read as follows:
‘‘(2) acquire (by purchase, lease, license, or barter) all necessary rights, including copyrights and other intellectual property rights, required to prepare, publish, and furnish to navigators the products described in paragraph (1).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter II of chapter 22 of title 10, United
States Code, is amended by striking the item relating to section
451 and inserting the following new item:

10 USC 451 prec.

‘‘451. Maps, charts, books, and datasets.’’.

(c) EXCHANGE.—
(1) IN GENERAL.—Section 454 of title 10, United States
Code, is amended—
(A) in the heading, by striking ‘‘geodetic’’ and
inserting ‘‘geomatics’’; and
(B) by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’
each place it appears.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter II of chapter 22 of title 10, United
States Code, is amended by striking the item relating to section
454 and inserting the following new item:

10 USC 451 prec.

‘‘454. Exchange of mapping, charting, and geomatics data with foreign countries,
international organizations, nongovernmental organizations, and academic institutions.’’.

(d) PUBLIC AVAILABILITY.—
(1) IN GENERAL.—Section 455 of title 10, United States
Code, is amended—
(A) in the heading, by striking ‘‘geodetic’’ and
inserting ‘‘geomatics’’; and
(B) by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’
each place it appears.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter II of chapter 22 of title 10, United
States Code, is amended by striking the item relating to section
455 and inserting the following new item:

10 USC 451 prec.

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‘‘455. Maps, charts, and geomatics data: public availability; exceptions.’’.

(e) CIVIL ACTIONS BARRED.—Section 456 of title 10, United
States Code, is amended by striking subsections (a) and (b) and
inserting the following:

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10 USC 451 prec.

10 USC 441 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘No civil action may be brought against the United States
on the basis of the content of geospatial information prepared
or disseminated by the National Geospatial-Intelligence Agency.’’.
(f) DEFINITIONS.—Section 467 of title 10, United States Code,
is amended—
(1) in paragraph (4)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or about’’ after ‘‘boundaries on’’;
(B) in subparagraph (A), by striking ‘‘statistical’’; and
(C) in subparagraph (B)—
(i) by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’;
and
(ii) by inserting ‘‘and services’’ after ‘‘products’’;
and
(2) in paragraph (5), by inserting ‘‘or about’’ after ‘‘activities
on’’.
(g) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—The heading of subchapter II of chapter
22 of title 10, United States Code, is amended by striking
‘‘GEODETIC’’ and inserting ‘‘GEOMATICS’’.
(2) CLERICAL AMENDMENT.—The table of subchapters at
the beginning of chapter 22 of title 10, United States Code,
is amended in the matter relating to subchapter II by striking
‘‘Geodetic’’ and inserting ‘‘Geomatics’’.
SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.

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Coordination.
Contracts.

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(a) IN GENERAL.—The Director of National Intelligence, in
coordination with the Under Secretary of Defense for Intelligence
and Security, shall enter into a joint agreement with the Academies
to create a new ‘‘National Academies Climate Security Roundtable’’
(in this section referred to as the ‘‘roundtable’’).
(b) PARTICIPANTS.—The roundtable shall include—
(1) the members of the Climate Security Advisory Council
established under section 120 of the National Security Act
of 1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from Federal
science agencies, elements of the intelligence community, and
the Department of Defense, who are not members of the
Council; and
(3) key stakeholders in the United States scientific enterprise, including institutions of higher education, Federal
research laboratories (including the national security laboratories), industry, and nonprofit research organizations.
(c) PURPOSE.—The purpose of the roundtable is—
(1) to support the duties and responsibilities of the Climate
Security Advisory Council under section 120(c) of the National
Security Act of 1947 (50 U.S.C. 3060(c));
(2) to develop best practices for the exchange of data,
knowledge, and expertise among elements of the intelligence
community, elements of the Federal Government that are not
elements of the intelligence community, and non-Federal
researchers;
(3) to facilitate dialogue and collaboration about relevant
collection and analytic priorities among participants of the
roundtable with respect to climate security;
(4) to identify relevant gaps in the exchange of data, knowledge, or expertise among participants of the roundtable with

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134 STAT. 4055

respect to climate security, and consider viable solutions to
address such gaps; and
(5) to provide any other assistance, resources, or capabilities that the Director of National Intelligence or the Under
Secretary determines necessary with respect to the Council
carrying out the duties and responsibilities of the Council under
such section 120(c).
(d) MEETINGS.—The roundtable shall meet at least quarterly,
in coordination with the meetings of the Climate Security Advisory
Council under section 120(c)(1) of the National Security Act of
1947 (50 U.S.C. 3060(c)(1)).
(e) REPORTS AND BRIEFINGS.—The joint agreement under subsection (a) shall specify that—
(1) the roundtable shall organize workshops, on at least
a biannual basis, that include both participants of the roundtable and persons who are not participants, and may be conducted in classified or unclassified form in accordance with
subsection (f);
(2) on a regular basis, the roundtable shall produce classified and unclassified reports on the topics described in subsection (c) and the activities of the roundtable, and other documents in support of the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the
National Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by consensus to the Council on both the topics described in subsection
(c) and specific topics as identified by participants of the roundtable;
(4) not later than March 1, 2021, and annually thereafter
during the life of the roundtable, the Academies shall provide
a briefing to the appropriate congressional committees on the
progress and activities of the roundtable; and
(5) not later than September 30, 2025, the Academies shall
submit a final report to the appropriate congressional committees on the activities of the roundtable.
(f) SECURITY CLEARANCES.—Each participant of the roundtable
shall have a security clearance at the appropriate level to carry
out the duties of the participant under this section. A person who
is not a participant who attends a workshop under subsection
(e)(1) is not required to have a security clearance, and the roundtable shall ensure that any such workshop is held at the appropriate
classified or unclassified level.
(g) TERMINATION.—The roundtable shall terminate on September 30, 2025.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘Academies’’ means the National Academies
of Sciences, Engineering, and Medicine.
(2) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Science, Space, and Technology,
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Foreign Relations, and the Select Committee
on Intelligence of the Senate.

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Determination.

Recommendations.

Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021
(3) The term ‘‘Federal science agency’’ means any agency
or department of the Federal Government with at least
$100,000,000 in basic and applied research obligations in fiscal
year 2019.
(4) The term ‘‘intelligence community’’ has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(5) The term ‘‘national security laboratory’’ has the meaning
given the term in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).

50 USC 3161
note.

SEC. 1623. EFFICIENT USE OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES.

Deadline.
Consultation.

Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in consultation with
the Secretary of Defense, shall issue revised guidance authorizing
and directing departments and agencies of the Federal Government
and appropriately cleared contractors of such departments and
agencies to process, store, use, and discuss sensitive compartmented
information at facilities previously approved to handle such information, without need for further approval by the department or agency
or by the site. Such guidance shall apply to controlled access programs of the intelligence community and to special access programs
of the Department of Defense.

Applicability.

Subtitle C—Nuclear Forces
SEC. 1631. SEMIANNUAL UPDATES ON MEETINGS HELD BY NUCLEAR
WEAPONS COUNCIL; LIMITATION ON AVAILABILITY OF
FUNDS RELATING TO SUCH UPDATES.

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Deadlines.
Time period.

Deadline.

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(a) SEMIANNUAL UPDATES.—Section 179(g) of title 10, United
States Code, is amended to read as follows:
‘‘(g) SEMIANNUAL UPDATES ON COUNCIL MEETINGS.—(1) Not
later than February 1 and August 1 of each year, the Council
shall provide to the congressional defense committees a semiannual
update including, with respect to the six-month period preceding
the update—
‘‘(A) the dates on which the Council met; and
‘‘(B) except as provided by paragraph (2), a summary of
any decisions made by the Council pursuant to subsection (d)
at each such meeting and the rationale for and options that
informed such decisions.
‘‘(2) The Council shall not be required to include in a semiannual update under paragraph (1) the matters described in
subparagraph (B) of that paragraph with respect to decisions of
the Council relating to the budget of the President for a fiscal
year if the budget for that fiscal year has not been submitted
to Congress under section 1105 of title 31 as of the date of the
semiannual update.
‘‘(3) The Council may provide a semiannual update under paragraph (1) either in the form of a briefing or a written report.’’.
(b) LIMITATION ON USE OF FUNDS FOR FAILURE TO PROVIDE
SEMIANNUAL UPDATES IN 2021.—
(1) FIRST SEMIANNUAL UPDATE.—If, by February 1, 2021,
the Council has not provided the semiannual update under
subsection (g) of section 179 of title 10, United States Code,

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as amended by subsection (a), required by that date, not more
than 50 percent of the funds authorized to be appropriated
for fiscal year 2021 for the Office of the Under Secretary of
Defense for Acquisition and Sustainment for the purposes of
operating the Office of the Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs may be
obligated or expended until the date on which such semiannual
update has been provided.
(2) SECOND SEMIANNUAL UPDATE.—If, by August 1, 2021,
the Council has not provided the semiannual update described
in paragraph (1) required by that date, not more than 90
percent of the funds authorized to be appropriated for fiscal
year 2021 for the Office of the Under Secretary of Defense
for Acquisition and Sustainment for the purposes of operating
the Office of the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs may be obligated
or expended until the date on which such semiannual update
has been provided.

Deadline.

SEC. 1632. ROLE OF NUCLEAR WEAPONS COUNCIL WITH RESPECT TO
PERFORMANCE REQUIREMENTS AND BUDGET FOR
NUCLEAR WEAPONS PROGRAMS.

(a) MODIFICATION TO RESPONSIBILITIES OF NUCLEAR WEAPONS
COUNCIL.—Section 179(d) of title 10, United States Code, is
amended—
(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new paragraph (9):
‘‘(9) Reviewing proposed capabilities, and establishing and
validating performance requirements (as defined in section
181(h) of this title), for nuclear warhead programs.’’.
(b) REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.—
(1) IN GENERAL.—Subtitle A of title XVII of the Atomic
Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by
adding at the end the following new section:

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‘‘SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.

50 USC 2757.

‘‘(a) REVIEW OF ADEQUACY OF ADMINISTRATION BUDGET BY
NUCLEAR WEAPONS COUNCIL.—
‘‘(1) TRANSMISSION TO COUNCIL.—The Secretary of Energy
shall transmit to the Nuclear Weapons Council (in this section
referred to as the ‘Council’) a copy of the proposed budget
request of the Administration for each fiscal year before that
budget request is submitted to the Director of the Office of
Management and Budget in relation to the preparation of the
budget of the President to be submitted to Congress under
section 1105(a) of title 31, United States Code.
‘‘(2) REVIEW AND DETERMINATION OF ADEQUACY.—
‘‘(A) REVIEW.—The Council shall review each budget
request transmitted to the Council under paragraph (1).
‘‘(B) DETERMINATION OF ADEQUACY.—
‘‘(i) INADEQUATE REQUESTS.—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is inadequate, in whole or in part, to implement the objectives
of the Department of Defense with respect to nuclear
weapons for that fiscal year, the Council shall submit

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Determination.

Appendix.

Review.
Determination.

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Records.

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to the Secretary of Energy a written description of
funding levels and specific initiatives that would, in
the determination of the Council, make the budget
request adequate to implement those objectives.
‘‘(ii) ADEQUATE REQUESTS.—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is adequate
to implement the objectives described in clause (i) for
that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the
adequacy of the request.
‘‘(iii) RECORDS.—The Council shall maintain a
record of each description submitted under clause (i)
and each statement submitted under clause (ii).
‘‘(3) DEPARTMENT OF ENERGY RESPONSE.—
‘‘(A) IN GENERAL.—If the Council submits to the Secretary of Energy a written description under paragraph
(2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as
an appendix to the budget request submitted to the Director
of the Office of Management and Budget—
‘‘(i) the funding levels and initiatives identified
in the description under paragraph (2)(B)(i); and
‘‘(ii) any additional comments the Secretary considers appropriate.
‘‘(B) TRANSMISSION TO CONGRESS.—The Secretary of
Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department
of Energy budget for a fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), a copy of the appendix described
in subparagraph (A).
‘‘(b) REVIEW AND CERTIFICATION OF DEPARTMENT OF ENERGY
BUDGET BY NUCLEAR WEAPONS COUNCIL.—
‘‘(1) IN GENERAL.—At the time the Secretary of Energy
submits the budget request of the Department of Energy for
that fiscal year to the Director of the Office of Management
and Budget in relation to the preparation of the budget of
the President, the Secretary shall transmit a copy of the budget
request of the Department to the Council.
‘‘(2) CERTIFICATION.—The Council shall—
‘‘(A) review the budget request transmitted to the
Council under paragraph (1);
‘‘(B) based on the review under subparagraph (A), make
a determination with respect to whether the budget request
includes the funding levels and initiatives described in
subsection (a)(2)(B)(i); and
‘‘(C) submit to Congress—
‘‘(i)(I) a certification that the budget request is
adequate to implement the objectives described in subsection (a)(2)(B)(i); or
‘‘(II) a statement that the budget request is not
adequate to implement those objectives; and
‘‘(ii) a copy of the written description submitted
by the Council to the Secretary under subsection
(a)(2)(B)(i), if any.’’.

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(2) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4716 the following new item:
‘‘Sec. 4717. Review of adequacy of nuclear weapons budget.’’.
SEC. 1633. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE
REVIEW OF ANNUAL REPORTS ON NUCLEAR WEAPONS
ENTERPRISE.

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Section 492a(c) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘review each report’’ and
inserting ‘‘periodically review reports submitted’’; and
(2) in paragraph (2), by striking ‘‘not later’’ and all that
follows through ‘‘submitted,’’.

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SEC. 1634. INDEPENDENT STUDY ON NUCLEAR WEAPONS PROGRAMS
OF CERTAIN FOREIGN COUNTRIES.

Deadlines.

(a) STUDY.—Not later than March 1, 2021, the Secretary of
Defense shall seek to enter into a contract with a federally funded
research and development center to conduct a study on the nuclear
weapons programs of covered foreign countries.
(b) MATTERS INCLUDED.—The study under subsection (a) shall
compile open-source data to conduct an analysis of the following
for each covered foreign country:
(1) The activities, budgets, and policy documents, regarding
the nuclear weapons program.
(2) The known research and development activities with
respect to nuclear weapons.
(3) The inventories of nuclear weapons and delivery
vehicles with respect to both deployed and nondeployed
weapons.
(4) The capabilities of such nuclear weapons and delivery
vehicles.
(5) The physical sites used for nuclear processing, testing,
and weapons integration.
(6) The human capital of the scientific and technical
workforce involved in nuclear programs, including with respect
to matters relating to the education, knowledge, and technical
capabilities of that workforce.
(7) The known deployment areas for nuclear weapons.
(8) Information with respect to the nuclear command and
control system.
(9) The factors and motivations driving the nuclear
weapons program and the nuclear command and control system.
(10) Any other information that the federally funded
research and development center determines appropriate.
(c) SUBMISSION TO DOD.—The federally funded research and
development center shall submit to the Secretary—
(1) not later than March 1, 2022, the study under subsection (a); and
(2) not later than March 1, 2023, and March 1, 2024,
any updates to the study.
(d) SUBMISSION TO CONGRESS.—Not later than 30 days after
the date on which the Secretary receives under subsection (c) the
study under subsection (a) or an update to the study, the Secretary
shall submit to the appropriate congressional committees the study
or update, without change.

Contracts.

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(e) PUBLIC RELEASE.—The federally funded research and
development center shall maintain an internet website on which
the center—
(1) publishes the study under subsection (a) by not later
than 30 days after the date on which the Secretary receives
the study under subsection (c); and
(2) provides on an ongoing basis commentaries, analyses,
updates, and other information regarding the nuclear weapons
programs of covered foreign countries.
(f) FORM.—The study under subsection (a) shall be submitted
in unclassified form.
(g) MODIFICATION TO REPORT ON NUCLEAR FORCES OF THE
UNITED STATES AND NEAR-PEER COUNTRIES.—Section 1676 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1778) is amended—
(1) in subsection (a), by striking ‘‘Not later than February
15, 2020, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall’’ and inserting ‘‘Not later
than February 15, 2020, and each year thereafter through
2023, the Secretary of Defense and the Director of National
Intelligence shall jointly’’; and
(2) in subsection (b), by adding at the end the following
new paragraph:
‘‘(4) With respect to the current and planned nuclear systems specified in paragraphs (1) through (3), the factors and
motivations driving the development and deployment of the
systems.’’.
(h) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of
Representatives; and
(C) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) COVERED FOREIGN COUNTRY.—The term ‘‘covered foreign
country’’ means each of the following:
(A) North Korea.
(B) The People’s Republic of China.
(C) The Russian Federation.
(D) To the extent applicable, Iran.
(3) OPEN-SOURCE DATA.—The term ‘‘open-source data’’
includes data derived from, found in, or related to any of
the following:
(A) Geospatial information.
(B) Seismic sensors.
(C) Commercial data.
(D) Public government information.
(E) Academic journals and conference proceedings.
(F) Media reports.
(G) Social media.

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SEC. 1635. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.

(a) PROHIBITION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act for fiscal

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year 2021 for the Department of Defense may be obligated or
expended for the following, and the Department may not otherwise
take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.

Subtitle D—Missile Defense Programs
SEC. 1641. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN
THE DEPARTMENT OF DEFENSE.

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(a) REPEAL OF REQUIREMENT FOR REPORTING STRUCTURE OF
MISSILE DEFENSE AGENCY.—Section 205 of title 10, United States
Code, is amended to read as follows:
‘‘§ 205. Missile Defense Agency
‘‘The Director of the Missile Defense Agency shall be appointed
for a six-year term.’’.
(b) REPORT ON ALIGNMENT.—Not later than February 28, 2021,
the Secretary of Defense shall submit to the congressional defense
committees a report on the alignment of the Missile Defense Agency
within the Department of Defense. The report shall include—
(1) a description of the risks and benefits of both—
(A) continuing the alignment of the Agency under the
authority, direction, and control of the Under Secretary
of Defense for Research and Engineering; and
(B) realigning the Agency to be under the authority,
direction, and control of the Under Secretary of Defense
for Acquisition and Sustainment; and
(2) if the Agency were to be realigned, the actions that
would need to be taken to realign the Agency to be under
the authority, direction, and control of the Under Secretary
of Defense for Acquisition and Sustainment or another element
of the Department of Defense.
(c) NOTICE AND WAIT REQUIREMENT TO MODIFY CERTAIN
DODI.—The Secretary of Defense may not modify Department of
Defense Directive 5134.09, as in effect on the date of the enactment
of this Act, unless—
(1) the Secretary submits to the congressional defense
committees a final draft of the proposed modified directive,
both in an electronic format and in a hard copy format;
(2) the Secretary provides to such committees a briefing
to describe the modifications made in the proposed modified
directive; and
(3) a period of 60 days has elapsed following the date
on which the Secretary has carried out both paragraphs (1)
and (2).

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Briefing.

Time period.

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(d) COMPTROLLER GENERAL REPORT.—Not later than 180 days
after the date of the enactment of this Act, the Comptroller General
of the United States shall submit to the congressional defense
committees a report containing an assessment of whether the Secretary of Defense is in compliance with section 1688 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1787). Such assessment shall include an evaluation
of—
(1) whether the Secretary has complied with the timelines
required by subsection (b) of such section and whether the
Secretary has carried out the consultation described in paragraph (1)(A) of such subsection; and
(2) how the changes proposed by the Secretary to the
non-standard acquisition processes and responsibilities
described in paragraph (2) of such subsection will improve
or impact the development of weapon systems and timelines
for the delivery of capabilities to members of the Armed Forces.

Assessment.

Assessment.

SEC. 1642. EXTENSION OF PROHIBITION RELATING TO MISSILE
DEFENSE INFORMATION AND SYSTEMS.

Section 130h(e) of title 10, United States Code, is amended
by striking ‘‘January 1, 2021’’ and inserting ‘‘January 1, 2026’’.
SEC.

1643.

EXTENSION OF TRANSITION OF BALLISTIC MISSILE
DEFENSE PROGRAMS TO MILITARY DEPARTMENTS.

Section 1676(b)(1) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note)
is amended by striking ‘‘2021’’ and inserting ‘‘2023’’.
SEC. 1644. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MISSILE DEFENSE
ACQUISITION PROGRAMS.

Determination.
Consultation.

Section 232(a) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1339), as amended
by section 1688 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1144), is amended—
(1) in paragraph (1), by striking ‘‘through 2020’’ and
inserting ‘‘through 2025’’;
(2) in paragraph (2)—
(A) by striking ‘‘through 2021’’ and inserting ‘‘through
2026’’; and
(B) by striking ‘‘year. Each’’ and all that follows
through ‘‘appropriate.’’ and inserting the following: ‘‘year,
which shall include such findings and recommendations
as the Comptroller General considers appropriate.’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) REVIEW OF EMERGING ISSUES.—In carrying out this
subsection, as the Comptroller General determines is warranted, the Comptroller General shall review emerging issues
and, in consultation with the congressional defense committees,
brief such committees or submit to such committees a report
on the findings of the Comptroller General with respect to
such review.’’.

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SEC. 1645. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE
TRACKING SPACE SENSOR PAYLOAD.

(a) DEVELOPMENT.—The Director of the Missile Defense Agency,
in coordination with the Director of the Space Development Agency

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134 STAT. 4063

and the Chief of Space Operations, shall develop and procure a
hypersonic and ballistic missile tracking space sensor payload.
(b) PRIMARY RESPONSIBILITY.—
(1) ASSIGNMENT.—Not later than 15 days after the date
of the enactment of this Act, the Secretary of Defense shall,
without delegation—
(A) assign the Director of the Missile Defense Agency
with the principal responsibility for the development and
procurement of a hypersonic and ballistic tracking space
sensor payload pursuant to subsection (a) as a component
of a proliferated low-Earth orbit satellite constellation
through, at minimum, fiscal year 2022; and
(B) submit to the congressional defense committees
a certification of such assignment.
(2) PLAN FOR INTEGRATION.—Not later than May 1, 2021,
the Secretary shall submit to the congressional defense committees a plan for integrating the hypersonic and ballistic tracking
space sensor payload developed by the Missile Defense Agency
pursuant to subsection (a) into the persistent space-based
sensor architecture of the Space Development Agency and the
Space Force. The plan shall include, at a minimum, options
for—
(A) minimizing disruption to the program for such
space sensor payload;
(B) ensuring sufficient funding for such an integration;
(C) maintaining prioritization of unique ballistic and
hypersonic defense requirements for such space sensor payload through the transition;
(D) ensuring connection of such space sensor payload
into the overall missile defense command and control, battle
management, and communications system; and
(E) addressing any impacts to the development and
deployment of such space sensor payload if responsibility
for the proliferated low-Earth orbit satellite constellation
specified in paragraph (1)(A) is transitioned from the Space
Development Agency to the Space Force prior to the constellation achieving full operational capability.
(c) TIMELINE FOR TESTING, INTEGRATION, AND DEPLOYMENT.—
The Director, in coordination with the Director of the Space Development Agency and the Chief of Space Operations, shall—
(1) begin on-orbit testing of the hypersonic and ballistic
tracking space sensor payload developed pursuant to subsection
(a) no later than December 31, 2023; and
(2) begin integration of such sensor payload into the persistent space-based sensor architecture of the Space Development Agency and the Space Force pursuant to the plan developed under subsection (b)(2), and shall achieve full operational
deployment of such sensor payload, as soon as technically feasible thereafter.
(d) ANNUAL CERTIFICATIONS.—On an annual basis until the
date on which the hypersonic and ballistic tracking space sensor
payload developed under subsection (a) achieves full operational
capability—
(1) the Under Secretary of Defense (Comptroller) and the
Director of Cost Assessment and Program Evaluation shall
jointly certify to the appropriate congressional committees that
the most recent future-years defense program submitted under

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Deadline.

Certification.
Deadline.

Coordination.

Deadline.

Estimates.

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section 221 of title 10, United States Code, includes estimated
expenditures and proposed appropriations in amounts necessary to ensure the development and deployment of such space
sensor payload as a component of the persistent space-based
sensor architecture of the Space Development Agency and the
Space Force; and
(2) the Vice Chairman of the Joint Chiefs of Staff, acting
through the Joint Requirements Oversight Council, shall certify
to the appropriate congressional committees that both the ballistic and hypersonic tracking requirements of, and the timeline
to deploy, such space sensor payload have been validated.
(e) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021 for
operation and maintenance, Defense-wide, for the Office of Secretary
of Defense for travel of persons assigned to the Office of the Under
Secretary of Defense for Research and Engineering, not more than
50 percent may be obligated or expended until—
(1) the Secretary of Defense submits the certification under
subsection (b)(1)(B);
(2) the Under Secretary of Defense (Comptroller) and the
Director of Cost Assessment and Program Evaluation jointly
submit the first certification under subsection (d)(1); and
(3) the Vice Chairman submits the first certification under
subsection (d)(2).
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives.
(g) CONFORMING REPEAL.—Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10
U.S.C. 2431 note) is amended by striking subsection (d).
SEC. 1646. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY.

(a) INTERIM GROUND-BASED INTERCEPTOR.—
(1) DEVELOPMENT.—Subject to the availability of appropriations, not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense, acting through the Director
of the Missile Defense Agency and in coordination with the
Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and Engineering,
the Commander of the United States Northern Command, and
the Commander of the United States Strategic Command, shall
commence carrying out a program to develop an interim groundbased interceptor capability that will—
(A) use sound acquisition practices;
(B) address the majority of current and near- to midterm projected ballistic missile threats to the United States
homeland from rogue nations;
(C) at minimum, meet the proposed capabilities of the
Redesigned Kill Vehicle program;
(D) leverage existing kill vehicle and booster technology; and

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Deadline.
Coordination.

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134 STAT. 4065

(E) appropriately balance interceptor performance with
schedule of delivery.
(2) CAPABILITIES AND CRITERIA.—The Director shall ensure
that the interim ground-based interceptor developed under
paragraph (1) meets, at a minimum, the following capabilities
and criteria:
(A) Vehicle-to-vehicle communications, as applicable.
(B) Vehicle-to-ground communications.
(C) Kill assessment capability.
(D) The ability to counter advanced countermeasures,
decoys, and penetration aids.
(E) Producibility and manufacturability.
(F) Use of technology involving high technology readiness levels.
(G) Options to integrate the new kill vehicle onto other
missile defense interceptor vehicles other than the groundbased interceptors of the ground-based midcourse defense
system.
(H) Sound acquisition processes.
(3) DEPLOYMENT.—The Secretary of Defense, acting
through the Director of the Missile Defense Agency and in
coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for
Research and Engineering, the Commander of the United States
Northern Command, and the Commander of the United States
Strategic Command, shall—
(A) conduct rigorous flight testing of the interim
ground-based interceptor; and
(B) deliver 20 interim ground-based interceptors by
2026.
(b) WAIVER.—
(1) AUTHORITY.—The Secretary of Defense may waive the
requirements under paragraphs (1) and (3) of subsection (a)
if the Secretary—
(A) determines that—
(i) the technology development is not technically
feasible;
(ii) the interim capability development is not in
the national security interest of the United States;
or
(iii) the interim ground-based interceptor program
under subsection (a)(1) cannot deliver an initial operational capability at least two years prior to the fielding
of the next-generation interceptor for the ground-based
midcourse defense system; and
(B) submits to the congressional defense committees
a certification that such a waiver is necessary based on
the determination under subparagraph (A), including—
(i) an explanation of the rationale of such determination;
(ii) an estimate of the ballistic missile threats to
the United States homeland from rogue nations that
will not be defended against until the fielding of the
next-generation interceptor for the ground-based midcourse defense system; and
(iii) an updated schedule for the development and
deployment of such next-generation interceptor.

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Determination.

Certification.

Estimate.

Update.

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(2) DELEGATION.—The Secretary may not delegate the
authority to carry out paragraph (1) below the level of an
Under Secretary of Defense.
(c) REPORT ON FUNDING PROFILE.—Unless the Secretary makes
a waiver under subsection (b), the Director shall include with the
budget justification materials submitted to Congress in support
of the budget of the Department of Defense for fiscal year 2022
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) a report on the funding profile
necessary for the interim ground-based interceptor program to meet
the objectives under subsection (a).

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Deadlines.

SEC. 1647. NEXT GENERATION INTERCEPTORS.

(a) NOTIFICATION OF CHANGED REQUIREMENTS.—During the
acquisition and development process of the next generation interceptor program, not later than seven days after the date on which
any changes are made to the requirements for such program that
are established in the equivalent to capability development documentation, the Director of the Missile Defense Agency shall notify
the congressional defense committees of such changes.
(b) BRIEFING ON CONTRACT.—Not later than 14 days after the
date on which the Director awards a contract for design, development, or both, of the next generation interceptor, the Director
shall provide the congressional defense committees a briefing on
such contract, including with respect to the cost, schedule, performance, and requirements of the contract.
(c) INDEPENDENT COST ASSESSMENT AND VALIDATION.—
(1) ASSESSMENT.—The Director of Cost Assessment and
Program Evaluation shall—
(A) conduct an independent cost assessment of the
next generation interceptor program; and
(B) make available to the Director of the Missile
Defense Agency, the Under Secretary of Defense for
Acquisition and Sustainment, and the Under Secretary
of Defense for Research and Engineering preliminary
findings of the assessment to inform the award of a contract
for the design, development, or both, of the next generation
interceptor.
(2) VALIDATION.—The Under Secretary of Defense for
Acquisition and Sustainment shall validate the preliminary
findings of the cost assessment conducted under paragraph
(1) that will be used to inform the award of a contract for
the design, development, or both, of the next generation interceptor.
(3) SUBMISSION.—Not later than the date on which the
Director of the Missile Defense Agency awards a contract for
the design, development, or both, of the next generation interceptor, the Secretary of Defense shall submit to the congressional defense committees the preliminary findings of the independent cost assessment under paragraph (1) and the validation
under paragraph (2).
(d) FLIGHT TESTS.—In addition to the requirements of section
2399 of title 10, United States Code, the Director of the Missile
Defense Agency may not make any decision regarding the initial
production, or equivalent, of the next generation interceptor unless
the Director has—

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(1) certified to the congressional defense committees that
the Director has conducted not fewer than two successful intercept flight tests of the next generation interceptor; and
(2) provided to such committees a briefing on the details
of such tests, including with respect to the operational realism
of such tests.

Certification.

Briefing.

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SEC. 1648. REPORT ON AND LIMITATION ON AVAILABILITY OF FUNDS
FOR LAYERED HOMELAND MISSILE DEFENSE SYSTEM.

(a) REPORT.—
(1) REQUIREMENT.—Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense
committees a report on the proposal for a layered homeland
missile defense architecture included in the budget justification
materials submitted to Congress in support of the budget for
the Department of Defense for fiscal year 2021 (as submitted
with the budget of the President for such fiscal year under
section 1105(a) of title 31, United States Code).
(2) ELEMENTS REQUIRED.—The report under paragraph (1)
shall include the following:
(A) A description of the requirements for the proposed
layered homeland missile defense architecture that are—
(i) based on an assessment by the intelligence
community of threats to be addressed at the time of
deployment of such a system; and
(ii) validated by the Joint Requirements Oversight
Council.
(B) An assessment of how such requirements addressed
by the proposed layered homeland missile defense architecture relate to those addressed by the existing ground-based
midcourse defense system, including deployed ground-based
interceptors and planned upgrades to such ground-based
interceptors.
(C) An analysis of weapon system and interceptor solutions to meet such requirements, including the Aegis ballistic missile defense system, the standard missile–3 block
IIA, and the terminal high altitude area defense system,
with the number of locations required for deployment and
the production numbers of such weapon systems and interceptors.
(D) A description of any improvements needed to the
missile defense system command and control, battle
management, and communications system to support the
proposed layered homeland missile defense architecture.
(E) A description of the sensors required, with respect
to both sensors organic to the weapon systems and the
sensors needed for tracking and discrimination provided
through the command and control, battle management,
and communications system, for the proposed layered
homeland missile defense architecture, including how the
cancellation, or indefinite postponement, of the discrimination radar for homeland defense planned to be located
in Hawaii will impact the ability of such architecture to
defend against current and future missile threats to
Hawaii, with respect to both the capacity and capability
of such architecture.

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Assessments.

Analysis.

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Deadline.

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(F) An assessment of the impact to the flights IIA
and III fielding and posture plans of the Navy for Arleigh
Burke class destroyers if at-sea standard missile–3 block
IIA missiles are required for the proposed layered homeland
missile defense architecture.
(G) A site-specific fielding plan that includes possible
locations, the number and type of interceptors and radars
in each location, and any associated environmental or
permitting considerations, including an assessment of the
locations evaluated pursuant to section 227(b) of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112–239; 126 Stat. 1679) for inclusion in the
proposed layered homeland missile defense architecture.
(H) Relevant policy considerations for deployment of
such architecture for defense against intercontinental ballistic missiles in the continental United States.
(I) A life-cycle cost estimate and detailed development,
testing, production, and deployment schedule for options
involving a land-based standard missile–3 block IIA interceptor system and the terminal high altitude area defense
system, including required environmental assessments.
(J) A feasibility assessment of the necessary modifications to the terminal high altitude area defense system
to address such requirements.
(K) An assessment of the industrial base capacity to
support additional production of either a land-based
standard missile–3 block IIA interceptor system or the
terminal high altitude area defense system.
(L) An assessment of the manning, training, and
sustainment needed to operationally support the proposed
layered homeland missile defense architecture.
(3) CONSULTATION.—In preparing the report required under
paragraph (1), the Secretary shall consult with each of the
following:
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Acquisition
and Sustainment.
(C) The Vice Chairman of the Joint Chiefs of Staff,
as the Chair of the Joint Requirements Oversight Council.
(D) The Commander of the United States Strategic
Command.
(E) The Commander of the United States Northern
Command.
(F) The Director of the Missile Defense Agency.
(G) The Director of Cost Assessment and Program
Evaluation.
(b) LIMITATION ON USE OF FUNDS.—Of the amounts authorized
to be appropriated by this Act or otherwise made available for
fiscal year 2021 for the Missile Defense Agency for a layered homeland missile defense system, not more than 50 percent may be
obligated or expended until the Director of the Missile Defense
Agency submits to the congressional defense committees the report
under subsection (a).
(c) ASSESSMENT.—Not later than February 28, 2021, the
Director of the Defense Intelligence Agency, and the head of any
other element of the intelligence community that the Secretary

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of Defense determines appropriate, shall submit to the congressional
defense committees an assessment of the following:
(1) How the development and deployment of regional terminal high altitude area defense systems and Aegis ballistic
missile defense systems to conduct longer-range missile defense
missions would be perceived by near-peer foreign countries
and rogue nations.
(2) How such near-peer foreign countries and rogue nations
would likely respond to such deployments.
(d) INTELLIGENCE COMMUNITY DEFINED.—In this section, the
term ‘‘intelligence community’’ has the meaning given such term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

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SEC. 1649. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND CO-PRODUCTION.

(a) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.—
(1) AVAILABILITY OF FUNDS.—Of the funds authorized to
be appropriated by this Act for fiscal year 2021 for procurement,
Defense-wide, and available for the Missile Defense Agency,
not more than $73,000,000 may be provided to the Government
of Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such components in the United States by industry of the United States.
(2) CONDITIONS.—
(A) AGREEMENT.—Funds described in paragraph (1)
for the Iron Dome short-range rocket defense program shall
be available subject to the terms and conditions in the
Agreement Between the Department of Defense of the
United States of America and the Ministry of Defense
of the State of Israel Concerning Iron Dome Defense System
Procurement, signed on March 5, 2014, as amended to
include co-production for Tamir interceptors.
(B) CERTIFICATION.—Not later than 30 days prior to
the initial obligation of funds described in paragraph (1),
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the appropriate congressional
committees—
(i) a certification that the amended bilateral international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to
the implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor subcomponents, a certification that the Government of
Israel has demonstrated successful completion of
Production Readiness Reviews, including the validation
of production lines, the verification of component
conformance, and the verification of performance to
specification as defined in the Iron Dome Defense
System Procurement Agreement, as further amended.
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, DAVID’S
SLING WEAPON SYSTEM CO-PRODUCTION.—
(1) IN GENERAL.—Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2021 for procurement, Defense-wide, and available for the Missile Defense

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Certifications.

Contracts.

Deadline.

Assessment.

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Contracts.

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Agency not more than $50,000,000 may be provided to the
Government of Israel to procure the David’s Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) AGREEMENT.—Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the bilateral
co-production agreement, including—
(A) a one-for-one cash match is made by Israel or
in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David’s Sling Weapon System is
not less than 50 percent.
(3) CERTIFICATION AND ASSESSMENT.—The Under Secretary
of Defense for Acquisition and Sustainment shall submit to
the appropriate congressional committees—
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and production readiness
reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, ARROW
3 UPPER TIER INTERCEPTOR PROGRAM CO-PRODUCTION.—
(1) IN GENERAL.—Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2021 for procurement, Defense-wide, and available for the Missile Defense
Agency not more than $77,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components
in the United States by United States industry.
(2) CERTIFICATION.—The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that—
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by
the research, development, and technology agreement for
the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided
on the basis of a one-for-one cash match made by Israel
or in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel);
(C) the United States has entered into a bilateral international agreement with Israel that establishes, with
respect to the use of such funds—
(i) in accordance with subparagraph (D), the terms
of co-production of parts and components on the basis
of the greatest practicable co-production of parts,
components, and all-up rounds (if appropriate) by
United States industry and minimizes nonrecurring

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134 STAT. 4071

engineering and facilitization expenses to the costs
needed for co-production;
(ii) complete transparency on the requirement of
Israel for the number of interceptors and batteries
that will be procured, including with respect to the
procurement plans, acquisition strategy, and funding
profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales;
and
(D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.
(d) NUMBER.—In carrying out paragraph (2) of subsection (b)
and paragraph (2) of subsection (c), the Under Secretary may
submit—
(1) one certification covering both the David’s Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) TIMING.—The Under Secretary shall submit to the congressional defense committees the certification and assessment under
subsection (b)(3) and the certification under subsection (c)(2) no
later than 30 days before the funds specified in paragraph (1)
of subsections (b) and (c) for the respective system covered by
the certification are provided to the Government of Israel.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives.

Assessment

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SEC. 1650. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR
AND MISSILE THREATS.

(a) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing a study
on the defense of Guam from integrated air and missile threats,
including such threats from ballistic, hypersonic, and cruise missiles.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) The identification of existing deployed land- and seabased air and missile defense programs of record within the
military departments and Defense Agencies, including with
respect to interceptors, radars, and ground-, ship-, air,- and
space-based sensors that could be used either alone or in
coordination with other systems to counter the threats specified
in subsection (a) with an initial operational capability by 2025.
(2) A plan of how such programs would be used to counter
such threats with an initial operational capability by 2025.
(3) A plan of which programs currently in development
but not yet deployed could enhance or substitute for existing

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Study.

Analysis.

Plan.
Plan.

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programs in countering such threats with an initial operational
capability by 2025.
(4) An analysis of which military department, Defense
Agency, or combatant command would have operational control
of the mission to counter such threats.
(5) A cost analysis of the various options described in
paragraphs (1) and (3), including a breakdown of the cost
of weapons systems considered under the various scenarios
(including any costs to modify the systems), the cost benefits
gained through economies of scale, and the cost of any military
construction required.
(6) An analysis of the policy implications regarding
deploying additional missile defense systems on Guam, and
how such deployments could affect strategic stability, including
likely responses from both rogue nations and near-peer competitors.
(c) CONSULTATION.—The Secretary shall carry out this section
in consultation with each of the following:
(1) The Director of the Missile Defense Agency.
(2) The Commander of the United States Indo-Pacific Command.
(3) The Commander of the United States Northern Command.
(4) The Commander of the United States Strategic Command.
(5) The Director of the Joint Integrated Air and Missile
Defense Organization.
(6) Any other official whom the Secretary of Defense determines for purposes of this section has significant technical,
policy, or military expertise.
(d) FORM.—The report submitted under subsection (a) shall
be in unclassified form, but may contain a classified annex.
(e) BRIEFING.—Not later than 30 days after the date on which
the Secretary submits to the congressional defense committees the
report under subsection (a), the Secretary shall provide to such
committees a briefing on the report.
SEC. 1651. REPORTS ON CRUISE MISSILE DEFENSE AND NORTH
WARNING SYSTEM.

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Assessments.

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(a) REPORT ON CRUISE MISSILE DEFENSE AND STATUS OF NORTH
WARNING SYSTEM.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, the Commander of the United
States Northern Command, in coordination with the Secretary
of the Air Force, the Director of the Missile Defense Agency,
and the Director for Force Structure, Resources, and Assessment of the Joint Staff, shall submit to the congressional
defense committees a report on the on cruise missile defense
of the United States.
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) An identification of any vulnerability of the contiguous United States to known cruise missile threats.
(B) An assessment of the status of the North Warning
System, including—

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134 STAT. 4073

(i) a description and assessment of the status and
operational integrity of the infrastructure of the North
Warning System;
(ii) an assessment of the technology currently used
by the North Warning System compared with the technology considered necessary by the Commander of the
North American Aerospace Defense Command to detect
current and anticipated threats;
(iii) an assessment of the infrastructure and ability
of the Alaska Radar System to integrate into the
broader North Warning System; and
(iv) an assessment of the ability of the North
Warning System to integrate with current and anticipated space-based sensor platforms.
(b) REPORT ON PLAN FOR MITIGATION AND MODERNIZATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Commander of the United
States Northern Command, in coordination with the Secretary
of the Air Force, the Director of the Missile Defense Agency,
and the Director for Force Structure, Resources, and Assessment of the Joint Staff, shall submit to the congressional
defense committees a report setting forth a plan for—
(A) mitigating vulnerabilities of the contiguous United
States to known cruise missile threats; and
(B) modernizing the capabilities provided by the current North Warning System.
(2) ELEMENTS.—The plan under paragraph (1) shall include
the following:
(A) A plan to mitigate any vulnerability of the contiguous United States to known cruise missile threats identified in the report under subsection (a).
(B) A detailed timeline for the modernization of the
North Warning System based on the status of the system
as assessed in the report under subsection (a).
(C) The technological advancements necessary for
ground-based North Warning System sites to address current and anticipated threats (as specified by the Commander of the North American Aerospace Defense Command).
(D) An assessment of the number of future North
Warning System sites required in order to address current
and anticipated threats (as so specified).
(E) Any new or complementary technologies required
to accomplish the mission of the North Warning System.
(F) The cost and schedule, by year, of the plan.

Coordination.

Timeline.

Assessment.

Subtitle E—Matters Relating to Certain
Commercial Terrestrial Operations

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SEC. 1661. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO THE GLOBAL POSITIONING
SYSTEM.

10 USC 2281
note.

(a) PROHIBITION.—Except as provided by subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2021 or any subsequent fiscal year
for the Department of Defense may be obligated or expended to

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PUBLIC LAW 116–283—JAN. 1, 2021

retrofit any Global Positioning System device or system, or network
that uses the Global Positioning System, in order to mitigate harmful interference from commercial terrestrial operations using the
1526–1536 megahertz band, the 1627.5–1637.5 megahertz band,
or the 1646.5–1656.5 megahertz band.
(b) ACTIONS NOT PROHIBITED.—The prohibition in subsection
(a) shall not apply to any action taken by the Secretary of Defense
relating to—
(1) conducting technical or information exchanges with the
entity that operates the commercial terrestrial operations in
the megahertz bands specified in such subsection;
(2) seeking compensation for harmful interference from
such entity; or
(3) Global Positioning System receiver upgrades needed
to address other resiliency requirements.
SEC. 1662. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING COMMERCIAL TERRESTRIAL COMMUNICATION
NETWORKS THAT CAUSE HARMFUL INTERFERENCE WITH
THE GLOBAL POSITIONING SYSTEM.

10 USC 2281
note.

The Secretary of Defense may not enter into a contract, or
extend or renew a contract, with an entity that engages in commercial terrestrial operations using the 1525–1559 megahertz band
or the 1626.5–1660.5 megahertz band unless the Secretary has
certified to the congressional defense committees that such operations do not cause harmful interference to a Global Positioning
System device of the Department of Defense.
SEC. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS COMMISSION ORDER 20–48.
Contracts.

Deadline.

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Evaluation.
Recommendation.

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(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 to perform the services covered by this section.
(2) TIMING.—The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 30 days
after the date of the enactment of this Act.
(b) INDEPENDENT TECHNICAL REVIEW.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies under subsection (a), the
National Academies shall carry out an independent technical
review of the Order and Authorization adopted by the Federal
Communications Commission on April 19, 2020 (FCC 20–48),
to the extent that such Order and Authorization affects the
devices, operations, or activities of the Department of Defense.
(2) ELEMENTS.—The independent technical review carried
out under paragraph (1) shall include the following:
(A) Comparison of the two different approaches on
which the Commission relied for the Order and Authorization described in paragraph (1) to evaluate the potential
harmful interference concerns relating to Global Positioning System devices, with a recommendation on which
method most effectively mitigates risks of harmful interference with Global Positioning System devices of the
Department, or relating to or with the potential to affect
the operations and activities of the Department.

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(B) Assessment of the potential for harmful interference to mobile satellite services, including commercial
services and Global Positioning System services of the
Department, or relating to or with the potential to affect
the operations and activities of the Department.
(C) Review of the feasibility, practicality, and effectiveness of the proposed mitigation measures relating to, or
with the potential to affect, the devices, operations, or
activities of the Department.
(D) Development of recommendations associated with
the findings of the National Academies in carrying out
the independent technical review.
(E) Such other matters as the National Academies
determines relevant.
(c) REPORT.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies under subsection (a), the
National Academies, not later than 270 days after the date
of the execution of such agreement, shall submit to the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
on the findings of the National Academies with respect to
the independent technical review carried out under subsection
(b) and the recommendations developed pursuant to such
review.
(2) FORM.—The report submitted under paragraph (1) shall
be submitted in a publicly releasable and unclassified format,
but may include a classified annex.

Assessment.

Recommendations.

Recommendations.

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SEC. 1664. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS
COMMISSION ORDER 20–48.

(a) LIMITATION, ESTIMATE, AND CERTIFICATION.—None of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 may be obligated or expended by
the Secretary of Defense to comply with the Order and Authorization adopted by the Federal Communications Commission on April
19, 2020 (FCC 20–48), until the Secretary—
(1) submits to the congressional defense committees an
estimate of the extent of covered costs and the range of eligible
reimbursable costs associated with harmful interference
resulting from such Order and Authorization to the Global
Positioning System of the Department of Defense; and
(2) certifies to the congressional defense committees that
the estimate submitted under paragraph (1) is accurate with
a high degree of certainty.
(b) COVERED COSTS.—For purposes of this section, covered costs
include costs that would be incurred—
(1) to upgrade, repair, or replace potentially affected
receivers of the Federal Government;
(2) to modify, repair, or replace equipment, spares, associated ancillary equipment, software, facilities, operating
manuals, training, or compliance with regulations, including
with regard to the underlying platform or system in which
a capability of the Global Positioning System is embedded;
and

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(3) for personnel of the Department to engineer, validate,
and verify that any required remediation provides the Department with the same operational capability for the affected
system prior to terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to 1660.5 megahertz bands of electromagnetic
spectrum.
(c) RANGE OF ELIGIBLE REIMBURSABLE COSTS.—For purposes
of this section, the range of eligible reimbursable costs includes—
(1) costs associated with engineering, equipment, software,
site acquisition, and construction;
(2) any transaction expense that the Secretary determines
is legitimate and prudent;
(3) costs relating to term-limited Federal civil servant and
contractor staff; and
(4) the costs of research, engineering studies, or other
expenses the Secretary determines reasonably incurred.

Subtitle F—Other Matters
SEC. 1671. CONVENTIONAL PROMPT STRIKE.

Coordination.

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Analysis.

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(a) INTEGRATION.—Section 1697(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1791) is amended by adding at the end the following new
sentence: ‘‘The Secretary shall initiate efforts to integrate such
technologies to DDG–1000 class destroyers during fiscal year 2021.’’.
(b) REPORT ON STRATEGIC HYPERSONIC WEAPONS.—
(1) REQUIREMENT.—Not later than 120 days after the date
of the enactment of this Act, the Chairman of the Joint Chiefs
of Staff, in coordination with the Under Secretary of Defense
for Policy, shall submit to the congressional defense committees
a report on strategic hypersonic weapons.
(2) MATTERS INCLUDED.—The report under paragraph (1)
shall include the following:
(A) A discussion of the authority and policy processes
to use hypersonic weapons and if, and how, such authorities
would be delegated to the commanders of the combatant
commands or to the Chiefs of the Armed Forces.
(B) How escalation risks will be addressed with regards
to the use of strategic hypersonic weapons, including—
(i) whether any risk escalation exercises have been
conducted or are planned for the potential use of
hypersonic weapons; and
(ii) an analysis of the escalation risks posed by
foreign hypersonic systems that are potentially nuclear
and conventional dual-use capable weapons.
(C) The potential target sets for hypersonic weapons
envisioned as of the date of the report and the required
mission planning to support targeting by the United States
Strategic Command and other combatant commands.
(D) Identification of the process for the Department
of Defense to establish targeting and release authority
for conventional prompt strike hypersonic weapons.
(E) A description of how the requirements for landand sea-based hypersonic weapons will be addressed with
the Joint Requirements Oversight Council, and how such
requirements will be formally provided to the military

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departments procuring such weapons through an acquisition program described under section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (10 U.S.C.
2302 note).
(F) The required force structures, including necessary
training, simulators, and range use needed by the Armed
Forces, to support employment of such weapons against
the classes of targets that will be held at risk.
(G) With respect to the force structure of the Navy—
(i) whether such weapons should be deployed on
both submarines and surface combatants; and
(ii) the number of such vessels that need to be
so equipped.
(H) A basing strategy for land-based launch platforms
and a description of the actions needed to be taken for
future deployment of such platforms.
(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) ANNUAL REPORTS ON ACQUISITION.—
(1) ARMY AND NAVY PROGRAMS.—Except as provided by
paragraph (3), not later than 30 days after the date on which
the budget of the President for each of fiscal years 2022 through
2025 is submitted to Congress pursuant to section 1105 of
title 31, United States Code, the Secretary of the Army and
the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the long-range hypersonic
weapon program of the Army and the conventional prompt
strike program of the Navy, including—
(A) the total costs to the respective military departments for such programs;
(B) the strategy for such programs with respect to
manning, training, and equipping, including cost estimates;
and
(C) a testing strategy and schedule for such programs.
(2) INDEPENDENT COST ESTIMATE.—Not later than 90 days
after the date on which the budget of the President for fiscal
year 2022 is submitted to Congress pursuant to section 1105
of title 31, United States Code, the Director of Cost Assessment
and Program Evaluation shall submit to the congressional
defense committees an independent cost estimate for the longrange hypersonic weapon program of the Army and the conventional prompt strike program of the Navy.
(3) TERMINATION.—The requirement to submit a report
under paragraph (1) shall terminate on the date on which
the Secretary of Defense determines that the long-range
hypersonic weapon program of the Army and the conventional
prompt strike program of the Navy are unable to be acquired
under the authority of section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note).

Classified
information.

Determination.

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SEC. 1672. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO
REPORTS ON MISSILE SYSTEMS AND ARMS CONTROL
TREATIES.

(a) LIMITATION.—
(1) IN GENERAL.—Beginning on the date that is 60 days
after the date of the enactment of this Act, if the Secretary
of Defense has not submitted the covered reports, not more

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than 50 percent of the funds specified in paragraph (2) may
be obligated or expended until the date on which the covered
reports have been submitted.
(2) FUNDS SPECIFIED.—The funds specified in this paragraph are the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2021 for the
Office of the Under Secretary of Defense for Policy.
(b) COVERED REPORTS DEFINED.—In this section, the term ‘‘covered reports’’ means—
(1) the report under section 1698(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1792); and
(2) the assessment under section 1236(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1650).
SEC. 1673. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE
REVIEW AND NUCLEAR POSTURE REVIEW.
Assessments.

Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees—
(1) each report, assessment, and guidance document produced by the Department of Defense pursuant to the Missile
Defense Review published in 2019 or during subsequent actions
taken to implement the conclusions of the Review; and
(2) each report, assessment, and guidance document produced by the Department pursuant to the Nuclear Posture
Review published in 2018 or during subsequent actions taken
to implement the conclusions of the Review.

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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.
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.

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

1717.
1718.
1719.
1720.
1721.

Sec. 1722.
Sec. 1723.
Sec. 1724.
Sec. 1725.
Sec. 1726.
Sec. 1727.
Sec. 1728.
Sec. 1729.
Sec. 1730.
Sec. 1731.
Sec. 1732.
Sec. 1733.
Sec. 1734.
Sec. 1735.
Sec. 1736.
Sec. 1737.
Sec. 1738.
Sec. 1739.
Sec. 1740.
Sec. 1741.
Sec. 1742.
Sec. 1743.
Sec.
Sec.
Sec.
Sec.
Sec.

1744.
1745.
1746.
1747.
1748.

Sec. 1749.
Sec. 1750.
Sec. 1751.
Sec. 1752.

134 STAT. 4079

Cybersecurity State Coordinator.
Cybersecurity Advisory Committee.
Cybersecurity education and training assistance program.
Framework for cyber hunt forward operations.
Rationalization and integration of parallel cybersecurity architectures
and operations.
Assessing risk to national security of quantum computing.
Tailored cyberspace operations organizations.
Responsibility for cybersecurity and critical infrastructure protection of
the defense industrial base.
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.
Department of Defense cyber workforce efforts.
Reporting requirements for cross domain incidents and exemptions to
policies for information technology.
Assessing private-public collaboration in cybersecurity.
Cyber capabilities and interoperability of the National Guard.
Evaluation of non-traditional cyber support to the Department of Defense.
Integrated cybersecurity center plan.
Assessment of cyber operational planning and deconfliction policies and
processes.
Pilot program on cybersecurity capability metrics.
Assessment of effect of inconsistent timing and use of Network Address
Translation in Department of Defense networks.
Integration of Department of Defense user activity monitoring and cybersecurity.
Defense industrial base cybersecurity sensor architecture plan.
Assessment on defense industrial base participation in a threat information sharing program.
Assistance for small manufacturers in the defense industrial supply
chain on matters relating to cybersecurity.
Assessment on defense industrial base cybersecurity threat hunting program.
Defense Digital Service.
Matters concerning the College of Information and Cyberspace and limitation of funding for National Defense University.
Department of Defense cyber hygiene and Cybersecurity Maturity Model
Certification framework.
Extension of sunset for pilot program on regional cybersecurity training
center for the Army National Guard.
National cyber exercises.
Cybersecurity and Infrastructure Security Agency review.
Report on enabling United States Cyber Command resource allocation.
Ensuring cyber resiliency of nuclear command and control system.
Requirements for review of and limitations on the Joint Regional Security Stacks activity.
Implementation of information operations matters.
Report on use of encryption by Department of Defense national security
systems.
Guidance and direction on use of direct hiring processes for artificial intelligence professionals and other data science and software development personnel.
National Cyber Director.

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SEC. 1701. MODIFICATION OF MISSION OF CYBER COMMAND AND
ASSIGNMENT OF CYBER OPERATIONS FORCES.

Title 10, United States Code, is amended—
(1) in section 167b—
(A) in subsection (a)—
(i) in the first sentence, by inserting ‘‘(1)’’ before
‘‘With the advice’’;
(ii) in paragraph (1), as designated by clause (i),
by striking the second sentence; and
(iii) by adding at the end the following new paragraph:
‘‘(2) The principal mission of the Cyber Command is to
direct, synchronize, and coordinate military cyberspace planning and operations to defend and advance national interests

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President.

PUBLIC LAW 116–283—JAN. 1, 2021

in collaboration with domestic and international partners.’’;
and
(B) by amending subsection (b) to read as follows:
‘‘(b) ASSIGNMENT OF FORCES.—(1) Active and reserve cyber
forces of the armed forces shall be assigned to the Cyber Command
through the Global Force Management Process, as approved by
the Secretary of Defense.
‘‘(2) Cyber forces not assigned to Cyber Command remain
assigned to combatant commands or service-retained.’’; and
(2) in section 238—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1)—
(I) by striking ‘‘2017’’ and inserting ‘‘2021’’;
and
(II) by inserting ‘‘, in electronic and print formats,’’ after ‘‘display’’;
(ii) in paragraph (1), by inserting ‘‘and the cyberspace operations forces’’ before the semicolon;
(iii) in paragraph (2), by inserting ‘‘and the cyberspace operations forces’’ before the period;
(B) in subsection (b)—
(i) in the matter preceding paragraph (1), by
striking ‘‘2017’’ and inserting ‘‘2021’’;
(ii) in paragraph (1), by striking ‘‘2017’’ and
inserting ‘‘2021’’; and
(iii) in paragraph (2), by striking ‘‘2018’’ and
inserting ‘‘2022’’; and
(C) by adding at the end the following new subsection:
‘‘(c) SUBMISSION.—The Secretary shall provide the displays
described in subsection (a)—
‘‘(1) in electronic format not later than five days after
the submission by the President under section 1105(a) of title
31 of the budget; and
‘‘(2) in print format not later than 21 days after the submission by the President under section 1105(a) of title 31 of the
budget.’’.

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SEC. 1702. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS.

Subsection (c) of section 395 of title 10, United States Code,
is amended to read as follows:
‘‘(c) SENSITIVE MILITARY CYBER OPERATION DEFINED.—(1) In
this section, the term ‘sensitive military cyber operation’ means
an action described in paragraph (2) that—
‘‘(A) is carried out by the armed forces of the United
States;
‘‘(B) is intended to achieve a cyber effect against a
foreign terrorist organization or a country, including its
armed forces and the proxy forces of that country located
elsewhere—
‘‘(i) with which the armed forces of the United
States are not involved in hostilities (as that term
is used in section 4 of the War Powers Resolution
(50 U.S.C. 1543)); or
‘‘(ii) with respect to which the involvement of the
armed forces of the United States in hostilities has

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134 STAT. 4081

not been acknowledged publicly by the United States;
and
‘‘(C)(i) is determined to—
‘‘(I) have a medium or high collateral effects
estimate;
‘‘(II) have a medium or high intelligence gain
or loss;
‘‘(III) have a medium or high probability of
political retaliation, as determined by the political
military assessment contained within the associated concept of operations;
‘‘(IV) have a medium or high probability of
detection when detection is not intended; or
‘‘(V) result in medium or high collateral effects;
or
‘‘(ii) is a matter the Secretary determines to be
appropriate.
‘‘(2) The actions described in this paragraph are the following:
‘‘(A) An offensive cyber operation.
‘‘(B) A defensive cyber operation.’’.

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SEC. 1703. MODIFICATION OF REQUIREMENTS FOR QUARTERLY
DEPARTMENT
OF
DEFENSE
CYBER
OPERATIONS
BRIEFINGS FOR CONGRESS.

Section 484 of title 10, United States Code, is amended by
striking subsections (a) and (b) and inserting the following new
subsections:
‘‘(a) BRIEFINGS REQUIRED.—The Under Secretary of Defense
for Policy, the Commander of United States Cyber Command, and
the Chairman of the Joint Chiefs of Staff, or designees from each
of their offices, shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive
military operations in cyberspace, including clandestine cyber activities, carried out by the Department of Defense during the immediately preceding quarter.
‘‘(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the military operations in cyberspace
described in such subsection, the following:
‘‘(1) An update, set forth separately for each applicable
geographic and functional command, that describes the operations carried out in the area of operations of that command
or by that command.
‘‘(2) An update, set forth for each applicable geographic
and functional command, that describes defensive cyber operations executed to protect or defend forces, networks, and equipment in the area of operations of that command.
‘‘(3) An update on relevant authorities and legal issues
applicable to operations, including any presidential directives
and delegations of authority received since the last quarterly
update.
‘‘(4) An overview of critical operational challenges posed
by major adversaries or encountered in operational activities
conducted since the last quarterly update.
‘‘(5) An overview of the readiness of the Cyber Mission
Forces to perform assigned missions that—

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‘‘(A) addresses all of the abilities of such Forces to
conduct cyberspace operations based on capability and
capacity of personnel, equipment, training, and equipment
condition—
‘‘(i) using both quantitative and qualitative
metrics; and
‘‘(ii) in a way that is common to all military departments; and
‘‘(B) is consistent with readiness reporting pursuant
to section 482 of this title.
‘‘(6) Any other matters that the briefers determine to be
appropriate.
‘‘(c) DOCUMENTS.—Each briefing under subsection (a) shall
include a classified placemat, summarizing the elements specified
in paragraphs (1), (2), (3), and (5) of subsection (b), and an unclassified memorandum, summarizing the briefing’s contents.’’.
SEC.

1704.

CLARIFICATION RELATING TO PROTECTION FROM
LIABILITY OF OPERATIONALLY CRITICAL CONTRACTORS.

Paragraph (1) of section 391(d) of title 10, United States Code,
is amended—
(1) by inserting ‘‘and contract requirements established
pursuant to Defense Federal Acquisition Regulation Supplement clause 252.204-7012, Safeguarding Covered Defense
Information and Cyber Incident Reporting,’’ after ‘‘compliance
with this section’’; and
(2) by inserting ‘‘and such contract requirements’’ before
the period.

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SEC. 1705. STRENGTHENING FEDERAL NETWORKS; CISA CYBERSECURITY SUPPORT TO AGENCIES.

Section 3553 of title 44, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (6)(D), by striking ‘‘and’’ after the
semicolon;
(B) by redesignating paragraph (7) as paragraph (9);
and
(C) by inserting after paragraph (6) the following new
paragraphs:
‘‘(7) hunting for and identifying, with or without advance
notice to or authorization from agencies, threats and
vulnerabilities within Federal information systems;
‘‘(8) upon request by an agency, and at the Secretary’s
discretion, with or without reimbursement—
‘‘(A) providing services, functions, and capabilities,
including operation of the agency’s information security
program, to assist the agency with meeting the requirements set forth in section 3554(b); and
‘‘(B) deploying, operating, and maintaining secure technology platforms and tools, including networks and common
business applications, for use by the agency to perform
agency functions, including collecting, maintaining, storing,
processing, disseminating, and analyzing information; and’’;
and
(2) by adding at the end the following new subsection:
‘‘(l) INFORMATION SHARING.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, including any provision of law that would otherwise restrict

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134 STAT. 4083

or prevent the head of an agency from disclosing information
to the Secretary, the Secretary in carrying out this section
and title XXII of the Homeland Security Act of 2002 (6 U.S.C.
651 et seq.) may access, use, retain, and disclose, and the
head of an agency may disclose to the Secretary, information,
for the purpose of protecting information and information systems from cybersecurity risks.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to national
security systems or to information systems described in paragraph (2) or (3) of subsection (e).’’.

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SEC. 1706. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER
POSTURE REVIEW.

Section 1644(c) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91), as amended by section
1635 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92), is further amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) The assessment and definition of the role of cyber
forces in the national defense and military strategies of the
United States.’’;
(2) by amending paragraph (2) to read as follows:
‘‘(2) Review of the following:
‘‘(A) The role of cyber operations in combatant commander warfighting plans.
‘‘(B) The ability of combatant commanders to respond
to adversary cyber attacks.
‘‘(C) The international partner cyber capacity-building
programs of the Department.’’;
(3) by amending paragraph (3) to read as follows:
‘‘(3) A review of the law, policies, and authorities relating
to, and necessary for, the United States to maintain a safe,
reliable, and credible cyber posture for defending against and
responding to cyber attacks and for deterrence in cyberspace,
including the following:
‘‘(A) An assessment of the need for further delegation
of cyber-related authorities, including those germane to
information warfare, to the Commander of United States
Cyber Command.
‘‘(B) An evaluation of the adequacy of mission authorities for all cyber-related military components, defense agencies, directorates, centers, and commands.’’;
(4) in paragraph (4), by striking ‘‘A declaratory’’ and
inserting ‘‘A review of the need for or for updates to a declaratory’’;
(5) in paragraph (5), by striking ‘‘Proposed’’ and inserting
‘‘A review of’’;
(6) by amending paragraph (6) to read as follows:
‘‘(6) A review of a strategy to deter, degrade, or defeat
malicious cyber activity targeting the United States (which
may include activities, capability development, and operations
other than cyber activities, cyber capability development, and
cyber operations), including—
‘‘(A) a review and assessment of various approaches
to competition and deterrence in cyberspace, determined
in consultation with experts from Government, academia,
and industry;

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Assessment.

Review.

Assessment.

Evaluation.

Reviews.
Assessments.

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‘‘(B) a comparison of the strengths and weaknesses
of the approaches identified pursuant to subparagraph (A)
relative to the threat of each other; and
‘‘(C) an assessment as to how the cyber strategy will
inform country-specific campaign plans focused on key
leadership of Russia, China, Iran, North Korea, and any
other country the Secretary considers appropriate.’’;
(7) by striking paragraph (8) and inserting the following
new paragraph (8):
‘‘(8) A comprehensive force structure assessment of the
Cyber Operations Forces of the Department for the posture
review period, including the following:
‘‘(A) A determination of the appropriate size and composition of the Cyber Mission Forces to accomplish the
mission requirements of the Department.
‘‘(B) An assessment of the Cyber Mission Forces’ personnel, capabilities, equipment, funding, operational concepts, and ability to execute cyber operations in a timely
fashion.
‘‘(C) An assessment of the personnel, capabilities,
equipment, funding, and operational concepts of Cybersecurity Service Providers and other elements of the Cyber
Operations Forces.’’;
(8) by redesignating paragraphs (9) through (11) as subsections (12) through (14), respectively; and
(9) by inserting after paragraph (8), the following new
paragraphs:
‘‘(9) An assessment of whether the Cyber Mission Force
has the appropriate level of interoperability, integration, and
interdependence with special operations and conventional
forces.
‘‘(10) An evaluation of the adequacy of mission authorities
for the Joint Force Provider and Joint Force Trainer responsibilities of United States Cyber Command, including the adequacy
of the units designated as Cyber Operations Forces to support
such responsibilities.
‘‘(11) An assessment of the missions and resourcing of
the combat support agencies in support of cyber missions of
the Department.’’.

Assessments.

Determination.

Assessment.

Evaluation.

Assessment.

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SEC. 1707. MODIFICATION OF AUTHORITY TO USE OPERATION AND
MAINTENANCE
FUNDS
FOR
CYBER
OPERATIONSPECULIAR CAPABILITY DEVELOPMENT PROJECTS.

Section 1640 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) in subsection (a)—
(A) by striking ‘‘The Secretary of Defense’’ and
inserting ‘‘Subject to subsection (b), the Commander of
the United States Cyber Command’’;
(B) by striking ‘‘per service’’ and inserting ‘‘per use’’;
and
(C) by striking ‘‘through 2022’’ and inserting ‘‘through
2025’’;
(3) by inserting after subsection (a) the following:

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134 STAT. 4085

‘‘(b) LIMITATION.—(1) Each fiscal year, the Secretaries of the
military departments concerned may each obligate and expend
under subsection (a) not more than $10,000,000.
‘‘(2) Each fiscal year, the Commander of the United States
Cyber Command may obligate and expend under subsection
(a) not more than $6,000,000.’’; and
(4) in subsection (d), as so redesignated, by striking
‘‘through 2022’’ and inserting ‘‘through 2025’’.

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SEC. 1708. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER
OF UNITED STATES CYBER COMMAND AND DEVELOPMENT PROGRAM FOR OFFENSIVE CYBER OPERATIONS.

(a) PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF
UNITED STATES CYBER COMMAND TO ATTRACT EXPERTS IN SCIENCE
AND ENGINEERING.—Section 1599h of title 10, United States Code,
as amended by section 1602 of this Act, is further amended—
(1) in subsection (a), by adding at the end the following:
‘‘(8) UNITED STATES CYBER COMMAND.—The Commander
of United States Cyber Command may carry out a program
of personnel management authority provided in subsection (b)
in order to facilitate the recruitment of eminent experts in
computer science, data science, engineering, mathematics, and
computer network exploitation within the headquarters of
United States Cyber Command and the Cyber National Mission
Force.’’; and
(2) in subsection (b)(1)—
(A) in subparagraph (F), by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (G), by inserting ‘‘and’’ after the
semicolon; and
(C) by adding at the end the following new subparagraph:
‘‘(H) in the case of United States Cyber Command,
appoint computer scientists, data scientists, engineers,
mathematicians, and computer network exploitation
specialists to a total of not more than 10 scientific and
engineering positions in the Command;’’.
(b)
PROGRAM
TO
DEVELOP
ACCESSES,
DISCOVER
VULNERABILITIES, AND ENGINEER CYBER TOOLS AND DEVELOP TACTICS, TECHNIQUES, AND PROCEDURES FOR OFFENSIVE CYBER OPERATIONS.—
(1) IN GENERAL.—Pursuant to the authority provided under
section 1599h(a)(8) of title 10, United States Code, as added
by subsection (a), the Commander of United States Cyber Command shall establish a program or augment an existing program within the Command to develop accesses, discover
vulnerabilities, and engineer cyber tools and develop tactics,
techniques, and procedures for the use of these assets and
capabilities in offensive cyber operations.
(2) ELEMENTS.—The program or augmented program
required by paragraph (1) shall—
(A) develop accesses, discover vulnerabilities, and engineer cyber tools and develop tactics, techniques, and procedures fit for Department of Defense military operations
in cyberspace, such as reliability, meeting short development and operational timelines, low cost, and expendability;

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(B) aim to decrease the reliance of Cyber Command
on accesses, tools, and expertise provided by the intelligence
community;
(C) be designed to provide technical and operational
expertise on par with that of programs of the intelligence
community;
(D) enable the Commander to attract and retain expertise resident in the private sector and other technologically
elite government organizations; and
(E) coordinate development activities with, and, as
appropriate, facilitate transition of capabilities from, the
Defense Advanced Research Projects Agency, the Strategic
Capabilities Office, and components within the intelligence
community.
(3) INTELLIGENCE COMMUNITY DEFINED.—In this subsection,
the term ‘‘intelligence community’’ has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).

Coordination.

SEC. 1709. APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM PROGRAM TO DEPARTMENT OF NAVY.

Deadline.

(a) IN GENERAL.—Section 1651 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92) is
amended by adding at the end the following new subsection:
‘‘(f) APPLICABILITY.—The requirements of this section shall
apply in full to the Department of the Navy, including the
Sharkcage and associated programs.’’.
(b) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy, the program
manager of the Unified Platform program, the Chief Information
Officer, and the Principal Cyber Advisor shall jointly brief the
congressional defense committees on the compliance of the Department of the Navy with the requirements of such section, as amended
by subsection (a).
SEC. 1710. REPORT ON CYBER INSTITUTES PROGRAM.

Section 1640 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 2310; 10 U.S.C. 2200 note) is amended by adding at the
end the following:
‘‘(g) REPORT TO CONGRESS.—Not later than September 30, 2021,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the effectiveness of the Cyber Institutes and on opportunities
to expand the Cyber Institutes to additional select institutions
of higher learning that have a Reserve Officers’ Training Corps
program.’’.

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SEC. 1711. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF UNITED STATES CYBER COMMAND.

Section 807 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note) is amended—
(1) by striking subsections (e) and (i); and
(2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.

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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.

(a) EVALUATION OF CYBER VULNERABILITIES OF MAJOR WEAPON
SYSTEMS OF THE DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—Section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 2224 note), as amended by section 1633 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92), is further amended by adding at the end the
following new subsections:
‘‘(i) ESTABLISHING REQUIREMENTS FOR PERIODICITY OF VULNERABILITY REVIEWS.—The Secretary of Defense shall establish policies
and requirements for each major weapon system, and the priority
critical infrastructure essential to the proper functioning of major
weapon systems in broader mission areas, to be re-assessed for
cyber vulnerabilities, taking into account upgrades or other modifications to systems and changes in the threat landscape.
‘‘(j) IDENTIFICATION OF SENIOR OFFICIAL.—Each secretary of
a military department shall identify a senior official who shall
be responsible for ensuring that cyber vulnerability assessments
and mitigations for weapon systems and critical infrastructure are
planned, funded, and carried out.’’.
(2) TECHNICAL CORRECTION.—Such section 1647 of the
National Defense Authorization Act for Fiscal Year 2016 is
further amended—
(A) by redesignating subsection (g) as subsection (h);
and
(B) by redesignating the second subsection (f), as added
by section 1633 of the National Defense Authorization Act
for Fiscal Year 2020, as subsection (g).
(b) STRATEGIC CYBERSECURITY PROGRAM.—Section 1640 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115–91; 10 U.S.C. 2224 note), is amended by striking subsections (a) through (e) and inserting the following new subsections:
‘‘(a) IN GENERAL.—Not later than August 1, 2021, the Secretary
of Defense shall, acting through the Under Secretary of Defense
for Acquisition and Sustainment, the Chief Information Officer,
the Vice Chairman of the Joint Chiefs of Staff, the Commander
of United States Cyber Command, and the Director of the National
Security Agency, establish a program to be known as the ‘Strategic
Cybersecurity Program’ (in this section referred to as the ‘Program’)
to ensure that the Department of Defense is always able to conduct
the most important military missions of the Department.
‘‘(b) PERSONNEL SUPPORT TO THE PROGRAM.—
‘‘(1) IN GENERAL.—The Director of the National Security
Agency shall establish a program office within the Cybersecurity Directorate to support the Program by identifying threats
to, vulnerabilities in, and remediations for the missions and
mission elements described in paragraph (1) of subsection (c).
Such program office shall be headed by a program manager
selected by the Director.
‘‘(2) NATIONAL SECURITY AGENCY PROGRAM OFFICE STAFF
AUGMENTATION.—The Secretary may augment the personnel
assigned to the program office required under paragraph (1)
by assigning personnel as appropriate from among regular and

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reserve members of the Armed Forces, civilian employees of
the Department of Defense (including the Defense intelligence
agencies), and personnel of the research laboratories of the
Department and the Department of Energy, who have particular expertise in the areas of responsibility described in
subsection (c).
‘‘(3) DEPARTMENT OF ENERGY PERSONNEL.—Any personnel
assigned to the program office from among personnel of the
Department of Energy shall be so assigned with the concurrence
of the Secretary of Energy.
‘‘(c) RESPONSIBILITIES.—
‘‘(1) DESIGNATION OF MISSION ELEMENTS OF THE PROGRAM.—
The Under Secretary of Defense for Policy, the Under Secretary
of Defense for Acquisition and Sustainment, and the Vice Chairman of the Joint Chiefs of Staff shall identify and designate
for inclusion in the Program all of the systems, critical infrastructure, kill chains, and processes, including systems and
components in development, that comprise the following military missions of the Department of Defense:
‘‘(A) Nuclear deterrence and strike.
‘‘(B) Select long-range conventional strike missions germane to the warfighting plans of United States European
Command and United States Indo-Pacific Command.
‘‘(C) Offensive cyber operations.
‘‘(D) Homeland missile defense.
‘‘(2) OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND SUSTAINMENT.—The Office of the Under Secretary of Defense for Acquisition and Sustainment shall serve
as the office of primary responsibility for the Program, providing
policy, direction, and oversight regarding the execution of the
National Security Agency program manager’s responsibilities
described in paragraph (5).
‘‘(3) VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—The
Vice Chairman of the Joint Chiefs of Staff shall coordinate
the identification and prioritization of the missions and mission
components, and the development and approval of requirements
relating to the cybersecurity of the missions and mission components, of the Program.
‘‘(4) CHIEF INFORMATION OFFICER.—The Chief Information
Officer, in exercising authority, direction, and control over the
Cybersecurity Directorate of the National Security Agency, shall
ensure that the National Security Agency program office is
responsive to the requirements and direction of the Under
Secretary of Defense for Acquisition and Sustainment.
‘‘(5) PROGRAM MANAGER.—The program manager shall be
responsible for—
‘‘(A) Conducting end-to-end vulnerability assessments
of the missions of the Program and their constituent systems, infrastructure, kill chains, and processes.
‘‘(B) Prioritizing and facilitating the remediation of
identified vulnerabilities in the constituent systems, infrastructure, kill chains, and processes of the missions of
the Program.
‘‘(C) Conducting, prior to the Milestone B approval
for any such system or infrastructure, appropriate reviews
of acquisition and system engineering plans for proposed
systems and infrastructure germane to the missions of

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the Program, in accordance with the Under Secretary of
Defense for Acquisition and Sustainment’s policy and guidance regarding the components of such reviews and the
range of systems and infrastructure to be reviewed.
‘‘(D) Advising the military departments, combatant
commands, and Joint Staff on the vulnerabilities and
cyberattack vectors that pose substantial risk to the missions of the Program and their constituent systems, critical
infrastructure, kill chains, or processes.
‘‘(6) SECRETARY OF DEFENSE DIRECTIVE.—The Secretary of
Defense shall define and issue guidance on the roles and responsibilities for other components with respect to the Program,
including—
‘‘(A) the military departments’ acquisition and
sustainment organizations in supporting and implementing
remedial actions;
‘‘(B) the alignment of Cyber Protection Teams with
the prioritized missions of the Program;
‘‘(C) the role of the Director of Operational Test and
Evaluation in conducting periodic assessments, including
through red teams, of the cybersecurity of missions in
the Program; and
‘‘(D) the role of the Principal Cyber Adviser in coordinating and monitoring the Department’s execution of the
Program.
‘‘(d) INTEGRATION WITH OTHER EFFORTS.—The Under Secretary
of Defense for Acquisition and Sustainment shall ensure that the
Program builds upon, and does not duplicate, other efforts of the
Department of Defense relating to cybersecurity, including the following:
‘‘(1) The evaluation of cyber vulnerabilities of major weapon
systems of the Department of Defense required under section
1647 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114–92).
‘‘(2) The evaluation of cyber vulnerabilities of Department
of Defense critical infrastructure required under section 1650
of the National Defense Authorization Act for Fiscal year 2017
(Public Law 114–328; 10 U.S.C. 2224 note).
‘‘(3) The activities of the cyber protection teams of the
Department of Defense.
‘‘(e) BRIEFING.—Not later than December 1, 2021, the Secretary
of Defense shall provide to the congressional defense committees
a briefing on the establishment of the Program, and the plans,
funding, and staffing of the Program.’’.

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SEC.

1713.

MODIFICATION
ADVISOR.

OF

POSITION

OF

PRINCIPAL

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CYBER

(a) IN GENERAL.—Subsection (c) of section 932 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113–
66; 10 U.S.C. 2224 note) is amended to read as follows:
‘‘(c) PRINCIPAL CYBER ADVISOR.—
‘‘(1) DESIGNATION.—The Secretary shall designate a Principal Cyber Advisor from among those civilian officials of the
Department of Defense who have been appointed to the positions in which they serve by the President, by and with the
advice and consent of the Senate.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(2) RESPONSIBILITIES.—The Principal Cyber Advisor shall
be responsible for the following:
‘‘(A) Acting as the principal advisor to the Secretary
on military cyber forces and activities.
‘‘(B) Overall integration of Cyber Operations Forces
activities relating to cyberspace operations, including associated policy and operational considerations, resources, personnel, technology development and transition, and acquisition.
‘‘(C) Assessing and overseeing the implementation of
the cyber strategy of the Department and execution of
the cyber posture review of the Department on behalf of
the Secretary.
‘‘(D) Coordinating activities pursuant to subparagraphs
(A) and (B) of subsection (c)(3) with the Principal Information Operations Advisor, the Chief Information Officer of
the Department, and other officials as determined by the
Secretary of Defense, to ensure the integration of activities
in support of cyber, information, and electromagnetic spectrum operations.
‘‘(E) Such other matters relating to the offensive military cyber forces of the Department as the Secretary shall
specify for the purposes of this subsection.
‘‘(3) CROSS-FUNCTIONAL TEAM.—Consistent with section 911
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328; 10 U.S.C. 111 note), the Principal Cyber
Advisor shall—
‘‘(A) integrate the cyber expertise and perspectives of
appropriate organizations within the Office of the Secretary
of Defense, Joint Staff, military departments, the Defense
Agencies and Field Activities, and combatant commands,
by establishing and maintaining a full-time cross-functional
team of subject matter experts from those organizations;
and
‘‘(B) select team members, and designate a team leader,
from among those personnel nominated by the heads of
such organizations.’’.
(b) DESIGNATION OF DEPUTY PRINCIPAL CYBER ADVISOR.—Section 905(a)(1) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92) is amended by striking ‘‘Under
Secretary of Defense for Policy’’ and inserting ‘‘Secretary of
Defense’’.
SEC. 1714. CYBERSPACE SOLARIUM COMMISSION.

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132 Stat. 2140.

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Section 1652 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232), is
amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A), by—
(i) striking clauses (i) through (iv); and
(ii) redesignating clauses (v) through (viii) as
clauses (i) through (iv), respectively; and
(B) in subparagraph (B)(i), by striking ‘‘and who are
appointed under clauses (iv) through (vii) of subparagraph
(A)’’;
(2) in subsection (d)(2), by striking ‘‘Seven’’ and inserting
‘‘Six’’;

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(3) in subsection (h), by—
(B) striking ‘‘(1) IN GENERAL.—’’; and
(C) striking paragraph (2);
(4) in subsection (i)(1)(B), by striking ‘‘officers or employees
of the United States or’’; and
(5) in subsection (k)(2)—
(A) in subparagraph (A)—
(i) by striking ‘‘at the end of the 120-day period
beginning on’’ and inserting ‘‘20 months after’’; and
(ii) by adding at the end the following new sentence: ‘‘No extension of the Commission is permitted.’’;
(B) in subparagraph (B), by—
(i) striking ‘‘may use the 120-day’’ and inserting
‘‘shall use the 20-month’’;
(ii) striking ‘‘for the purposes of concluding its
activities, including providing testimony to Congress
concerning the final report referred to in that paragraph and disseminating the report’’ and inserting the
following: ‘‘for the purposes of—’’:
‘‘(i) collecting and assessing comments and feedback from the Executive Branch, academia, and the
public on the analysis and recommendations contained
in the Commission’s report;
‘‘(ii) collecting and assessing any developments in
cybersecurity that may affect the analysis and recommendations contained in the Commission’s report;
‘‘(iii) reviewing the implementation of the recommendations contained in the Commission’s report;
‘‘(iv) revising, amending, or making new recommendations based on the assessments and reviews
required under clauses (i)–(iii);
‘‘(v) providing an annual update to the congressional defense committees, the congressional intelligence committees, the Committee on Homeland Security of the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of
the Senate, the Director of National Intelligence, the
Secretary of Defense, and the Secretary of Homeland
Security in a manner and format determined by the
Commission regarding any such revisions, amendments, or new recommendations; and
‘‘(vi) concluding its activities, including providing
testimony to Congress concerning the final report
referred to in that paragraph and disseminating the
report.’’; and
(C) by adding at the end the following new subparagraph:
‘‘(C) If the Commission is extended, and the effective
date of such extension is after the date on which the
Commission terminated, the Commission shall be deemed
reconstituted with the same members and powers that
existed on the day before such termination date, except
that—
‘‘(i) a member of the Commission may serve only
if the member’s position continues to be authorized
under subsection (b);

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‘‘(ii) no compensation or entitlements relating to
a person’s status with the Commission shall be due
for the period between the termination and reconstitution of the Commission;
‘‘(iii) nothing in this subparagraph may be construed as requiring the extension or reemployment
of any staff member or contractor working for the
Commission;
‘‘(iv) the staff of the Commission shall be—
‘‘(I) selected by the co-chairs of the Commission
in accordance with subsection (h)(1);
‘‘(II) comprised of not more than four individuals, including a staff director; and
‘‘(III) resourced in accordance with subsection
(g)(4)(A);
‘‘(v) with the approval of the co-chairs, may be
provided by contract with a nongovernmental organization;
‘‘(vi) any unexpended funds made available for the
use of the Commission shall continue to be available
for use for the life of the Commission, as well as
any additional funds appropriated to the Department
of Defense that are made available to the Commission,
provided that the total such funds does not exceed
$1,000,000 from the reconstitution of the Commission
to the completion of the Commission; and
‘‘(vii) the requirement for an assessment of the
final report in subsection (l) shall be updated to require
every ten months for a period of 20 months further
assessments of the Federal Government’s responses
to the Commission’s recommendations contained in
such final report.’’.

SEC. 1715. ESTABLISHMENT IN DEPARTMENT OF HOMELAND SECURITY OF JOINT CYBER PLANNING OFFICE.

(a) AMENDMENT.—Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding
at the end the following new section:

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6 USC 665b.

‘‘SEC. 2215. JOINT CYBER PLANNING OFFICE.

‘‘(a) ESTABLISHMENT OF OFFICE.—There is established in the
Agency an office for joint cyber planning (in this section referred
to as the ‘Office’) to develop, for public and private sector entities,
plans for cyber defense operations, including the development of
a set of coordinated actions to protect, detect, respond to, and
recover from cybersecurity risks or incidents or limit, mitigate,
or defend against coordinated, malicious cyber operations that pose
a potential risk to critical infrastructure or national interests. The
Office shall be headed by a senior official of the Agency selected
by the Director.
‘‘(b) PLANNING AND EXECUTION.—In leading the development
of plans for cyber defense operations pursuant to subsection (a),
the head of the Office shall—
‘‘(1) coordinate with relevant Federal departments and
agencies to establish processes and procedures necessary to
develop and maintain ongoing coordinated plans for cyber
defense operations;

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‘‘(2) leverage cyber capabilities and authorities of participating Federal departments and agencies, as appropriate, in
furtherance of plans for cyber defense operations;
‘‘(3) ensure that plans for cyber defense operations are,
to the greatest extent practicable, developed in collaboration
with relevant private sector entities, particularly in areas in
which such entities have comparative advantages in limiting,
mitigating, or defending against a cybersecurity risk or incident
or coordinated, malicious cyber operation;
‘‘(4) ensure that plans for cyber defense operations, as
appropriate, are responsive to potential adversary activity conducted in response to United States offensive cyber operations;
‘‘(5) facilitate the exercise of plans for cyber defense operations, including by developing and modeling scenarios based
on an understanding of adversary threats to, vulnerability of,
and potential consequences of disruption or compromise of critical infrastructure;
‘‘(6) coordinate with and, as necessary, support relevant
Federal departments and agencies in the establishment of
procedures, development of additional plans, including for offensive and intelligence activities in support of cyber defense operations, and creation of agreements necessary for the rapid
execution of plans for cyber defense operations when a cybersecurity risk or incident or malicious cyber operation has been
identified; and
‘‘(7) support public and private sector entities, as appropriate, in the execution of plans developed pursuant to this
section.
‘‘(c) COMPOSITION.—The Office shall be composed of—
‘‘(1) a central planning staff; and
‘‘(2) appropriate representatives of Federal departments
and agencies, including—
‘‘(A) the Department;
‘‘(B) United States Cyber Command;
‘‘(C) the National Security Agency;
‘‘(D) the Federal Bureau of Investigation;
‘‘(E) the Department of Justice; and
‘‘(F) the Office of the Director of National Intelligence.
‘‘(d) CONSULTATION.—In carrying out its responsibilities
described in subsection (b), the Office shall regularly consult with
appropriate representatives of non-Federal entities, such as—
‘‘(1) State, local, federally-recognized Tribal, and territorial
governments;
‘‘(2) information sharing and analysis organizations,
including information sharing and analysis centers;
‘‘(3) owners and operators of critical information systems;
‘‘(4) private entities; and
‘‘(5) other appropriate representatives or entities, as determined by the Secretary.
‘‘(e) INTERAGENCY AGREEMENTS.—The Secretary and the head
of a Federal department or agency referred to in subsection (c)
may enter into agreements for the purpose of detailing personnel
on a reimbursable or non-reimbursable basis.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) CYBER DEFENSE OPERATION.—The term ‘cyber defense
operation’ means defensive activities performed for a cybersecurity purpose.

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‘‘(2) CYBERSECURITY PURPOSE.—The term ‘cybersecurity
purpose’ has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (contained in division N of the
Consolidated Appropriations Act, 2016 (Public Law 114–113;
6 U.S.C. 1501)).
‘‘(3) CYBERSECURITY RISK; INCIDENT.—The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given such terms
in section 2209.
‘‘(4) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘information sharing and analysis organization’ has
the meaning given such term in section 2222(5).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
is amended by inserting after the item relating to section 2214
the following new item:
‘‘Sec. 2215. Joint cyber planning office.’’.

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SEC. 1716. SUBPOENA AUTHORITY.

(a) IN GENERAL.—Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively;
(B) by inserting before paragraph (2), as so redesignated, the following new paragraph:
‘‘(1) the term ‘cybersecurity purpose’ has the meaning given
that term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501);’’;
(C) in paragraph (6), as so redesignated, by striking
‘‘and’’ at the end;
(D) by redesignating paragraph (7), as so redesignated,
as paragraph (8); and
(E) by inserting after paragraph (6), as so redesignated,
the following new paragraph:
‘‘(7) the term ‘security vulnerability’ has the meaning given
that term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501); and’’;
(2) in subsection (c)—
(A) in paragraph (10), by striking ‘‘and’’ at the end;
(B) in paragraph (11), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(12) detecting, identifying, and receiving information for
a cybersecurity purpose about security vulnerabilities relating
to critical infrastructure in information systems and devices.’’;
and
(3) by adding at the end the following new subsection:
‘‘(o) SUBPOENA AUTHORITY.—
‘‘(1) DEFINITION.—In this subsection, the term ‘covered
device or system’—
‘‘(A) means a device or system commonly used to perform industrial, commercial, scientific, or governmental
functions or processes that relate to critical infrastructure,
including operational and industrial control systems,
distributed control systems, and programmable logic
controllers; and

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‘‘(B) does not include personal devices and systems,
such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.
‘‘(2) AUTHORITY.—
‘‘(A) IN GENERAL.—If the Director identifies a system
connected to the internet with a specific security vulnerability and has reason to believe such security vulnerability
relates to critical infrastructure and affects a covered device
or system, and the Director is unable to identify the entity
at risk that owns or operates such covered device or system,
the Director may issue a subpoena for the production of
information necessary to identify and notify such entity
at risk, in order to carry out a function authorized under
subsection (c)(12).
‘‘(B) LIMIT ON INFORMATION.—A subpoena issued
pursuant to subparagraph (A) may seek information—
‘‘(i) only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of
title 18, United States Code; and
‘‘(ii) for not more than 20 covered devices or systems.
‘‘(C) LIABILITY PROTECTIONS FOR DISCLOSING PROVIDERS.—The provisions of section 2703(e) of title 18,
United States Code, shall apply to any subpoena issued
pursuant to subparagraph (A).
‘‘(3) COORDINATION.—
‘‘(A) IN GENERAL.—If the Director exercises the subpoena authority under this subsection, and in the interest
of avoiding interference with ongoing law enforcement
investigations, the Director shall coordinate the issuance
of any such subpoena with the Department of Justice,
including the Federal Bureau of Investigation, pursuant
to interagency procedures which the Director, in coordination with the Attorney General, shall develop not later
than 60 days after the date of the enactment of this subsection.
‘‘(B) CONTENTS.—The inter-agency procedures developed under this paragraph shall provide that a subpoena
issued by the Director under this subsection shall be—
‘‘(i) issued to carry out a function described in
subsection (c)(12); and
‘‘(ii) subject to the limitations specified in this subsection.
‘‘(4) NONCOMPLIANCE.—If any person, partnership, corporation, association, or entity fails to comply with any duly served
subpoena issued pursuant to this subsection, the Director may
request that the Attorney General seek enforcement of such
subpoena in any judicial district in which such person, partnership, corporation, association, or entity resides, is found, or
transacts business.
‘‘(5) NOTICE.—Not later than seven days after the date
on which the Director receives information obtained through
a subpoena issued pursuant to this subsection, the Director
shall notify any entity identified by information obtained pursuant to such subpoena regarding such subpoena and the identified vulnerability.

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‘‘(6) AUTHENTICATION.—
‘‘(A) IN GENERAL.—Any subpoena issued pursuant to
this subsection shall be authenticated with a cryptographic
digital signature of an authorized representative of the
Agency, or other comparable successor technology, that
allows the Agency to demonstrate that such subpoena was
issued by the Agency and has not been altered or modified
since such issuance.
‘‘(B) INVALID IF NOT AUTHENTICATED.—Any subpoena
issued pursuant to this subsection that is not authenticated
in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena.
‘‘(7) PROCEDURES.—Not later than 90 days after the date
of the enactment of this subsection, the Director shall establish
internal procedures and associated training, applicable to
employees and operations of the Agency, regarding subpoenas
issued pursuant to this subsection, which shall address the
following:
‘‘(A) The protection of and restriction on dissemination
of nonpublic information obtained through such a subpoena,
including a requirement that the Agency not disseminate
nonpublic information obtained through such a subpoena
that identifies the party that is subject to such subpoena
or the entity at risk identified by information obtained,
except that the Agency may share the nonpublic information with the Department of Justice for the purpose of
enforcing such subpoena in accordance with paragraph (4),
and may share with a Federal agency the nonpublic
information of the entity at risk if—
‘‘(i) the Agency identifies or is notified of a cybersecurity incident involving such entity, which relates
to the vulnerability which led to the issuance of such
subpoena;
‘‘(ii) the Director determines that sharing the nonpublic information with another Federal department
or agency is necessary to allow such department or
agency to take a law enforcement or national security
action, consistent with the interagency procedures
under paragraph (3)(A), or actions related to mitigating
or otherwise resolving such incident;
‘‘(iii) the entity to which the information pertains
is notified of the Director’s determination, to the extent
practicable consistent with national security or law
enforcement interests, consistent with such interagency
procedures; and
‘‘(iv) the entity consents, except that the entity’s
consent shall not be required if another Federal department or agency identifies the entity to the Agency
in connection with a suspected cybersecurity incident.
‘‘(B) The restriction on the use of information obtained
through such a subpoena for a cybersecurity purpose.
‘‘(C) The retention and destruction of nonpublic
information obtained through such a subpoena, including—
‘‘(i) destruction of such information that the
Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity
pursuant to paragraph (5); and

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134 STAT. 4097

‘‘(ii) destruction of any personally identifiable
information not later than 6 months after the date
on which the Director receives information obtained
through such a subpoena, unless otherwise agreed to
by the individual identified by the subpoena
respondent.
‘‘(D) The processes for providing notice to each party
that is subject to such a subpoena and each entity identified
by information obtained under such a subpoena.
‘‘(E) The processes and criteria for conducting critical
infrastructure security risk assessments to determine
whether a subpoena is necessary prior to being issued
pursuant to this subsection.
‘‘(F) The information to be provided to an entity at
risk at the time of the notice of the vulnerability, which
shall include—
‘‘(i) a discussion or statement that responding to,
or subsequent engagement with, the Agency, is voluntary; and
‘‘(ii) to the extent practicable, information
regarding the process through which the Director
identifies security vulnerabilities.
‘‘(8) LIMITATION ON PROCEDURES.—The internal procedures
established pursuant to paragraph (7) may not require an owner
or operator of critical infrastructure to take any action as
a result of a notice of vulnerability made pursuant to this
Act.
‘‘(9) REVIEW OF PROCEDURES.—Not later than 1 year after
the date of the enactment of this subsection, the Privacy Officer
of the Agency shall—
‘‘(A) review the internal procedures established pursuant to paragraph (7) to ensure that—
‘‘(i) such procedures are consistent with fair
information practices; and
‘‘(ii) the operations of the Agency comply with such
procedures; and
‘‘(B) notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives
of the results of the review under subparagraph (A).
‘‘(10) PUBLICATION OF INFORMATION.—Not later than 120
days after establishing the internal procedures under paragraph
(7), the Director shall publish information on the website of
the Agency regarding the subpoena process under this subsection, including information regarding the following:
‘‘(A) Such internal procedures.
‘‘(B) The purpose for subpoenas issued pursuant to
this subsection.
‘‘(C) The subpoena process.
‘‘(D) The criteria for the critical infrastructure security
risk assessment conducted prior to issuing a subpoena.
‘‘(E) Policies and procedures on retention and sharing
of data obtained by subpoenas.
‘‘(F) Guidelines on how entities contacted by the
Director may respond to notice of a subpoena.

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6 USC 659 note.

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‘‘(11) ANNUAL REPORTS.—The Director shall annually
submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report (which may
include a classified annex but with the presumption of declassification) on the use of subpoenas issued pursuant to this
subsection, which shall include the following:
‘‘(A) A discussion of the following:
‘‘(i) The effectiveness of the use of such subpoenas
to
mitigate
critical
infrastructure
security
vulnerabilities.
‘‘(ii) The critical infrastructure security risk assessment process conducted for subpoenas issued under
this subsection.
‘‘(iii) The number of subpoenas so issued during
the preceding year.
‘‘(iv) To the extent practicable, the number of
vulnerable covered devices or systems mitigated under
this subsection by the Agency during the preceding
year.
‘‘(v) The number of entities notified by the Director
under this subsection, and their responses, during the
preceding year.
‘‘(B) For each subpoena issued pursuant to this subsection, the following:
‘‘(i) Information relating to the source of the security vulnerability detected, identified, or received by
the Director.
‘‘(ii) Information relating to the steps taken to
identify the entity at risk prior to issuing the subpoena.
‘‘(iii) A description of the outcome of the subpoena,
including discussion on the resolution or mitigation
of the critical infrastructure security vulnerability.
‘‘(12) PUBLICATION OF THE ANNUAL REPORTS.—The Director
shall publish a version of the annual report required under
paragraph (11) on the website of the Agency, which shall,
at a minimum, include the findings described in clauses (iii),
(iv), and (v) of subparagraph (A) of such paragraph.
‘‘(13) PROHIBITION ON USE OF INFORMATION FOR UNAUTHORIZED PURPOSES.—Any information obtained pursuant to a subpoena issued under this subsection may not be provided to
any other Federal department or agency for any purpose other
than a cybersecurity purpose or for the purpose of enforcing
a subpoena issued pursuant to this subsection.’’.
(b) RULES OF CONSTRUCTION.—
(1) PROHIBITION ON NEW REGULATORY AUTHORITY.—Nothing
in this section or the amendments made by this section may
be construed to grant the Secretary of Homeland Security,
or the head of any another Federal agency or department,
any authority to promulgate regulations or set standards
relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of
the enactment of this Act.
(2) PRIVATE ENTITIES.—Nothing in this section or the
amendments made by this section may be construed to require
any private entity to—

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134 STAT. 4099

(A) request assistance from the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; or
(B) implement any measure or recommendation suggested by the Director.
SEC. 1717. CYBERSECURITY STATE COORDINATOR.

(a) CYBERSECURITY STATE COORDINATOR.—
(1) IN GENERAL.—Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended—
(A) in section 2202(c) (6 U.S.C. 652(c))—
(i) in paragraph (10), by striking ‘‘and’’ at the
end;
(ii) by redesignating paragraph (11) as paragraph
(12); and
(iii) by inserting after paragraph (10) the following:
‘‘(11) appoint a Cybersecurity State Coordinator in each
State, as described in section 2215; and’’; and
(B) by adding at the end the following new section:

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‘‘SEC. 2215. CYBERSECURITY STATE COORDINATOR.

6 USC 665c.

‘‘(a) APPOINTMENT.—The Director shall appoint an employee
of the Agency in each State, with the appropriate cybersecurity
qualifications and expertise, who shall serve as the Cybersecurity
State Coordinator.
‘‘(b) DUTIES.—The duties of a Cybersecurity State Coordinator
appointed under subsection (a) shall include—
‘‘(1) building strategic public and, on a voluntary basis,
private sector relationships, including by advising on establishing governance structures to facilitate the development and
maintenance of secure and resilient infrastructure;
‘‘(2) serving as the Federal cybersecurity risk advisor and
supporting preparation, response, and remediation efforts
relating to cybersecurity risks and incidents;
‘‘(3) facilitating the sharing of cyber threat information
to improve understanding of cybersecurity risks and situational
awareness of cybersecurity incidents;
‘‘(4) raising awareness of the financial, technical, and operational resources available from the Federal Government to
non-Federal entities to increase resilience against cyber threats;
‘‘(5) supporting training, exercises, and planning for continuity of operations to expedite recovery from cybersecurity
incidents, including ransomware;
‘‘(6) serving as a principal point of contact for non-Federal
entities to engage, on a voluntary basis, with the Federal
Government on preparing, managing, and responding to cybersecurity incidents;
‘‘(7) assisting non-Federal entities in developing and coordinating vulnerability disclosure programs consistent with Federal and information security industry standards;
‘‘(8) assisting State, local, Tribal, and territorial governments, on a voluntary basis, in the development of State cybersecurity plans;
‘‘(9) coordinating with appropriate officials within the
Agency; and
‘‘(10) performing such other duties as determined necessary
by the Director to achieve the goal of managing cybersecurity

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6 USC 665c note.

PUBLIC LAW 116–283—JAN. 1, 2021

risks in the United States and reducing the impact of cyber
threats to non-Federal entities.
‘‘(c) FEEDBACK.—The Director shall consult with relevant State,
local, Tribal, and territorial officials regarding the appointment,
and State, local, Tribal, and territorial officials and other nonFederal entities regarding the performance, of the Cybersecurity
State Coordinator of a State.’’.
(2) COORDINATION PLAN.—Not later than 60 days after
the date of the enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security shall establish and submit
to the Committee on Homeland Security and Governmental
Affairs in the Senate and the Committee on Homeland Security
in the House of Representatives a plan describing the reporting
structure and coordination processes and procedures of Cybersecurity State Coordinators within the Cybersecurity and Infrastructure Security Agency under section 2215 of the Homeland
Security Act of 2002, as added by paragraph (1)(B).
(3) OVERSIGHT.—The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall provide to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives a
briefing on the placement and efficacy of the Cybersecurity
State Coordinators appointed under section 2215 of the Homeland Security Act of 2002, as added by paragraph (1)(B), and
the coordination plan required under paragraph (2)—
(A) not later than one year after the date of enactment
of this Act; and
(B) not later than two years after providing the first
briefing under this paragraph.
(4) RULE OF CONSTRUCTION.—Nothing in this subsection
or the amendments made by this subsection may be construed
to affect or otherwise modify the authority of Federal law
enforcement agencies with respect to investigations relating
to cybersecurity incidents.
(5) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2214 the following
new item:
‘‘Sec. 2215. Cybersecurity State Coordinator.’’.

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(b) STAKEHOLDER OUTREACH AND OPERATIONAL ENGAGEMENT
STRATEGY AND IMPLEMENTATION PLAN.—
(1) STRATEGY.—Not later than one year after the date
of the enactment of this Act, the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of Homeland Security shall issue a strategy and subsequent
implementation plan to improve stakeholder outreach and operational engagement, including the Agency’s strategic and operational goals and priorities for carrying out stakeholder engagement activities.
(2) CONTENTS.—The stakeholder outreach and operational
engagement strategy and implementation plan issued pursuant
to paragraph (1) shall include the following:
(A) A catalogue of the stakeholder engagement services
delivered by the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, including

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134 STAT. 4101

the regions of the stakeholder services delivered and the
critical infrastructure sectors (as such term is defined in
section 2001(3) of the Homeland Security Act of 2002 (6
U.S.C. 601(3)) involved.
(B) An assessment of the capacity of programs of the
Agency to deploy personnel, including the adequacy of such
personnel to meet service requests and the ability of such
personnel to engage with and deliver services to stakeholders in urban, suburban, and rural areas.
(C) Long-term objectives of such personnel, including
training of the workforce to optimize the capabilities of
such programs and capacity goals.
(D) A description of programs, policies, and activities
used to carry out such stakeholder engagement services
under subparagraph (A).
(E) Resources and personnel necessary to effectively
support critical infrastructure owners and operators and,
as appropriate, other entities, including non-profit
organizations, based on current and projected demand for
Agency services.
(F) Guidance on how outreach to critical infrastructure
owners and operators in a region should be prioritized.
(G) Plans to ensure that stakeholder engagement personnel of the Agency have a clear understanding of expectations for engagement within each critical infrastructure
sector and subsector, whether during steady state or surge
capacity.
(H) Metrics for measuring how effective stakeholder
engagement services under subparagraph (A) are at furthering the Agency’s strategic and operational goals and
priorities.
(I) Mechanisms to track regional engagement by personnel of the Agency with critical infrastructure owners
and operators, and how frequently such engagement takes
place.
(J) Plans for awareness campaigns to familiarize critical infrastructure owners and operators with security
resources and support offered by the Cybersecurity and
Infrastructure Security Agency.
(K) A description of how to prioritize engagement with
critical infrastructure sectors based on threat information
and the capacity of such sectors to mitigate such threats
(L) Projected timelines, benchmarks, and resource
requirements to implement the Agency’s strategic goals
and priorities.
(3) STAKEHOLDER INPUT.—In issuing the stakeholder outreach and operational engagement strategy required under
paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security
shall, to the extent practicable, solicit input from stakeholders
representing the following:
(A) Each of the critical infrastructure sectors.
(B) Critical infrastructure owners and operators located
in each region in which the Agency maintains a field office.
(4) OVERSIGHT.—Upon issuance of the stakeholder outreach
and operational engagement strategy and implementation plan
required under paragraph (1), the Director of the Cybersecurity

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PUBLIC LAW 116–283—JAN. 1, 2021
and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate
such strategy and plan, together with any associated legislative
or budgetary proposals relating thereto.

SEC. 1718. CYBERSECURITY ADVISORY COMMITTEE.

(a) IN GENERAL.—Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by section
1715 of this Act, is further amended by adding at the end the
following new section:
6 USC 665e.

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‘‘SEC. 2216. CYBERSECURITY ADVISORY COMMITTEE.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish within the
Agency a Cybersecurity Advisory Committee (referred to in this
section as the ‘Advisory Committee’).
‘‘(b) DUTIES.—
‘‘(1) IN GENERAL.—The Advisory Committee shall advise,
consult with, report to, and make recommendations to the
Director, as appropriate, on the development, refinement, and
implementation of policies, programs, planning, and training
pertaining to the cybersecurity mission of the Agency.
‘‘(2) RECOMMENDATIONS.—
‘‘(A) IN GENERAL.—The Advisory Committee shall
develop, at the request of the Director, recommendations
for improvements to advance the cybersecurity mission of
the Agency and strengthen the cybersecurity of the United
States.
‘‘(B) RECOMMENDATIONS OF SUBCOMMITTEES.—Recommendations agreed upon by subcommittees established
under subsection (d) for any year shall be approved by
the Advisory Committee before the Advisory Committee
submits to the Director the annual report under paragraph
(4) for that year.
‘‘(3) PERIODIC REPORTS.—The Advisory Committee shall
periodically submit to the Director—
‘‘(A) reports on matters identified by the Director; and
‘‘(B) reports on other matters identified by a majority
of the members of the Advisory Committee.
‘‘(4) ANNUAL REPORT.—
‘‘(A) IN GENERAL.—The Advisory Committee shall
submit to the Director an annual report providing information on the activities, findings, and recommendations of
the Advisory Committee, including its subcommittees, for
the preceding year.
‘‘(B) PUBLICATION.—Not later than 180 days after the
date on which the Director receives an annual report for
a year under subparagraph (A), the Director shall publish
a public version of the report describing the activities of
the Advisory Committee and such related matters as would
be informative to the public during that year, consistent
with section 552(b) of title 5, United States Code.
‘‘(5) FEEDBACK.—Not later than 90 days after receiving
any recommendation submitted by the Advisory Committee
under paragraph (2), (3), or (4), the Director shall respond
in writing to the Advisory Committee with feedback on the
recommendation. Such a response shall include—

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‘‘(A) with respect to any recommendation with which
the Director concurs, an action plan to implement the recommendation; and
‘‘(B) with respect to any recommendation with which
the Director does not concur, a justification for why the
Director does not plan to implement the recommendation.
‘‘(6) CONGRESSIONAL NOTIFICATION.—Not less frequently
than once per year after the date of enactment of this section,
the Director shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives a
briefing on feedback from the Advisory Committee.
‘‘(7) GOVERNANCE RULES.—The Director shall establish
rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection (d).
‘‘(c) MEMBERSHIP.—
‘‘(1) APPOINTMENT.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Cybersecurity Advisory Committee
Authorization Act of 2020, the Director shall appoint the
members of the Advisory Committee.
‘‘(B) COMPOSITION.—The membership of the Advisory
Committee shall consist of not more than 35 individuals.
‘‘(C) REPRESENTATION.—
‘‘(i) IN GENERAL.—The membership of the Advisory
Committee shall satisfy the following criteria:
‘‘(I) Consist of subject matter experts.
‘‘(II) Be geographically balanced.
‘‘(III) Include representatives of State, local,
and Tribal governments and of a broad range of
industries, which may include the following:
‘‘(aa) Defense.
‘‘(bb) Education.
‘‘(cc) Financial services and insurance.
‘‘(dd) Healthcare.
‘‘(ee) Manufacturing.
‘‘(ff) Media and entertainment.
‘‘(gg) Chemicals.
‘‘(hh) Retail.
‘‘(ii) Transportation.
‘‘(jj) Energy.
‘‘(kk) Information Technology.
‘‘(ll) Communications.
‘‘(mm) Other relevant fields identified by
the Director.
‘‘(ii) PROHIBITION.—Not fewer than one member
nor more than three members may represent any one
category under clause (i)(III).
‘‘(iii) PUBLICATION OF MEMBERSHIP LIST.—The
Advisory Committee shall publish its membership list
on a publicly available website not less than once per
fiscal year and shall update the membership list as
changes occur.
‘‘(2) TERM OF OFFICE.—

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‘‘(A) TERMS.—The term of each member of the Advisory
Committee shall be two years, except that a member may
continue to serve until a successor is appointed.
‘‘(B) REMOVAL.—The Director may review the participation of a member of the Advisory Committee and remove
such member any time at the discretion of the Director.
‘‘(C) REAPPOINTMENT.—A member of the Advisory Committee may be reappointed for an unlimited number of
terms.
‘‘(3) PROHIBITION ON COMPENSATION.—The members of the
Advisory Committee may not receive pay or benefits from the
United States Government by reason of their service on the
Advisory Committee.
‘‘(4) MEETINGS.—
‘‘(A) IN GENERAL.—The Director shall require the
Advisory Committee to meet not less frequently than semiannually, and may convene additional meetings as necessary.
‘‘(B) PUBLIC MEETINGS.—At least one of the meetings
referred to in subparagraph (A) shall be open to the public.
‘‘(C) ATTENDANCE.—The Advisory Committee shall
maintain a record of the persons present at each meeting.
‘‘(5) MEMBER ACCESS TO CLASSIFIED INFORMATION.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date on which a member is first appointed to the Advisory
Committee and before the member is granted access to
any classified information, the Director shall determine,
for the purposes of the Advisory Committee, if the member
should be restricted from reviewing, discussing, or possessing classified information.
‘‘(B) ACCESS.—Access to classified materials shall be
managed in accordance with Executive Order No. 13526
of December 29, 2009 (75 Fed. Reg. 707), or any subsequent
corresponding Executive Order.
‘‘(C) PROTECTIONS.—A member of the Advisory Committee shall protect all classified information in accordance
with the applicable requirements for the particular level
of classification of such information.
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to affect the security clearance
of a member of the Advisory Committee or the authority
of a Federal agency to provide a member of the Advisory
Committee access to classified information.
‘‘(6) CHAIRPERSON.—The Advisory Committee shall select,
from among the members of the Advisory Committee—
‘‘(A) a member to serve as chairperson of the Advisory
Committee; and
‘‘(B) a member to serve as chairperson of each subcommittee of the Advisory Committee established under
subsection (d).
‘‘(d) SUBCOMMITTEES.—
‘‘(1) IN GENERAL.—The Director shall establish subcommittees within the Advisory Committee to address cybersecurity
issues, which may include the following:
‘‘(A) Information exchange.
‘‘(B) Critical infrastructure.
‘‘(C) Risk management.

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134 STAT. 4105

‘‘(D) Public and private partnerships.
‘‘(2) MEETINGS AND REPORTING.—Each subcommittee shall
meet not less frequently than semiannually, and submit to
the Advisory Committee for inclusion in the annual report
required under subsection (b)(4) information, including activities, findings, and recommendations, regarding subject matter
considered by the subcommittee.
‘‘(3) SUBJECT MATTER EXPERTS.—The chair of the Advisory
Committee shall appoint members to subcommittees and shall
ensure that each member appointed to a subcommittee has
subject matter expertise relevant to the subject matter of the
subcommittee.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107–296;
116 Stat. 2135), as so amended, is further amended by inserting
after the item relating to section 2215 the following new item:

Recommendations.

‘‘Sec. 2216. Cybersecurity Advisory Committee.’’.

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SEC. 1719. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE
PROGRAM.

(a) AUTHORITIES.—Section 2202(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 652(e)(1)) is amended by adding at the
end the following new subparagraph:
‘‘(R) To encourage and build cybersecurity awareness
and competency across the United States and to develop,
attract, and retain the cybersecurity workforce necessary
for the cybersecurity related missions of the Department,
including by—
‘‘(i) overseeing elementary and secondary cybersecurity education and awareness related programs at
the Agency;
‘‘(ii) leading efforts to develop, attract, and retain
the cybersecurity workforce necessary for the cybersecurity related missions of the Department;
‘‘(iii) encouraging and building cybersecurity
awareness and competency across the United States;
and
‘‘(iv) carrying out cybersecurity related workforce
development activities, including through—
‘‘(I) increasing the pipeline of future cybersecurity professionals through programs focused on
elementary and secondary education, postsecondary education, and workforce development; and
‘‘(II) building awareness of and competency
in cybersecurity across the civilian Federal Government workforce.’’.
(b) EDUCATION, TRAINING, AND CAPACITY DEVELOPMENT.—Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c))
is amended—
(1) in paragraph (10), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (11) as paragraph (12);
and
(3) by inserting after paragraph (10) the following new
paragraph:
‘‘(11) provide education, training, and capacity development
to Federal and non-Federal entities to enhance the security

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and resiliency of domestic and global cybersecurity and infrastructure security; and’’.
(c) ESTABLISHMENT OF TRAINING PROGRAMS.—Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.),
as amended by sections 1715 and 1718 of this Act, is further
amended by adding at the end the following new section:
6 USC 665f.

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Deadline.

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‘‘SEC. 2217. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Cybersecurity Education and
Training Assistance Program (referred to in this section as
‘CETAP’) is established within the Agency.
‘‘(2) PURPOSE.—The purpose of CETAP shall be to support
the effort of the Agency in building and strengthening a
national cybersecurity workforce pipeline capacity through
enabling elementary and secondary cybersecurity education,
including by—
‘‘(A) providing foundational cybersecurity awareness
and literacy;
‘‘(B) encouraging cybersecurity career exploration; and
‘‘(C) supporting the teaching of cybersecurity skills at
the elementary and secondary education levels.
‘‘(b) REQUIREMENTS.—In carrying out CETAP, the Director
shall—
‘‘(1) ensure that the program—
‘‘(A) creates and disseminates cybersecurity-focused
curricula and career awareness materials appropriate for
use at the elementary and secondary education levels;
‘‘(B) conducts professional development sessions for
teachers;
‘‘(C) develops resources for the teaching of cybersecurity-focused curricula described in subparagraph (A);
‘‘(D) provides direct student engagement opportunities
through camps and other programming;
‘‘(E) engages with State educational agencies and local
educational agencies to promote awareness of the program
and ensure that offerings align with State and local curricula;
‘‘(F) integrates with existing post-secondary education
and workforce development programs at the Department;
‘‘(G) promotes and supports national standards for
elementary and secondary cyber education;
‘‘(H) partners with cybersecurity and education stakeholder groups to expand outreach; and
‘‘(I) any other activity the Director determines necessary to meet the purpose described in subsection (a)(2);
and
‘‘(2) enable the deployment of CETAP nationwide, with
special consideration for underserved populations or communities.
‘‘(c) BRIEFINGS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the establishment of CETAP, and annually thereafter, the Secretary shall
brief the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives on the program.

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134 STAT. 4107

‘‘(2) CONTENTS.—Each briefing conducted under paragraph
(1) shall include—
‘‘(A) estimated figures on the number of students
reached and teachers engaged;
‘‘(B) information on outreach and engagement efforts,
including the activities described in subsection (b)(1)(E);
‘‘(C) information on new curricula offerings and teacher
training platforms; and
‘‘(D) information on coordination with post-secondary
education and workforce development programs at the
Department.
‘‘(d) MISSION PROMOTION.—The Director may use appropriated
amounts to purchase promotional and recognition items and marketing and advertising services to publicize and promote the mission
and services of the Agency, support the activities of the Agency,
and to recruit and retain Agency personnel.’’.
(d) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002, as so amended, is
further amended by inserting after the item relating to section
2216 the following new item:

Estimate.

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‘‘Sec. 2217. Cybersecurity Education and Training Programs.’’.

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SEC. 1720. FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS.

10 USC 394 note.

(a) FRAMEWORK REQUIRED.—Not later than April 1, 2021, the
Secretary of Defense shall develop a standard, comprehensive
framework to enhance the consistency, execution, and effectiveness
of cyber hunt forward operations.
(b) ELEMENTS.—The framework developed pursuant to subsection (a) shall include the following:
(1) Identification of the selection criteria for proposed cyber
hunt forward operations, including specification of necessary
thresholds for the justification of operations and thresholds
for partner cooperation.
(2) The roles and responsibilities of the following organizations in the support of the planning and execution of cyber
hunt forward operations:
(A) United States Cyber Command.
(B) Service cyber components.
(C) The Office of the Under Secretary of Defense for
Policy.
(D) Geographic combatant commands.
(E) Cyber Operations-Integrated Planning Elements
and Joint Cyber Centers.
(F) Embassies and consulates of the United States.
(3) Pre-deployment planning guidelines to maximize the
operational success of each unique operation, including guidance that takes into account the highly variable nature of
the following aspects at the tactical level:
(A) Team composition, including necessary skillsets,
recommended training, and guidelines on team size and
structure.
(B) Relevant factors to determine mission duration in
a country of interest.
(C) Agreements with partner countries required predeployment.
(D) Criteria for potential follow-on operations.

Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021
(E) Equipment and infrastructure required to support
the missions.
(4) Metrics to measure the effectiveness of each operation,
including means to evaluate the value of discovered malware
and infrastructure, the effect on the adversary, and the potential for future engagements with the partner country.
(5) Roles and responsibilities for United States Cyber Command and the National Security Agency in the analysis of
relevant mission data.
(6) A detailed description of counterintelligence support
for cyber hunt forward operations.
(7) A standardized force presentation model across service
components and combatant commands.
(8) Review of active and reserve component personnel policies to account for deployment and redeployment operations,
including the following:
(A) Global Force Management.
(B) Contingency, Exercise, and Deployment orders to
be considered for and applied towards deployment credit
and benefits.
(9) Such other matters as the Secretary determines relevant.
(c) BRIEFING.—
(1) IN GENERAL.—Not later than May 1, 2021, the Secretary
of Defense shall provide to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a briefing on the framework developed
pursuant to subsection (a).
(2) CONTENTS.—The briefing required by paragraph (1)
shall include the following:
(A) An overview of the framework developed pursuant
to subsection (a).
(B) An explanation of the tradeoffs associated with
the use of Department of Defense resources for cyber hunt
forward missions in the context of competing priorities.
(C) Such recommendations as the Secretary may have
for legislative action to improve the effectiveness of cyber
hunt forward missions.

Deadline.

Recommendations.

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SEC. 1721. RATIONALIZATION AND INTEGRATION OF PARALLEL CYBERSECURITY ARCHITECTURES AND OPERATIONS.

(a) REVIEW REQUIRED.—The Commander of United States
Cyber Command, with support from the Chief Information Officer
of the Department of Defense, the Chief Data Officer of the Department, the Principal Cyber Advisor, the Vice Chairman of the Joint
Chiefs of Staff, and the Director of Cost Analysis and Program
Evaluation, as well as the Principal Cyber Advisors and the Chief
Information Officers of the military services, shall conduct a review
of the Cybersecurity Service Provider and Cyber Mission Force
enterprises.
(b) ASSESSMENT AND IDENTIFICATION OF REDUNDANCIES AND
GAPS.—The review required by subsection (a) shall assess and
identify—
(1) the optimal way to integrate the Joint Cyber
Warfighting Architecture and the Cybersecurity Service Provider architectures, associated tools and capabilities, and associated concepts of operations;

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134 STAT. 4109

(2) redundancies and gaps in network sensor deployment
and data collection and analysis for the—
(A) Big Data Platform;
(B) Joint Regional Security Stacks; and
(C) Security Information and Event Management
capabilities;
(3) where integration, collaboration, and interoperability
are not occurring that would improve outcomes;
(4) baseline training, capabilities, competencies, operational
responsibilities, and joint concepts of operations for the Joint
Force Headquarters for the Department of Defense Information
Network, Cybersecurity Service Providers, and Cyber Protection
Teams;
(5) the roles and responsibilities of the Principal Cyber
Advisor, Chief Information Officer, and the Commander of
United States Cyber Command in establishing and overseeing
the baselines assessed and identified under paragraph (4);
(6) the optimal command structure for the military services’
and combatant commands’ cybersecurity service providers and
cyber protection teams;
(7) the responsibilities of network owners and cybersecurity
service providers in mapping, configuring, instrumenting, and
deploying sensors on networks to best support response of
cyber protection teams when assigned to defend unfamiliar
networks; and
(8) operational concepts and engineering changes to
enhance remote access and operations of cyber protection teams
on networks through tools and capabilities of the Cybersecurity
Service Providers.
(c) RECOMMENDATIONS FOR FISCAL YEAR 2023 BUDGET.—The
Chief Information Officer, the Chief Data Officer, the Commander
of United States Cyber Command, and the Principal Cyber Advisor
shall jointly develop recommendations for the Secretary of Defense
in preparation of the budget justification materials to be submitted
to Congress in support of the budget for the Department of Defense
for fiscal year 2023 (as submitted with the budget of the President
for such fiscal year under section 1105(a) of title 31, United States
Code).
(d) PROGRESS BRIEFING.—Not later than March 31, 2021, the
Chief Information Officer, the Chief Data Officer, the Commander
of United States Cyber Command, and the Principal Cyber Advisor
shall jointly provide a briefing to the congressional defense committees on the progress made in carrying out this section.

Deadline.

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SEC. 1722. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM
COMPUTING.

(a) COMPREHENSIVE ASSESSMENT AND RECOMMENDATIONS
REQUIRED.—Not later than December 31, 2021, the Secretary of
Defense shall—
(1) complete a comprehensive assessment of the current
and potential threats and risks posed by quantum computing
technologies to critical national security systems, including—
(A) an identification and prioritization of critical
national security systems at risk;
(B) an assessment of the standards of the National
Institute of Standards and Technology for quantum resistant cryptography and the applicability of such standards

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Deadline.

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134 STAT. 4110

Recommendations.

Deadline.

10 USC 394 note.
Deadline.
Consultation.

Examination.
Review.

Recommendations.

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Deadline.
Briefing.

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to cryptographic requirements of the Department of
Defense;
(C) an assessment of the feasibility of alternate
quantum-resistant algorithms and features; and
(D) a description of any funding shortfalls in public
and private developmental efforts relating to quantum
resistant cryptography, standards, and models; and
(2) develop recommendations for research, development,
and acquisition activities, including resourcing schedules, for
securing the critical national security systems identified pursuant to paragraph (1)(A) against quantum computing codebreaking capabilities.
(b) BRIEFING.—Not later than February 1, 2022, the Secretary
shall brief the congressional defense committees on the assessment
completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection.
SEC. 1723. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.

(a) STUDY.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Navy and
the Chief of Naval Operations, in consultation with the Commander of United States Cyber Command, shall submit to
the congressional defense committees a study of the Navy Cyber
Warfare Development Group (NCWDG).
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) An examination of NCWDG’s structure, manning,
authorities, funding, and operations.
(B) A review of organizational relationships—
(i) within the Navy; and
(ii) to other Department of Defense organizations,
as well as non-Department of Defense organizations.
(C) Recommendations for how the NCWDG can be
strengthened and improved, without growth in size.
(D) Such other information as determined necessary
or appropriate by the Secretary of the Navy.
(3) RELEASE.—
(A) TO CONGRESS.—Not later than 7 days after completion of the study required under paragraph (1), the Secretary of the Navy shall brief the congressional defense
committees on the findings of the study.
(B) TO SERVICE SERVICES.— The Secretary of the Navy
shall transmit to the secretaries of the military services
and the Assistant Secretary of Defense for Special Operations and Irregular Warfare the study required under
paragraph (1).
(b) DESIGNATION.—Notwithstanding any other provision of law,
the Secretary of the Navy shall designate the NCWDG as a screened
command.
(c) AUTHORITY TO REPLICATE.—After review of the study
required under subsection (a) and consulting the Commander of
United States Cyber Command in accordance with procedures established by the Secretary of Defense, the secretaries of the military
services may establish tailored cyberspace operations organizations
of comparable size to NCWDG within the military service, respectively, of each such secretary. Such counterpart organizations shall

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4111

have the same authorities as the NCWDG. On behalf of United
States Special Operations Command, the Assistant Secretary of
Defense for Special Operations and Irregular Warfare may
authorize a tailored cyberspace operations organization within
United States Special Operations Command of similar size and
equivalent authorities as NCWDG.
(d) BRIEFING TO CONGRESS.—Not later than 180 days after
the date of the enactment of this Act, the secretaries of the military
services and the Assistant Secretary of Defense for Special Operations and Irregular Warfare shall brief the congressional defense
committees on—
(1) the utilization of the authority provided pursuant to
subsection (c); and
(2) if appropriate based on such utilization, details on how
the military service, respectively, of each such secretary intends
to establish tailored cyberspace operations organizations.

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SEC. 1724. RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL
INFRASTRUCTURE PROTECTION OF THE DEFENSE INDUSTRIAL BASE.

Deadline.

10 USC 2224
note.

(a) CRITICAL INFRASTRUCTURE DEFINED.—In this section, the
term ‘‘critical infrastructure’’ has the meaning given such term
in section 1016(e) of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(b) DESIGNATION.—The Secretary of Defense shall designate
the Principal Cyber Advisor of the Department of Defense as the
coordinating authority for cybersecurity issues relating to the
defense industrial base.
(c) RESPONSIBILITIES.—As the coordinating authority for cybersecurity issues relating to the defense industrial base, the Principal
Cyber Advisor of the Department of Defense shall synchronize,
harmonize, de-conflict, and coordinate all policies and programs
germane to defense industrial base cybersecurity, including the
following:
(1) The Sector Specific Agency functions under Presidential
Policy Directive-21 the Department of Defense has assigned
to the Under Secretary of Defense for Policy for implementation.
(2) The Under Secretary of Defense for Acquisition and
Sustainment’s policies and programs germane to contracting
and contractual enforcement as such relate to cybersecurity
assessment and assistance, and industrial base health and
security.
(3) The Under Secretary of Defense for Intelligence and
Security’s policies and programs germane to physical security,
information security, industrial security, acquisition security
and cybersecurity, all source intelligence, classified threat intelligence sharing related to defense industrial base cybersecurity
activities, counterintelligence, and foreign ownership control
or influence, including the Defense Intelligence Agency and
National Security Agency support provided to the Department
of Defense – Defense Industrial Base Collaborative Information
Sharing Environment and cyber intrusion damage assessment
analysis as part of defense industrial base cybersecurity activities.

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134 STAT. 4112

(4) The Department of Defense Chief Information Officer’s
policies and programs for cybersecurity standards and integrating cybersecurity threat intelligence-sharing activities and
enhancing Department of Defense and defense industrial base
cyber situational awareness.
(5) The Under Secretary of Defense for Research and
Engineering’s policies and programs germane to protection
planning requirements of emerging technologies as such relate
to cybersecurity assessment and assistance, and industrial base
health and security.
(6) Other Department of Defense components’ policies and
programs germane to the cybersecurity of the defense industrial
base, including the policies and programs of the military services and the combatant commands.
(d) ADDITIONAL FUNCTIONS.—In carrying out this section, the
Principal Cyber Advisor of the Department of Defense shall—
(1) coordinate or facilitate coordination with relevant Federal departments and agencies, defense industrial base entities,
independent regulatory agencies, and with State, local, territorial, and Tribal entities, as appropriate;
(2) facilitate or coordinate the provision of incident management support to defense industrial base entities, as appropriate;
(3) facilitate or coordinate the provision of technical assistance to and consultations with defense industrial base entities
to identify cyber or cyber-physical vulnerabilities and minimize
the damage of potential incidents, as appropriate; and
(4) support or facilitate the supporting of the statutorily
required reporting requirements of such relevant Federal
departments and agencies by providing or facilitating the provision to such departments and agencies on an annual basis
relevant critical infrastructure information, as appropriate.
(e) DEPARTMENT OF DEFENSE ROLES AND RESPONSIBILITIES.—
No later than 180 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
following issues:
(1) A plan for implementation of this section, including
an assessment of the roles and responsibilities of entities across
the Department of Defense and mechanisms and processes
for coordination of policy and programs germane to defense
industrial base cybersecurity.
(2) An analysis of the feasibility and advisability of separating cybersecurity Sector Specific Agency functions under
Presidential Policy Directive-21 from non-cybersecurity Sector
Specific Agency functions.
(3) Regarding the non-cybersecurity Sector Specific Agency
functions the Department has assigned to the Under Secretary
of Defense for Policy for implementation, the implications of
reassigning such responsibilities to the Under Secretary of
Defense for Acquisition and Sustainment.

Deadline.
Briefing.

Plan.
Coordination.

Analysis.

32 USC 901 note.

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PUBLIC LAW 116–283—JAN. 1, 2021

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.

(a) PILOT PROGRAM AUTHORIZED.—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4113

(1) IN GENERAL.—The Secretary of Defense may conduct
a pilot program to assess the feasibility and advisability of
the development of a capability in support of Department of
Defense missions within the National Guard through which
a National Guard of a State remotely provides National Guards
of other States (whether or not in the same Armed Force
as the providing National Guard) with cybersecurity technical
assistance in training, preparation, and response to cyber
incidents.
(2) TERMINATION.—The authorization under paragraph (1)
to conduct the pilot program expires 24 months after the date
of the enactment of this Act.
(b) ASSESSMENT PRIOR TO COMMENCEMENT.—For purposes of
the pilot program described in subsection (a), the Secretary of
Defense shall, prior to commencing the pilot program, for purposes
of evaluating existing platforms, technologies, and capabilities
under subsection (c), and for establishing eligibility and participation requirements under such subsection—
(1) conduct an assessment of—
(A) existing cyber response capacities of the Army
National Guard or Air National Guard, as applicable, in
each State; and
(B) any existing platform, technology, or capability of
a National Guard that provides the capability described
in subsection (a)(1);
(2) determine whether a platform, technology, or capability
referred to in subparagraph (B) is suitable for expansion for
purposes of the pilot program; and
(3) assess potential benefits or impact on the missions,
the Total Force, the Cyber Operations Forces, and the cyber
infrastructure of the Department of Defense.
(c) ELEMENTS.—The pilot program described in subsection (a)
may include the following:
(1) A technical capability that enables the National Guard
of a State to remotely provide cybersecurity technical assistance
to National Guards of other States, without the need to deploy
outside its home State.
(2) The development of policies, processes, procedures, and
authorities for use of such a capability, including with respect
to the following:
(A) The roles and responsibilities of both requesting
and deploying National Guards with respect to such technical assistance, taking into account the matters specified
in subsection (g).
(B) Necessary updates to the Defense Cyber Incident
Coordinating Procedure, or any other applicable Department of Defense instruction, for purposes of implementing
such a capability.
(C) Program management and governance structures
for deployment and maintenance of such a capability.
(D) Security when performing remote support,
including in matters such as authentication and remote
sensing.
(3) The conduct, in consultation with the Secretary of
Homeland Security and the Director of the Federal Bureau

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Determination.

Procedures.

Consultation.

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Consultation.

Summary.

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Summary.

Assessment.

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of Investigation, the heads of other Federal agencies, and appropriate non-Federal entities, as appropriate, of at least one exercise to demonstrate such a capability, which exercise shall
include the following:
(A) Participation of not fewer than the National Guards
of two different States.
(B) Circumstances designed to test and validate the
policies, processes, procedures, and authorities developed
pursuant to paragraph (2).
(d) USE OF EXISTING TECHNOLOGY.—The Secretary of Defense
may use an existing platform, technology, or capability to provide
the technical capability described in subsection (a)(1) under the
pilot program.
(e) ELIGIBILITY AND PARTICIPATION REQUIREMENTS.—The Secretary of Defense shall, in consultation with the Chief of the
National Guard Bureau, establish requirements with respect to
eligibility and participation of National Guards in the pilot program.
(g) CONSTRUCTION WITH CERTAIN CURRENT AUTHORITIES.—
(1) COMMAND AUTHORITIES.—Nothing in this section may
be construed as affecting or altering the command authorities
otherwise applicable to any unit of the National Guard participating in the pilot program.
(2) EMERGENCY MANAGEMENT ASSISTANCE COMPACT.—
Nothing in this section may be construed as affecting or altering
any current agreement under the Emergency Management
Assistance Compact, or any other State agreements, or as determinative of the future content of any such agreement.
(h) EVALUATION METRICS.—The Secretary of Defense shall
establish metrics to evaluate the effectiveness of the pilot program.
(i) TERM.—The pilot program under subsection (b) shall terminate not later than the date that is three years after the date
of the commencement of the pilot program.
(j) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the
date of the commencement of the pilot program, the Secretary
of Defense shall submit to the appropriate committees of Congress and the Secretary of Homeland Security an initial report
setting forth a description of the pilot program and such other
matters in connection with the pilot program as the Secretary
considers appropriate.
(2) FINAL REPORT.—Not later than 180 days after the termination of the pilot program, the Secretary of Defense shall
submit to the appropriate committees of Congress and the
Secretary of Homeland Security a final report on the pilot
program. The final report shall include the following:
(A) A description of the pilot program, including any
partnerships entered into under the pilot program.
(B) A summary of the assessment performed prior to
the commencement of the pilot program in accordance with
subsection (b).
(C) A summary of the evaluation metrics established
in accordance with subsection (h), including how the pilot
program contributes directly to Department of Defense missions.
(D) An assessment of the effectiveness of the pilot
program, and of the capability described in subsection (c)(1)
under the pilot program.

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134 STAT. 4115

(E) A description of costs associated with the
implementation and conduct of the pilot program.
(F) A recommendation as to the value of the pilot
program, including whether to authorize a permanent program modeled on the pilot program, including whether
the pilot program duplicates the remote operating concept
and capabilities of active duty cyber operations forces.
(G) An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F).
(H) Such recommendations for legislative or administrative action as the Secretary considers appropriate in
light of the pilot program.
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs
of the Senate.
(k) STATE DEFINED.—In this section, the term ‘‘State’’ means
each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.

Recommendation.

Estimate costs.

Recommendations.

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SEC. 1726. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS.

(a) RESOURCES FOR CYBER EDUCATION.—
(1) IN GENERAL.—The Chief Information Officer of the
Department of Defense, in consultation with the Director of
the National Security Agency (NSA), shall examine the current
policies permitting National Security Agency employees to use
up to 140 hours of paid time toward NSA’s cyber education
programs.
(2) REPORT.—
(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Chief Information
Officer shall submit to the congressional defense committees and the congressional intelligence committees a
strategy for expanding the policies described in paragraph
(1) to—
(i) individuals who occupy positions described in
section 1599f of title 10, United States Code; and
(ii) any other individuals who the Chief Information Officer determines appropriate.
(B) IMPLEMENTATION PLAN.—The report required under
subparagraph (A) shall detail the utilization of the policies
in place at the National Security Agency, as well as an
implementation plan that describes the mechanisms needed
to expand the use of such policies to accommodate wider
participation by individuals described in such subparagraph. Such implementation plan shall detail how such
individuals would be able to connect to the instructional
and participatory opportunities available through the
efforts, programs, initiatives, and investments accounted

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10 USC 1599f
note.
Consultation.

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10 USC 2224
note.
Deadline.

Recommendations.
Plan.
Deadline.
Notification.
Determinations.

Reports.

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Recommendations.

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PUBLIC LAW 116–283—JAN. 1, 2021
for in the report required under section 1649 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92), including the following programs:
(i) GenCyber.
(ii) Centers for Academic Excellence – Cyber
Defense.
(iii) Centers for Academic Excellence – Cyber Operations.
(C) DEADLINE.—Not later than 120 days after the
submission of the report required under subparagraph (A),
the Chief Information Officer of the Department of Defense
shall carry out the implementation plan contained in such
report.
(b) IMPROVING THE TRAINING WITH INDUSTRY PROGRAM.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Principal Cyber Advisor of
the Department of Defense, in consultation with the Principal
Cyber Advisors of the military services and the Under Secretary
of Defense for Personnel and Readiness, shall submit to the
Secretary of Defense and the congressional defense committees
a review of the current utilization and utility of the Training
With Industry (TWI) programs, including relating to the following:
(A) Recommendations regarding how to improve and
better utilize such programs, including regarding individuals who have completed such programs.
(B) An implementation plan to carry out such recommendations.
(2) ADDITIONAL.—Not later than 90 days after the submission of the report required under paragraph (1), the Secretary
of Defense shall carry out such elements of the implementation
plan required under paragraph (1)(B) as the Secretary considers
appropriate and notify the congressional defense committees
of the determinations of the Secretary relating thereto.
(c) ALIGNMENT OF CYBERSECURITY TRAINING PROGRAMS.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report containing recommendations on how cybersecurity training programs described in section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 can be better aligned
and harmonized.
(2) REPORT.—The report required under paragraph (1) shall
provide recommendations concerning the following topics and
information:
(A) Developing a comprehensive mechanism for utilizing and leveraging the Cyber Excepted Service workforce
of the Department of Defense referred to in subsection
(a), as well as mechanisms for military participation.
(B) Unnecessary redundancies in such programs, or
in any related efforts, initiatives, or investments.
(C) Mechanisms for tracking participation and transition of participation from one such program to another.
(D) Department level oversight and management of
such programs.
(3) CYBER WORKFORCE PIPELINE AND EARLY CHILDHOOD
EDUCATION.—

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134 STAT. 4117

(A) ELEMENTS.—The Secretary of Defense shall, when
completing the report required under paragraph (1), take
into consideration existing Federal childhood cyber education programs, including the programs identified in the
report required under section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–
92) and the Department of Homeland Security’s Cybersecurity Education and Training Assistance Program (CETAP),
that can provide opportunities to military-connected students and members of the Armed Forces to pursue cyber
careers.
(B) DEFINITION.—In this paragraph, the term ‘‘militaryconnected student’’ means an individual who—
(i) is a dependent a member of the Armed Forces
serving on active duty; and
(ii) is enrolled in a preschool, an elementary or
secondary school, or an institution of higher education.

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SEC.

1727.

REPORTING REQUIREMENTS FOR CROSS DOMAIN
INCIDENTS AND EXEMPTIONS TO POLICIES FOR
INFORMATION TECHNOLOGY.

(a) INCIDENT REPORTING.—
(1) IN GENERAL.—Effective beginning on the date of the
enactment of this Act, the Secretary of Defense and the secretaries of the military services shall submit to the congressional
defense committees a monthly report in writing that documents
each instance or indication of a cross-domain incident within
the Department of Defense.
(2) PROCEDURES.—The Secretary of Defense shall submit
to the congressional defense committees procedures for complying with the requirements of paragraph (1) consistent with
the national security of the United States and the protection
of operational integrity. The Secretary shall promptly notify
such committees in writing of any changes to such procedures
at least 14 days prior to the adoption of any such changes.
(3) DEFINITION.—In this subsection, the term ‘‘cross domain
incident’’ means any unauthorized connection of any duration
between software, hardware, or both that is either used on,
or designed for use on a network or system built for classified
data, and systems not accredited or authorized at the same
or higher classification level, including systems on the public
internet, regardless of whether the unauthorized connection
is later determined to have resulted in the exfiltration, exposure, or spillage of data across the cross domain connection.
(b) EXEMPTIONS TO POLICY FOR INFORMATION TECHNOLOGY.—
Not later than six months after the date of the enactment of
this Act and biannually thereafter, the Secretary of Defense and
the secretaries of the military services shall submit to the congressional defense committees a report in writing that enumerates
and details each current exemption to information technology policy,
interim Authority To Operate (ATO) order, or both. Each such
report shall include other relevant information pertaining to each
such exemption, including relating to the following:
(1) Risk categorization.
(2) Duration.
(3) Estimated time remaining.

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10 USC 2224
note.

Effective date.

Notification.
Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1728. ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY.

Review.

Recommendations.

32 USC 901 note.

Deadline.

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Consultation.
Determinations.

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(a) REQUIREMENT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall—
(1) conduct a review and assessment of any ongoing publicprivate collaborative initiatives involving the Department of
Defense and the private sector related to cybersecurity and
defense of critical infrastructure, including—
(A) the United States Cyber Command’s Pathfinder
initiative and any derivative initiative;
(B) the Department’s support to and integration with
existing Federal cybersecurity centers and organizations;
and
(C) comparable initiatives led by other Federal departments or agencies that support long-term public-private
cybersecurity collaboration; and
(2) make recommendations for improvements and the
requirements and resources necessary to institutionalize and
strengthen the initiatives described in subparagraphs (A)
through (C) of paragraph (1).
(b) REPORT.—
(1) IN GENERAL.—The Secretary of Defense shall submit
to the congressional defense committees a report on the review,
assessment, and recommendations under subsection (a).
(2) FORM.—The report required under paragraph (1) may
be submitted in unclassified or classified form, as necessary.
(c) DEFINITION.—In this section, the term ‘‘critical infrastructure’’ has the meaning given such term in section 1016(e) of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT)
Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 1729. CYBER CAPABILITIES AND INTEROPERABILITY OF THE
NATIONAL GUARD.

(a) EVALUATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees, the Committee
on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Homeland Security of the House of
Representatives an evaluation of the statutes, rules, regulations
and standards that pertain to the use of the National Guard
for the response to and recovery from significant cyber
incidents.
(2) CONSIDERATION OF INPUTS.—In conducting the evaluation under paragraph (1), the Secretary of Defense shall consult
with the Secretary of Homeland Security and may solicit and
consider inputs from the following:
(A) The heads of Federal agencies determined appropriate by the Secretary of Defense.
(B) State governors.
(C) The heads of other non-Federal entities as determined appropriate by the Secretary of Defense.
(b) ELEMENTS OF EVALUATION.—The evaluation required under
subsection (a) shall include review of the following:
(1) Regulations promulgated under section 903 of title 32,
United States Code, to clarify when and under what conditions

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4119

the National Guard could respond to a cyber attack as a homeland defense activity under section 902 of such title.
(2) Guidance promulgated regarding how units of the
National Guard shall collaborate with relevant civil, law
enforcement, and cybersecurity agencies when conducting a
homeland defense activity under section 902 of title 32, United
States Code.
(c) UPDATE TO CERTAIN REGULATIONS AND GUIDANCE.—If the
Secretary of Defense determines such is appropriate based on the
evaluation required under subsection (a) and the review described
in subsection (b), the Secretary shall update—
(1) the regulations referred to in subsection (b)(1); and
(2) the guidance referred to in subsection (b)(2).
(d) UPDATE TO THE NATIONAL CYBER INCIDENT RESPONSE
PLAN.—Not later than 270 days after the date of the enactment
of this Act, the Secretary of Homeland Security, in coordination
with the Secretary of Defense, may update the National Cyber
Incident Response Plan to address any changes made by the Secretary of Defense to the roles and responsibilities of the National
Guard for the response to and recovery from significant cyber
incidents.
(e) JOINT BRIEFINGS.—Not later than 300 days after the date
of the enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly brief the congressional
defense committees, the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the following:
(1) The results of the evaluation required under subsection
(a)(1), including the utilization of any input provided to the
Secretary of Defense pursuant to subsection (a)(2).
(2) Any updated regulations or guidance in accordance
with subsection (c).
(3) Any update by the Secretary of Homeland Security
to the National Cyber Incident Response Plan pursuant to
subsection (d).
(4) How the Department of Defense, including the National
Guard, and the Department of Homeland Security, including
the Cybersecurity and Infrastructure Security Agency and the
Federal Emergency Management Agency, will collaborate with
each other and with relevant law enforcement, State governments, and other non-Federal entities when responding to and
recovering from significant cyber incidents.
(f) DEFINITION.—The term ‘‘significant cyber incident’’ means
a cyber incident that results, or several related cyber incidents
that result, in demonstrable harm to—
(1) the national security interests, foreign relations, or
economy of the United States; or
(2) the public confidence, civil liberties, or public health
and safety of the American people.

Determination.

Coordination.

Deadline.

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SEC. 1730. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO
THE DEPARTMENT OF DEFENSE.

(a) REQUIREMENT.—Not later than 270 days after the date
of the enactment of this Act, the Principal Cyber Advisor to the
Secretary of Defense, in conjunction with the Under Secretary for
Personnel and Readiness of the Department of Defense and the
Principal Cyber Advisors of the military services, shall submit

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134 STAT. 4120

Assessment.

PUBLIC LAW 116–283—JAN. 1, 2021

to the congressional defense committees an evaluation of reserve
models tailored to the support of cyberspace operations for the
Department.
(b) ELEMENTS.—The evaluation conducted under subsection (a)
shall include assessment of the following:
(1) The capabilities and deficiencies in military and civilian
personnel with needed cybersecurity expertise, and the quantity
of personnel with such expertise, within the Department.
(2) The potential for a uniformed, civilian, or mixed cyber
reserve force to remedy shortfalls in expertise and capacity.
(3) The ability of the Department to attract the personnel
with the desired expertise to either a uniformed or civilian
cyber reserve force.
(4) The number of personnel, their skills, additional infrastructure required, funding, and the composition of a cyber
reserve force that would be required to meet the needs of
the Department.
(5) Alternative models for establishing a cyber reserve force,
including the following:
(A) A traditional uniformed military reserve component.
(B) A nontraditional uniformed military reserve component, with respect to drilling and other requirements such
as grooming and physical fitness.
(C) Nontraditional civilian cyber reserve options.
(D) Hybrid options.
(E) Models of reserve support used by international
allies and partners.
(6) The impact each of the cyber reserve models would
have on active duty and existing reserve forces, including the
following:
(A) Recruiting.
(B) Promotion.
(C) Retention.
(D) Relocation.
(7) The impact each of the cyber reserve models would
have on the Cyber Operations Forces total force, including
the following:
(A) Cyber operations forces training.
(B) Cyber operations forces individual and unit readiness.
(C) Cyber operations forces training ranges and cyber
warfighting architectures.
(D) Infrastructure supporting Cyber Operations Forces.
(8) The impact each of the cyber reserve models would
have on the private sector, particularly during and immediately
after a major cyber incident.
(9) An evaluation of work conducted to date by the Department of Defense in response to the 2014 Report of the Reserve
Forces Policy Board on Department of Defense Cyber Approach:
Use of the National Guard and Reserve in the Cyber Mission
Force.

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SEC. 1731. INTEGRATED CYBERSECURITY CENTER PLAN.
Deadline.

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(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Secretary of Defense, the Attorney General,

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4121

the Director of the Federal Bureau of Investigation, and the Director
of National Intelligence, shall submit to the relevant congressional
committees a report on Federal cybersecurity centers and the potential for better coordination of Federal cybersecurity efforts at an
integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security
in furtherance of the functions specified in section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(b) CONTENTS.—To prepare the report required by subsection
(a), the Secretary of Homeland Security shall aggregate information
from components of the Department of Homeland Security with
information provided to the Secretary of Homeland Security by
the Secretary of Defense, the Attorney General, the Director of
the Federal Bureau of Investigation, and the Director of National
Intelligence. Such aggregated information shall relate to the following topics:
(1) Any challenges regarding capacity and funding identified by the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, the Attorney General,
the Secretary of Defense, and the Director of National Intelligence that negatively impact coordination with the Cybersecurity and Infrastructure Security Agency of the Department
of Homeland Security in furtherance of the security and resilience of critical infrastructure.
(2) Distinct statutory authorities identified by the Secretary
of Homeland Security, the Attorney General, the Director of
the Federal Bureau of Investigation, the Secretary of Defense,
or the Director of National Intelligence that should not be
leveraged by an integrated cybersecurity center within the
Cybersecurity and Infrastructure Security Agency.
(3) Any challenges associated with effective mission
coordination and deconfliction between the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security and other Federal agencies that could be addressed
with the creation of an integrated cybersecurity center within
the Cybersecurity and Infrastructure Security Agency.
(4) How capabilities or missions of existing Federal cyber
centers could benefit from greater integration or collocation
to support cybersecurity collaboration with critical infrastructure at an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency, including the following
Federal cyber centers:
(A) The National Security Agency’s Cyber Threat Operations Center.
(B) United States Cyber Command’s Joint Operations
Center.
(C) Elements of the Office of the Director of National
Intelligence, as determined appropriate by the Director
(D) The Federal Bureau of Investigation’s National
Cyber Investigative Joint Task Force.
(E) The Department of Defense’s Defense Cyber Crime
Center.
(c) ELEMENTS.—The report required under subsection (a)
shall—
(1) identify any challenges regarding the Cybersecurity and
Infrastructure Security Agency’s current authorities, structure,
resources, funding, ability to recruit and retain its workforce,

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Recommendations.

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PUBLIC LAW 116–283—JAN. 1, 2021

or interagency coordination that negatively impact the ability
of the Agency to fulfill its role as the central coordinator for
critical infrastructure cybersecurity and resilience pursuant to
its authorities under the Homeland Security Act of 2002, and
information on how establishing an integrated cybersecurity
center within the Cybersecurity and Infrastructure Security
Agency would address such challenges;
(2) identify any facility needs for the Cybersecurity and
Infrastructure Security Agency to adequately host personnel,
maintain sensitive compartmented information facilities, and
other resources to serve as the primary coordinating body
charged with forging whole-of-government, public-private
collaboration in cybersecurity, pursuant to such authorities;
(3) identify any lessons from national-level efforts by United
States allies, such as the United Kingdom’s National Cyber
Security Centre, to determine whether an integrated cybersecurity center within the Cybersecurity and Infrastructure Security
Agency should be similarly organized into an unclassified
environment and a classified environment;
(4) recommend any changes to procedures and criteria for
increasing and expanding the participation and integration of
public- and private-sector personnel into Federal cyber defense
and security efforts, including continuing limitations or hurdles
in the security clearance program for private sector partners
and integrating private sector partners into a Cybersecurity
and Infrastructure Security Agency integrated cyber center;
and
(5) propose policies, programs, or practices that could overcome challenges identified in the aggregated information under
subsection (b), including the potential creation of an integrated
cybersecurity center within the Cybersecurity and Infrastructure Security Agency, accompanied by legislative proposals,
as appropriate.
(d) PLAN.—Upon submitting the report pursuant to subsection
(a), the Secretary of Homeland Security, in coordination with the
Secretary of Defense, the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of National Intelligence, may submit to the relevant congressional committees a
plan to establish an integrated cybersecurity center within the
Cybersecurity and Infrastructure Security Agency, if appropriate,
or to implement other mechanisms for improving cybersecurity
coordination among the Federal cyber centers specified in subsection
(b)(4).
(e) PRIVACY REVIEW.—The Privacy Officers of the Department
of Homeland Security, the Department of Defense, the Department
of Justice, and the Federal Bureau of Investigation, and the Director
of National Intelligence shall review and provide to the relevant
congressional committees comment, as appropriate, on each report
and legislative proposal submitted under this section.
(f) DEFINITION.—In this section, the term ‘‘relevant congressional committees’’ means—
(1) in the House of Representatives—
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Permanent Select Committee on Intelligence;
and
(D) the Committee on Homeland Security; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4123

(2) in the Senate—
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Select Committee on Intelligence; and
(D) the Committee on Homeland Security and Governmental Affairs.

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SEC. 1732. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND
DECONFLICTION POLICIES AND PROCESSES.

(a) ASSESSMENT.—Not later than August 1, 2021, the Principal
Cyber Advisor of the Department of Defense and the Commander
of United States Cyber Command shall jointly, in coordination
with the Under Secretary of Defense for Policy, the Under Secretary
of Defense for Intelligence and Security, and the Chairman of
the Joint Chiefs of Staff, conduct and complete an assessment
on the operational planning and deconfliction policies and processes
that govern cyber operations of the Department of Defense.
(b) ELEMENTS.—The assessment required by subsection (a) shall
include evaluations as to whether—
(1) the joint targeting cycle and relevant operational and
targeting databases are suitable for the conduct of timely and
well-coordinated cyber operations;
(2) each of the policies and processes in effect to facilitate
technical, operational, and capability deconfliction are appropriate for the conduct of timely and effective cyber operations;
(3) intelligence gain-loss decisions made by Cyber Command are sufficiently well-informed and made in timely fashion;
(4) relevant intelligence data and products are consistently
available and distributed to relevant planning and operational
elements in Cyber Command;
(5) collection operations and priorities meet the operational
requirements of Cyber Command; and
(6) authorities relevant to intelligence, surveillance, and
reconnaissance and operational preparation of the environment
are delegated to the appropriate level.
(c) BRIEFING.—Not later than September 1, 2021, the Principal
Cyber Advisor and the Commander of United States Cyber Command shall provide to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing on the findings of the assessment completed under subsection (a), including discussion of planned policy
and process changes, if any, relevant to cyber operations.

Deadline.
Coordination.

SEC.

10 USC 2224
note.

1733.

PILOT PROGRAM
METRICS.

ON

CYBERSECURITY

CAPABILITY

(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense,
acting through the Chief Information Officer of the Department
of Defense and the Commander of United States Cyber Command,
shall conduct a pilot program to assess the feasibility and advisability of developing and using speed-based metrics to measure
the performance and effectiveness of security operations centers
and cyber security service providers in the Department of Defense.
(b) REQUIREMENTS.—
(1) DEVELOPMENT OF METRICS.—(A) Not later than July
1, 2021, the Chief Information Officer and the Commander
shall jointly develop metrics described in subsection (a) to carry
out the pilot program under such subsection.

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Evaluations.

Deadline.

Assessment.

Deadline.

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134 STAT. 4124

Deadline.

Evaluation.

Assessments.

Deadline.

Analysis.

Assessment.

PUBLIC LAW 116–283—JAN. 1, 2021

(B) The Chief Information Officer and the Commander
shall ensure that the metrics developed under subparagraph (A) are commensurate with the representative
timelines of nation-state and non-nation-state actors when
gaining access to, and compromising, Department networks.
(2) USE OF METRICS.—(A) Not later than December 1, 2021,
the Secretary shall, in carrying out the pilot program required
by subsection (a), begin using the metrics developed under
paragraph (1) of this subsection to assess select security operations centers and cyber security service providers, which the
Secretary shall select specifically for purposes of the pilot program, for a period of not less than four months.
(B) In carrying out the pilot program under subsection
(a), the Secretary shall evaluate the effectiveness of operators, capabilities available to operators, and operators’ tactics, techniques, and procedures.
(c) AUTHORITIES.—In carrying out the pilot program under subsection (a), the Secretary may—
(1) assess select security operations centers and cyber security service providers—
(A) over the course of their mission performance; or
(B) in the testing and accreditation of cybersecurity
products and services on test networks designated pursuant
to section 1658 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92); and
(2) assess select elements’ use of security orchestration
and response technologies, modern endpoint security technologies, Big Data Platform instantiations, and technologies
relevant to zero trust architectures.
(d) BRIEFING.—
(1) IN GENERAL.—Not later than March 1, 2022, the Secretary shall brief the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives on the findings of the Secretary with respect
to the pilot program required by subsection (a).
(2) ELEMENTS.—The briefing provided under paragraph (1)
shall include the following:
(A) The pilot metrics developed under subsection (b)(1).
(B) The findings of the Secretary with respect to the
assessments carried out under subsection (b)(2).
(C) An analysis of the utility of speed-based metrics
in assessing security operations centers and cyber security
service providers.
(D) An analysis of the utility of the extension of the
pilot metrics to or speed-based assessment of the Cyber
Mission Forces.
(E) An assessment of the technical and procedural
measures that would be necessary to meet the speed-based
metrics developed and applied in the pilot program.

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SEC. 1734. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND
USE OF NETWORK ADDRESS TRANSLATION IN DEPARTMENT OF DEFENSE NETWORKS.
Deadline.

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(a) IN GENERAL.—Not later than March 1, 2021, the Chief
Information Officer of the Department of Defense shall conduct
comprehensive assessments as follows:

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134 STAT. 4125

(1) TIMING VARIABILITY IN DEPARTMENT NETWORKS.—The
Chief Information Officer shall characterize—
(A) timing variability across Department information
technology and operational technology networks, appliances, devices, applications, and sensors that generate
time-stamped data and metadata used for cybersecurity
purposes;
(B) how timing variability affects current, planned,
and potential capabilities for detecting network intrusions
that rely on correlating events and the sequence of events;
and
(C) how to harmonize standard of timing across Department networks.
(2) USE OF NETWORK ADDRESS TRANSLATION.—The Chief
Information Officer shall characterize—
(A) why and how the Department is using Network
Address Translation (NAT) and multiple layers and nesting
of Network Address Translation;
(B) how using Network Address Translation affects
the ability to link malicious communications detected at
various network tiers to specific endpoints or hosts to
enable prompt additional investigations, quarantine
decisions, and remediation activities; and
(C) what steps and associated cost and schedule are
necessary to eliminate the use of Network Address Translation or to otherwise provide transparency to network
defenders, including options to accelerate the transition
from Internet Protocol version 4 to Internet Protocol version
6.
(b) RECOMMENDATION.—The Chief Information Officer and the
Principal Cyber Advisor shall submit to the Secretary of Defense
a recommendation to address the assessments conducted under
subsection (a), including whether and how to revise the cyber
strategy of the Department.
(c) BRIEFING.—Not later than April 1, 2021, the Chief Information Officer shall brief the congressional defense committees on
the findings of the Chief Information Officer with respect to the
assessments conducted under subsection (a) and the recommendation submitted under subsection (b).

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SEC.

1735.

INTEGRATION OF DEPARTMENT OF DEFENSE
ACTIVITY MONITORING AND CYBERSECURITY.

USER

Deadline.

10 USC 2224
note.

(a) INTEGRATION OF PLANS, CAPABILITIES, AND SYSTEMS.—The
Secretary of Defense shall integrate the plans, capabilities, and
systems for user activity monitoring, and the plans, capabilities,
and systems for endpoint cybersecurity and the collection of
metadata on network activity for cybersecurity to enable mutual
support and information sharing.
(b) REQUIREMENTS.—In carrying out subsection (a), the Secretary shall—
(1) consider using the Big Data Platform instances that
host cybersecurity metadata for storage and analysis of all
user activity monitoring data collected across the Department
of Defense Information Network at all security classification
levels;

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134 STAT. 4126
Procedures.

Deadline.

PUBLIC LAW 116–283—JAN. 1, 2021

(2) develop policies and procedures governing access to
user activity monitoring data or data derived from user activity
monitoring by cybersecurity operators; and
(3) develop processes and capabilities for using metadata
on host and network activity for user activity monitoring in
support of the insider threat mission.
(c) CONGRESSIONAL BRIEFING.—Not later than October 1, 2021,
the Secretary shall provide a briefing to the congressional defense
committees on actions taken to carry out this section.
SEC. 1736. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR
ARCHITECTURE PLAN.

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Deadline.
Consultation.

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(a) DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR
ARCHITECTURE PROGRAM ASSESSMENT.—Not later than 180 days
after the date of the enactment of this Act, the Principal Cyber
Advisor of the Department of Defense, in consultation with the
Chief Information Officer of the Department, the Under Secretary
of Defense for Acquisition and Sustainment, the Under Secretary
of Defense for Intelligence and Security, and the Commander of
United States Cyber Command, shall complete an assessment of
the feasibility, suitability, and resourcing required to establish a
Defense Industrial Base Cybersecurity Sensor Architecture Program, responsible for deploying commercial-off-the-shelf solutions
to remotely monitor the public-facing internet attack surface of
the defense industrial base.
(b) ELEMENTS.—The assessment required under subsection (a)
shall include the following:
(1) Definition of an architecture, concept of operations,
and governance structure that—
(A) will allow for the instrumentation and collection
of cybersecurity data on the public-facing internet attack
surfaces of defense industrial base contractors in a manner
that is compatible with the Department’s existing or future
capabilities for analysis, and instrumentation and collection, as appropriate, of cybersecurity data within the
Department of Defense Information Network;
(B) includes the expected scale, schedule, and guiding
principles of deployment;
(C) is consistent with the defense industrial base cybersecurity policies and programs of the Under Secretary of
Defense for Acquisition and Sustainment and the Chief
Information Officer; and
(D) includes an acquisition strategy for sensor capabilities that optimizes required capability, scalability, cost,
and intelligence and cybersecurity requirements.
(2) Roles and responsibilities of the persons referred to
in subsection (a) in implementing and executing the plan.
(c) CONSULTATION.—In conducting the assessment required
under subsection (a), the Principal Cyber Advisor shall consult
with and solicit recommendations from representative industry
stakeholders across the defense industrial base regarding the elements described in subsection (b) and potential stakeholder costs
of compliance.
(d) BRIEFING.—Upon completion of the assessment required
under subsection (a), the Principal Cyber Advisor shall provide
a briefing to the Committee on Armed Services of the Senate

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and the Committee on Armed Services of the House of Representatives on the assessment.

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SEC. 1737. ASSESSMENT ON DEFENSE INDUSTRIAL BASE PARTICIPATION IN A THREAT INFORMATION SHARING PROGRAM.

10 USC 2224
note.

(a) DEFENSE INDUSTRIAL BASE THREAT INFORMATION PROGRAM
ASSESSMENT.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall complete an assessment of the feasibility, suitability, and definition of, and resourcing
required to establish, a defense industrial base threat information
sharing program to collaborate and share threat information with,
and obtain threat information from, the defense industrial base.
(b) ELEMENTS.—The assessment regarding the establishment
of a defense industrial base threat information sharing program
under subsection (a) shall include evaluation of the following:
(1) The feasibility and suitability of, and requirements for,
the establishment of a defense industrial base threat information sharing program, including cybersecurity incident
reporting requirements applicable to the defense industrial base
that—
(A) extend beyond mandatory cybersecurity incident
reporting requirements as in effect on the day before the
date of the enactment of this Act;
(B) set specific, consistent timeframes for all categories
of cybersecurity incident reporting;
(C) establish a single clearinghouse for all mandatory
cybersecurity incident reporting to the Department of
Defense, including incidents involving covered unclassified
information, and classified information; and
(D) provide that, unless authorized or required by
another provision of law or the element of the defense
industrial base making the report consents, nonpublic
information of which the Department becomes aware only
because of a report provided pursuant to the program shall
be disseminated and used only for a cybersecurity purpose
(as such term is defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501)) and in
support of national defense activities.
(2) A mechanism for developing a shared and real-time
picture of the threat environment.
(3) Options for joint, collaborative, and co-located analytics.
(4) Possible investments in technology and capabilities to
support automated detection and analysis across the defense
industrial base.
(5) Coordinated information tipping, sharing, and
deconfliction, as necessary, with relevant Federal Government
agencies with similar information sharing programs.
(6) Processes for direct sharing of threat information related
to a specific defense industrial base entity with such entity.
(7) Mechanisms for providing defense industrial base entities with clearances for national security information access,
as appropriate.
(8) Requirements to consent to queries of foreign intelligence collection databases related to a specific defense industrial base entity as a condition of participation in the threat
information sharing program.

Deadline.

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Recommendations.

Waiver.
Criteria.

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Recommendations.

Plans.

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(9) Recommendations with respect to threat information
sharing program participation, including the following:
(A) Incentives for defense industrial base entities to
participate in the threat information sharing program.
(B) Mandating minimum levels of threat information
sharing program participation for any entity that is part
of the defense industrial base.
(C) Procurement prohibitions on any defense industrial
base entity that are not in compliance with the requirements of the threat information sharing program.
(D) Waiver authority and criteria.
(E) Adopting tiers of requirements for participation
within the threat information sharing program based on—
(i) the role of and relative threats related to
defense industrial base entities; and
(ii) Cybersecurity Maturity Model Certification
level.
(10) Options to utilize an existing federally recognized
information sharing program to satisfy the requirement for
a threat information sharing program if—
(A) the existing program includes, or is modified to
include, two-way sharing of threat information that is
specifically relevant to the defense industrial base; and
(B) such a program is coordinated with other Federal
Government agencies with existing information sharing
programs where overlap occurs.
(11) Methods to encourage participation of defense industrial base entities in appropriate private sector information
sharing and analysis centers (ISACs).
(12) Methods to coordinate collectively with defense industrial base entities to consider methods for mitigating compliance
costs.
(13) The resources needed, governance roles and structures
required, and changes in regulation or law needed for execution
of a threat information sharing program, as well as any other
considerations determined relevant by the Secretary.
(14) Identification of any barriers that would prevent the
establishment of a defense industrial base threat information
sharing program.
(c) CONSULTATION.—In conducting the assessment required
under subsection (a), the Secretary of Defense shall consult with
and solicit recommendations from representative industry stakeholders across the defense industrial base regarding the elements
described in subsection (b) and potential stakeholder costs of compliance.
(d) DETERMINATION AND BRIEFING.—Upon completion of the
assessment required under subsection (a), the Secretary of Defense
shall make a determination regarding the establishment by the
end of fiscal year 2021 of a defense industrial base threat information sharing program and provide a briefing to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on—
(1) the findings of the Secretary with respect to such assessment and such determination; and
(2) such implementation plans as the Secretary may have
arising from such findings.

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134 STAT. 4129

(e) IMPLEMENTATION.—If the Secretary of Defense makes a
positive determination pursuant to subsection (d) of the feasibility
and suitability of establishing a defense industrial base threat
information sharing program, the Secretary shall establish such
program. Not later than 180 days after a positive determination,
the Secretary of Defense shall promulgate such rules and regulations as are necessary to establish the defense industrial base
threat information sharing program under this section.

Determination.

SEC.

ASSISTANCE FOR SMALL MANUFACTURERS IN THE
DEFENSE INDUSTRIAL SUPPLY CHAIN ON MATTERS
RELATING TO CYBERSECURITY.

10 USC 2224
note.

(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary of Defense, in consultation with the Director of the
National Institute of Standards and Technology, may award financial assistance to a Center for the purpose of providing cybersecurity
services to small manufacturers.
(b) CRITERIA.—If the Secretary carries out subsection (a), the
Secretary, in consultation with the Director, shall establish and
publish on the grants.gov website, or successor website, criteria
for selecting recipients for financial assistance under this section.
(c) USE OF FINANCIAL ASSISTANCE.—Financial assistance under
this section—
(1) shall be used by a Center to provide small manufacturers with cybersecurity services, including—
(A) compliance with the cybersecurity requirements
of the Department of Defense Supplement to the Federal
Acquisition Regulation, including awareness, assessment,
evaluation, preparation, and implementation of cybersecurity services; and
(B) achieving compliance with the Cybersecurity Maturity Model Certification framework of the Department of
Defense; and
(2) may be used by a Center to employ trained personnel
to deliver cybersecurity services to small manufacturers.
(d) BIENNIAL REPORTS.—
(1) IN GENERAL.—Not less frequently than once every two
years, the Secretary shall submit to the congressional defense
committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives a report
on financial assistance awarded under this section.
(2) CONTENTS.—To the extent practicable, each report submitted under paragraph (1) shall include the following with
respect to the years covered by each such report:
(A) The number of small manufacturers assisted.
(B) A description of the cybersecurity services provided.
(C) A description of the cybersecurity matters
addressed.
(D) An analysis of the operational effectiveness and
cost-effectiveness of such cybersecurity services.
(e) TERMINATION.—The authority of the Secretary to award
financial assistance under this section shall terminate on the date
that is five years after the date of the enactment of this section.
(f) DEFINITIONS.—In this section:

Consultation.

1738.

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Regulations.

Consultation.
Web posting.

Analysis.

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134 STAT. 4130

PUBLIC LAW 116–283—JAN. 1, 2021
(1) CENTER.—The term ‘‘Center’’ has the meaning given
such term in section 25(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(a)).
(2) SMALL MANUFACTURER.—The term ‘‘small manufacturer’’ has the meaning given such term in section 1644(g)
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2224
note).

10 USC 2224
note.

SEC. 1739. ASSESSMENT ON DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT HUNTING PROGRAM.

Deadline.

(a) ASSESSMENT REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense shall
complete an assessment of the feasibility, suitability, definition
of, and resourcing required to establish a defense industrial base
cybersecurity threat hunting program to actively identify cybersecurity threats and vulnerabilities within the defense industrial base.
(b) ELEMENTS.—The assessment required under section (a) shall
include evaluation of the following:
(1) Existing defense industrial base cybersecurity threat
hunting policies and programs, including the threat hunting
elements at each level of the compliance-based Cybersecurity
Maturity Model Certification program of the Department of
Defense, including requirements germane to continuous monitoring, discovery, and investigation of anomalous activity indicative of a cybersecurity incident.
(2) The suitability of a continuous cybersecurity threat
hunting program, as a supplement to the cyber hygiene requirements of the Cybersecurity Maturity Model Certification,
including consideration of the following:
(A) Collection and analysis of metadata on network
activity to detect possible intrusions.
(B) Rapid investigation and remediation of possible
intrusions.
(C) Requirements for mitigating any vulnerabilities
identified pursuant to the cybersecurity threat hunting program.
(D) Mechanisms for the Department of Defense to
share with entities in the defense industrial base malicious
code, indicators of compromise, and insights on the evolving
threat landscape.
(3) Recommendations with respect to cybersecurity threat
hunting program participation of prime contractors and subcontractors, including relating to the following:
(A) Incentives for defense industrial base entities to
share with the Department of Defense threat and vulnerability information collected pursuant to threat monitoring
and hunting activities.
(B) Mandating minimum levels of program participation for any defense industrial base entity.
(C) Procurement prohibitions on any defense industrial
base entity that is not in compliance with the requirements
of the cybersecurity threat hunting program.
(D) Waiver authority and criteria.
(E) Consideration of a tiered cybersecurity threat
hunting program that takes into account the following:

Evaluation.

Analysis.
Investigation.
Requirements.

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Recommendations.

Waiver.
Criteria.

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134 STAT. 4131

(i) The cybersecurity maturity of defense industrial
base entities.
(ii) The roles of such entities.
(iii) Whether each such entity possesses classified
information or controlled unclassified information and
covered defense networks.
(iv) The covered defense information to which each
such entity has access as a result of contracts with
the Department of Defense.
(4) Whether the continuous cybersecurity threat-hunting
program described in paragraph (2) should be conducted by—
(A) qualified prime contractors or subcontractors;
(B) accredited third-party cybersecurity vendors;
(C) with contractor consent—
(i) United States Cyber Command; or
(ii) a component of the Department of Defense
other than United States Cyber Command;
(D) the deployment of network sensing technologies
capable of identifying and filtering malicious network
traffic; or
(E) a combination of the entities specified in subparagraphs (A) through (D).
(5) The resources necessary, governance structures or
changes in regulation or law needed, and responsibility for
execution of a defense industrial base cybersecurity threat
hunting program, as well as any other considerations determined relevant by the Secretary.
(6) A timelime for establishing the defense industrial base
cybersecurity threat hunting program not later than two years
after the date of the enactment of this Act.
(7) Identification of any barriers that would prevent such
establishment.
(c) CONSULTATION.—In conducting the assessment required
under subsection (a), the Secretary of Defense shall consult with
and solicit recommendations from representative industry stakeholders across the defense industrial base regarding the elements
described in subsection (b) and potential stakeholder costs of compliance.
(d) DETERMINATION AND BRIEFING.—Upon completion of the
assessment required under subsection (a), the Secretary of Defense
shall make a determination regarding the establishment of a
defense industrial base cybersecurity threat hunting program and
provide a briefing to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on—
(1) the findings of the Secretary with respect to such assessment and such determination; and
(2) such implementation plans as the Secretary may have
arising from such findings.
(e) IMPLEMENTATION.—If the Secretary of Defense makes a
positive determination pursuant to subsection (d) of the feasibility
and suitability of establishing a defense industrial base threat
cybersecurity threat hunting program, the Secretary shall establish
such program. Not later than 180 days after a positive determination, the Secretary of Defense shall promulgate such rules and
regulations as are necessary to establish the defense industrial
base cybersecurity threat hunting program under this section.

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Timeline.

Recommendations.

Plans.
Determination.

Deadline.
Regulations.

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134 STAT. 4132
Deadlines.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1740. DEFENSE DIGITAL SERVICE.

(a) RELATIONSHIP WITH UNITED STATES DIGITAL SERVICE.—
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense and the Administrator of the United
States Digital Service shall establish a direct relationship between
the Department of Defense and the United States Digital Service
to address authorities, hiring processes, roles, and responsibilities
of the Defense Digital Service.
(b) CERTIFICATION.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense and the
Administrator of the United States Digital Service shall jointly
certify to the congressional defense committees, the Committee
on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Oversight and Reform of the House of
Representatives that the skills and qualifications of the Department
of Defense personnel assigned to and supporting the core functions
of the Defense Digital Service are consistent with the skills and
qualifications United States Digital Service personnel.
(c) BRIEFING.—Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense and the Administrator of the United States Digital Service shall provide to the
Committee on Armed Services and the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Armed Services and the Committee on Oversight and Reform
of the House of Representatives a briefing on the relationship
established in subsection (a).
SEC. 1741. MATTERS CONCERNING THE COLLEGE OF INFORMATION
AND CYBERSPACE AND LIMITATION OF FUNDING FOR
NATIONAL DEFENSE UNIVERSITY.

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Time period.

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(a) PROHIBITIONS.—The Secretary of Defense may not—
(1) eliminate, divest, downsize, reorganize, or seek to reduce
the number of students educated at the College of Information
and Cyberspace of the National Defense University, or
(2) obligate or expend more than 60 percent of the funds
authorized to be appropriated by this Act for fiscal year 2021
for the National Defense University,
until 60 days after the date on which the congressional defense
committees receive the report required by subsection (d).
(b) ASSESSMENT.—The Chairman of the Joint Chiefs of Staff,
in consultation with the Under Secretary of Defense for Policy,
the Under Secretary of Defense for Personnel and Readiness, the
Principal Cyber Advisor, the Principal Information Operations
Advisor of the Department of Defense, the Chief Information Officer
of the Department, the Chief Financial Officer of the Department,
and the Commander of United States Cyber Command, shall assess
requirements for joint professional military education and civilian
leader education in the information environment and cyberspace
domain to support the Department and other national security
institutions of the Federal Government.
(c) FURTHER ASSESSMENT, DETERMINATION, AND REVIEW.—The
Under Secretary of Defense for Policy, in consultation with the
Under Secretary of Defense for Personnel and Readiness, the Principal Cyber Advisor, the Principal Information Operations Advisor
of the Department of Defense, the Chief Information Officer of
the Department, the Chief Financial Officer of the Department,

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4133

the Chairman of the Joint Chiefs of Staff, and the Commander
of United States Cyber Command, shall—
(1) determine whether the importance, challenges, and complexity of the modern information environment and cyberspace
domain warrant—
(A) a college at the National Defense University, a
college independent of the National Defense University
whose leadership is responsible to the Office of the Secretary of Defense, or an independent public or private
university; and
(B) the provision of resources, services, and capacity
at levels that are the same as, or decreased or enhanced
in comparison to, those resources, services, and capacity
in place at the College of Information and Cyberspace
on January 1, 2019;
(2) review the plan proposed by the National Defense
University for eliminating the College of Information and
Cyberspace and reducing and restructuring the information
and cyberspace faculty, course offerings, joint professional military education and degree and certificate programs, and other
services provided by the College and the effects of such changes
on the military and civilian personnel requirements of the
cyber workforce;
(3) assess the changes made to the College of Information
and Cyberspace since January 1, 2019, and the actions necessary to reverse those changes, including relocating the College
and its associated budget, faculty, staff, students, and facilities
outside of the National Defense University; and
(4) determine the Department of Defense’s overall personnel requirement for cyber and information educated military
and civilian personnel.
(d) REPORT REQUIRED.—Not later than March 1, 2021, the
Secretary shall present to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services
of the Senate a briefing, and not later than May 1, 2021, the
Secretary shall submit to such committees a report, on—
(1) the findings of the Secretary with respect to the assessments, determinations, and reviews conducted under subsections (b) and (c); and
(2) such recommendations as the Secretary may have for
higher education needs in the information environment and
cyberspace domain.

Assessment.

Recommendations.

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SEC. 1742. DEPARTMENT OF DEFENSE CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL CERTIFICATION FRAMEWORK.

(a) CYBER SECURITY PRACTICES AND CAPABILITIES IN THE
DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—Not later than March 1, 2021, the Secretary of Defense, acting through the Chief Information Officer
of the Department of Defense and the Commander, Joint Forces
Headquarters-Department of Defense Information Network,
shall assess each Department component against the Cybersecurity Maturity Model Certification (CMMC) framework and
submit to the congressional defense committees a report that
identifies each such component’s CMMC level and implementation of the cybersecurity practices and capabilities required
in each of the levels of the CMMC framework. The report

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Reports.

Determination.

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Review.
Briefing.

Assessment.
Reports.

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Coordination.
Plan.

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shall include, for each component that does not achieve at
least level 3 status (referred to as ‘‘good cyber hygiene’’ in
CMMC Model ver. 1.02), a determination as to whether and
details as to how—
(A) such component will implement relevant security
measures to achieve a desired CMMC or other appropriate
capability and performance threshold prior to March 1,
2022; and
(B) such component will mitigate potential risks until
such measures are implemented.
(2) COMPTROLLER GENERAL REPORT REQUIRED.—Not later
than 180 days after the submission of the report required
under paragraph (1), the Comptroller General of the United
States shall conduct an independent review of the report and
provide a briefing to the congressional defense committees on
the findings of the review.
(b) BRIEFING ON IMPLEMENTATION OF CERTAIN CYBERSECURITY
RECOMMENDATIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing regarding the
plans of the Secretary to implement certain cybersecurity recommendations to ensure—
(1) the Chief Information Officer of the Department of
Defense takes appropriate steps to ensure implementation of
Department of Defense Cybersecurity Culture and Compliance
Initiative (DC3I) tasks;
(2) Department components develop plans with scheduled
completion dates to implement any remaining Cybersecurity
Discipline Implementation Plan (CDIP) tasks overseen by the
Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a Department
component to oversee the implementation of any CDIP tasks
not overseen by the Chief Information Officer and reports on
progress relating to such implementation;
(4) Department components accurately monitor and report
information on the extent that users have completed Cyber
Awareness Challenge training, as well as the number of users
whose access to the Department network was revoked because
such users have not completed such training;
(5) the Chief Information Officer ensures all Department
components, including Defense Advanced Research Projects
Agency (DARPA), require their users to take Cyber Awareness
Challenge training; and
(6) the Chief Information Officer assesses the extent to
which senior leaders of the Department have more complete
information to make risk-based decisions, and revise the recurring reports (or develop a new report) accordingly, including
information relating to the Department’s progress on implementing—
(A) cybersecurity practices identified in cyber hygiene
initiatives; and
(B) cyber hygiene practices to protect Department networks from key cyberattack techniques.
(c) CYBERSECURITY MATURITY MODEL CERTIFICATION FUNDING
LIMITATION.—Of the funds authorized to be appropriated by this
Act for fiscal year 2021 for implementation of the CMMC, not
more than 60 percent of such funds may be obligated or expended

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until the Under Secretary of Defense for Acquisition and
Sustainment delivers to the congressional defense committees a
plan for implementation of the CMMC via requirements in procurement contracts, developed in coordination with the Principal Cyber
Advisor and the Chief Information Officer of the Department of
Defense. The plan shall include a timeline for pilot activities, a
description of the planned relationship between Department of
Defense and the auditing or accrediting bodies, a funding and
activity profile for the Defense Industrial Base Cybersecurity
Assessment Center, and a description of efforts to ensure that
the service acquisition executives and service program managers
are equipped to implement the CMMC requirements and facilitate
contractors’ meeting relevant requirements.

Timeline.

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SEC. 1743. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY
NATIONAL GUARD.

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Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 32
U.S.C. 501 note) is amended by striking ‘‘shall expire on the date
that is two years after the date of the enactment of this Act’’
and inserting ‘‘shall expire on August 31, 2022’’.

Expiration date.

SEC. 1744. NATIONAL CYBER EXERCISES.

6 USC 651 note.

(a) REQUIREMENT.—Not later than December 31, 2023, the Secretary of Homeland Security, in coordination with the Director
of National Intelligence, the Attorney General, and the Secretary
of Defense, shall conduct an exercise, which may be a tabletop
exercise, to test the resilience, response, and recovery of the United
States to a significant cyber incident impacting critical infrastructure. The Secretary shall convene similar exercises not fewer than
three times, in consultation with such officials, until 2033.
(b) PLANNING AND PREPARATION.—The exercises required under
subsection (a) shall be prepared by—
(1) appropriate personnel from—
(A) the Department of Homeland Security;
(B) the Department of Defense; and
(C) the Department of Justice; and
(2) appropriate elements of the intelligence community,
identified by the Director of National Intelligence.
(c) SUBMISSION TO CONGRESS.—For each fiscal year in which
an exercise is planned, the Secretary, in coordination with the
Director of National Intelligence, the Attorney General, and the
Secretary of Defense, shall submit to the appropriate congressional
committees a plan for the exercise not later than 180 days prior
to the exercise. Each such plan shall include information regarding
the goals of the exercise at issue, how the exercise is to be carried
out, where and when the exercise will take place, how many individuals are expected to participate from each Federal agency specified
in subsection (b), and the costs or other resources associated with
the exercise.
(d) PARTICIPANTS.—
(1) FEDERAL GOVERNMENT PARTICIPANTS.—Appropriate personnel from the following Federal agencies shall participate
in each exercise required under subsection (a):
(A) The Department of Homeland Security.
(B) The Department of Defense, as identified by the
Secretary of Defense.

Deadline.

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Coordination.
Plan.
Deadline.

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Consultation.

Coordination.

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Deadline.

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(C) Elements of the intelligence community, as identified by the Director of National Intelligence.
(D) The Department of Justice, as identified by the
Attorney General.
(E) Sector-specific agencies, as determined by the Secretary of Homeland Security.
(2) STATE AND LOCAL GOVERNMENTS.—The Secretary shall
invite representatives from State, local, and Tribal governments
to participate in each exercise required under subsection (a)
if the Secretary determines such is appropriate.
(3) PRIVATE ENTITIES.—Depending on the nature of an exercise being conducted under subsection (a), the Secretary, in
consultation with the senior representative of the sector-specific
agencies participating in such exercise in accordance with paragraph (1)(E), shall invite the following individuals to participate:
(A) Representatives from appropriate private entities.
(B) Other individuals whom the Secretary determines
will best assist the United States in preparing for, and
defending against, a significant cyber incident impacting
critical infrastructure.
(4) INTERNATIONAL PARTNERS.—Depending on the nature
of an exercise being conducted under subsection (a), the Secretary may, in coordination with the Secretary of State, invite
allies and partners of the United States to participate in such
exercise.
(e) OBSERVERS.—The Secretary may invite representatives from
the executive and legislative branches of the Federal Government
to observe an exercise required under subsection (a).
(f) ELEMENTS.—Each exercise required under subsection (a)
shall include the following elements:
(1) Exercising the orchestration of cybersecurity response
and the provision of cyber support to Federal, State, local,
and Tribal governments and private entities, including the
exercise of the command, control, and deconfliction of—
(A) operational responses through interagency
coordination processes and response groups; and
(B) each Federal agency participating in such exercise
in accordance with subsection (d)(1).
(2) Testing of the information sharing needs and capabilities of exercise participants.
(3) Testing of the relevant policy, guidance, and doctrine,
including the National Cyber Incident Response Plan of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security.
(4) Testing of the integration and interoperability between
the entities participating in the exercise in accordance with
subsection (d).
(5) Exercising the integration and interoperability of the
cybersecurity operation centers of the Federal Government,
as appropriate, in coordination with appropriate cabinet level
officials.
(g) BRIEFING.—
(1) IN GENERAL.—Not later than 180 days after the date
on which each exercise required under subsection (a) is conducted, the Secretary shall provide to the appropriate congressional committees a briefing on the exercise.

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134 STAT. 4137

(2) CONTENTS.—Each briefing required under paragraph
(1) shall include—
(A) an assessment of the decision and response gaps
observed in the exercise at issue;
(B) proposed recommendations to improve the resilience, response, and recovery of the United States to a
significant cyber attack against critical infrastructure; and
(C) appropriate plans to address the recommendations
proposed under subparagraph (B).
(h) REPEAL.—Subsection (b) of section 1648 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 129 Stat. 1119) is repealed.
(i) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House
of Representatives;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Select Committee on Intelligence of the Senate;
(F) the Permanent Select Committee on Intelligence
of the House of Representatives;
(G) the Committee on the Judiciary of the Senate;
(H) the Committee on the Judiciary of the House of
Representatives;
(I) the Committee on Commerce, Science, and
Transportation of the Senate;
(J) the Committee on Science, Space, and Technology
of the House of Representatives;
(K) the Committee on Foreign Relations of the Senate;
and
(L) the Committee on Foreign Affairs of the House
of Representatives.
(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term
‘‘element of the intelligence community’’ means an element
specified or designated under section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).
(3) PRIVATE ENTITY.—The term ‘‘private entity’’ has the
meaning given the term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(5) SECTOR-SPECIFIC AGENCY.—The term ‘‘sector-specific
agency’’ has the meaning given the term ‘‘Sector-Specific
Agency’’ in section 2201 of the Homeland Security Act of 2002
(6 U.S.C. 651).
(6) STATE.—The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.

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Recommendations.
Plans.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1745. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
REVIEW.

Assessments.

Determination.

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Deadline.
Recommendations.

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(a) DHS REVIEW.—
(1) IN GENERAL.—In order to strengthen the Cybersecurity
and Infrastructure Security Agency of the Department of Homeland Security, the Secretary of Homeland Security shall conduct
a comprehensive review of the ability of the Agency to fulfill—
(A) the missions of the Agency; and
(B) the recommendations detailed in the report issued
by the Cyberspace Solarium Commission under section
1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).
(2) ELEMENTS OF REVIEW.—The review conducted under
paragraph (1) shall include the following elements:
(A) An assessment of how additional budget resources
could be used by the Cybersecurity and Infrastructure Security Agency for projects and programs that—
(i) support the national risk management mission;
(ii) support public and private-sector cybersecurity;
(iii) promote public-private integration; and
(iv) provide situational awareness of cybersecurity
threats.
(B) A comprehensive force structure assessment of the
Cybersecurity and Infrastructure Security Agency,
including—
(i) a determination of the appropriate size and
composition of personnel to accomplish the mission
of the Agency, as well as the recommendations detailed
in the report issued by the Cyberspace Solarium
Commission under section 1652(k) of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232);
(ii) an assessment of whether existing personnel
are appropriately matched to the prioritization of
threats in the cyber domain and risks in critical infrastructure;
(iii) an assessment of whether the Agency has
the appropriate personnel and resources to—
(I) perform risk assessments, threat hunting,
incident response to support both private and
public cybersecurity;
(II) carry out the responsibilities of the Agency
related to the security of Federal information and
Federal information systems; and
(III) carry out the critical infrastructure
responsibilities of the Agency, including national
risk management; and
(iv) an assessment of whether current structure,
personnel, and resources of regional field offices are
sufficient in fulfilling agency responsibilities and mission requirements.
(3) SUBMISSION OF REVIEW.—Not later than one year after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report detailing the results
of the assessments required under paragraph (1), including
recommendations to address any identified gaps.
(b) GENERAL SERVICES ADMINISTRATION REVIEW.—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4139

(1) IN GENERAL.—The Administrator of the General Services Administration shall—
(A) conduct a review of current Cybersecurity and
Infrastructure Security Agency facilities and assess the
suitability of such facilities to fully support current and
projected mission requirements nationally and regionally;
and
(B) make recommendations regarding resources needed
to procure or build a new facility or augment existing
facilities to ensure sufficient size and accommodations to
fully support current and projected mission requirements,
including the integration of personnel from the private
sector and other departments and agencies.
(2) SUBMISSION OF REVIEW.—Not later than one year after
the date of the enactment of this Act, the Administrator of
the General Services Administration shall submit the review
required under subsection (a) to—
(A) the President;
(B) the Secretary of Homeland Security; and
(C) the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the
Committee on Environment and Public Work of the Senate,
and the Committee on Homeland Security, the Committee
on Appropriations, the Committee on Oversight and
Reform, and the Committee on Transportation and Infrastructure of the House of Representatives.

Recommendations.

Deadline.

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SEC. 1746. REPORT ON ENABLING UNITED STATES CYBER COMMAND
RESOURCE ALLOCATION.

(a) IN GENERAL.—Not later than April 15, 2021, the Secretary
of Defense shall submit to the congressional defense committees
a report detailing the actions the Secretary will undertake to implement clauses (ii) and (iii) of section 167b(d)(2) of title 10, United
States Code, including actions to ensure that the Commander of
United States Cyber Command has enhanced authority, direction,
and control of the Cyber Operations Forces and the equipment
budget that enables Cyber Operations Forces’ operations and readiness, beginning with the budget to be submitted to Congress by
the President under section 1105(a) of title 31, United States Code,
for fiscal year 2024, and the budget justification materials for
the Department of Defense to be submitted to Congress in support
of such budget.
(b) ELEMENTS.—The report required by subsection (a) shall
address the following items:
(1) The procedures by which the Principal Cyber Advisor
(PCA) will exercise authority, direction, and oversight over
the Commander of United States Cyber Command, with respect
to Cyber Operations Forces-peculiar equipment and resources.
(2) The procedures by which the Commander of United
States Cyber Command will—
(A) prepare and submit to the Secretary program recommendations and budget proposals for Cyber Operations
Forces and for other forces assigned to United States Cyber
Command; and
(B) exercise authority, direction, and control over the
expenditure of funds for—

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Procedures.

Recommendations.
Budget
proposals.

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134 STAT. 4140

(i) forces assigned to United States Cyber Command; and
(ii) Cyber Operations Forces assigned to other unified combatant commands.
(3) Recommendations for actions to enable the Commander
of United States Cyber Command to execute the budget and
acquisition responsibilities of the Commander in excess of currently imposed limits on the Cyber Operations Procurement
Fund, including potential increases in personnel to support
the Commander.
(4) The procedures by which the Secretary will categorize
and track funding obligated or expended for Cyber Operations
Forces-peculiar equipment and capabilities.
(5) The methodology and criteria by which the Secretary
will characterize equipment as being Cyber Operations Forcespeculiar.

Recommendations.

Criteria.

Deadlines.
10 USC 499 note.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1747. ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND
CONTROL SYSTEM.

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(a) PLAN FOR IMPLEMENTATION OF FINDINGS AND RECOMMENDATIONS FROM FIRST ANNUAL ASSESSMENT OF CYBER RESILIENCY OF
NUCLEAR COMMAND AND CONTROL SYSTEM.—Not later than October
1, 2021, the Secretary of Defense shall submit to the congressional
defense committees a comprehensive plan, including a schedule
and resourcing plan, for the implementation of the findings and
recommendations included in the first report submitted under section 499(c)(3) of title 10, United States Code.
(b) CONCEPT OF OPERATIONS AND OVERSIGHT MECHANISM FOR
CYBER DEFENSE OF NUCLEAR COMMAND AND CONTROL SYSTEM.—
Not later than October 1, 2021, the Secretary shall develop and
establish—
(1) a concept of operations for defending the nuclear command and control system against cyber attacks, including specification of the—
(A) roles and responsibilities of relevant entities within
the Office of the Secretary, the military services, combatant
commands, the Defense Agencies, and the Department of
Defense Field Activities; and
(B) cybersecurity capabilities to be acquired and
employed and operational tactics, techniques, and procedures, including cyber protection team and sensor deployment strategies, to be used to monitor, defend, and mitigate
vulnerabilities in nuclear command and control systems;
and
(2) an oversight mechanism or governance model for overseeing the implementation of the concept of operations developed and established under paragraph (1), related development,
systems engineering, and acquisition activities and programs,
and the plan required by subsection (a), including specification
of the—
(A) roles and responsibilities of relevant entities within
the Office of the Secretary, the military services, combatant
commands, the Defense Agencies, and the Department of
Defense Field Activities in overseeing the defense of the
nuclear command and control system against cyber attacks;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4141

(B) responsibilities and authorities of the Strategic
Cybersecurity Program in overseeing and, as appropriate,
executing—
(i) vulnerability assessments; and
(ii) development, systems engineering, and acquisition activities; and
(C) processes for coordination of activities, policies, and
programs relating to the cybersecurity and defense of the
nuclear command and control system.

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SEC. 1748. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE
JOINT REGIONAL SECURITY STACKS ACTIVITY.

(a) INDEPENDENT REVIEW.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a not-for-profit entity or
federally-funded research and development center independent
of the Department of Defense to conduct a review of the Joint
Regional Security Stacks program.
(2) MATTERS FOR INCLUSION.—The review conducted under
paragraph (1) shall include each of the following:
(A) An assessment of the efficacy of the Joint Regional
Security Stacks program and how such program has been
managed and executed.
(B) An analysis of the capabilities and performance
of the program as compared to alternative solutions utilizing commercial products and services.
(C) An evaluation of the program’s ability to meet
Department of Defense performance metrics.
(D) An assessment of what measures would be required
for the program to meet future to meet cost and schedule
milestones, including training requirements.
(b) BASELINE REVIEW.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
undertake a baseline review of the Joint Regional Security
Stacks program.
(2) ELEMENTS.—The baseline review undertaken pursuant
to paragraph (1) shall determine whether the Joint Regional
Security Stacks program—
(A) should proceed as a program of record, with modifications as specified in subsection (c), for exclusively the
Non-Classified Internet Protocol Network (NIPRNET) or
for such network and the Secret Internet Protocol Network
(SIPRNET); or
(B) should be phased out across the Department of
Defense with each of the Joint Regional Security Stacks
replaced through the institution of cost-effective and
capable networking and cybersecurity technologies,
architectures, and operational concepts within five years
of the date of the enactment of this Act.
(3) INCORPORATION.—The baseline review shall incorporate
the results of the review conducted under subsection (a).
(c) PLAN TO TRANSITION TO PROGRAM OF RECORD.—If the Secretary of Defense determines under subsection (b) that the Joint
Regional Security Stacks program should proceed, not later than
October 1, 2021, the Secretary shall develop a plan to transition

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Deadline.
Contracts.

Assessments.

Analysis.

Evaluation.

Deadline.

Determination.

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Deadline.

Proposal.

PUBLIC LAW 116–283—JAN. 1, 2021

such program to a program of record, governed by standard Department of Defense acquisition program requirements and practices,
including the following:
(1) Baseline operational requirements documentation.
(2) An acquisition strategy and baseline.
(3) A program office and responsible program manager,
under the oversight of the Under Secretary of Defense for
Acquisition and Sustainment and the Chief Information Officer
of the Department of Defense, responsible for pertinent doctrine, organization, training, materiel, leadership and education, personnel, facilities and policy matters, and the development of effective tactics, techniques, and procedures.
(4) Manning and training requirements documentation.
(5) Operational test planning.
(d) LIMITATIONS.—
(1) LIMITATION ON USE OF FUNDS.—None of the funds
authorized to be appropriated by this Act may be used to
field Joint Regional Security Stacks on the Secret Internet
Protocol Network in fiscal year 2021.
(2) LIMITATION ON OPERATIONAL DEPLOYMENT.—The Secretary of Defense may not conduct an operational deployment
of Joint Regional Security Stacks to the Secret Internet Protocol
Network in fiscal year 2021.
(e) SUBMISSION TO CONGRESS.—Not later than December 1,
2021, the Secretary shall submit to the congressional defense
committees—
(1) the findings of the Secretary with respect to the baseline
review conducted pursuant to subsection (b);
(2) the plan developed under subsection (c), if any; and
(3) a proposal for the replacement of Joint Regional Security
Stacks, if the Secretary determines under subsection (b) that
it should be replaced.

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SEC. 1749. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS.

(a) LIMITATION ON FUNDING.—Of the amounts authorized to
be appropriated for fiscal year 2021 by section 301 for operation
and maintenance and available for the Office of the Secretary
of Defense for the travel of persons as specified in the table in
section 4301—
(1) not more than 25 percent shall be available until the
date on which the report required by subsection (h)(1) of section
1631 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92) is submitted to the Committee on
Armed Services of the Senate and the Committee on Armed
Services House of Representatives; and
(2) not more than 75 percent shall be available until the
date on which the strategy and posture review required by
subsection (g) of such section is submitted to such committees.
(b) REQUIREMENTS OF STRATEGY AND POSTURE REVIEW.—Paragraph (1) of section 1631(g) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397 note)—
(1) in subparagraph (D), by striking the semicolon;
(2) in subparagraph (E), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:

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‘‘(F) designate a Department of Defense entity to
develop, apply, and continually refine an assessment capability for defining and measuring the impact of Department
information operations, which entity shall be organizationally independent of Department components performing
or otherwise engaged in operational support to Department
information operations.’’.
SEC. 1750. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF
DEFENSE NATIONAL SECURITY SYSTEMS.

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Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report detailing the mission need and efficacy of full disk encryption
across Non-classified Internet Protocol Router Network (NIPRNet)
and Secretary Internet Protocol Router Network (SIPRNet) endpoint
computer systems. Such report shall cover matters relating to cost,
mission impact, and implementation timeline.

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SEC. 1751. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING
PROCESSES FOR ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER DATA SCIENCE AND SOFTWARE
DEVELOPMENT PERSONNEL.

10 USC 1599h
note.

(a) GUIDANCE REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
review applicable Department of Defense guidance and where beneficial issue new guidance to the secretaries of the military departments and the heads of the defense components on improved use
of the direct hiring processes for artificial intelligence professionals
and other data science and software development personnel.
(b) OBJECTIVE.—The objective of the guidance issued under
subsection (a) shall be to ensure that organizational leaders assume
greater responsibility for the results of civilian hiring of artificial
intelligence professionals and other data science and software
development personnel.
(c) CONTENTS OF GUIDANCE.—At a minimum, the guidance
required by subsection (a) shall—
(1) instruct human resources professionals and hiring
authorities to utilize available direct hiring authorities
(including excepted service authorities) for the hiring of artificial intelligence professionals and other data science and software development personnel, to the maximum extent practicable;
(2) instruct hiring authorities, when using direct hiring
authorities, to prioritize utilization of panels of subject matter
experts over human resources professionals to assess applicant
qualifications and determine which applicants are best qualified
for a position;
(3) authorize and encourage the use of ePortfolio reviews
to provide insight into the previous work of applicants as a
tangible demonstration of capabilities and contribute to the
assessment of applicant qualifications by subject matter
experts; and
(4) encourage the use of referral bonuses for recruitment
and hiring of highly qualified artificial intelligence professionals
and other data science and software development personnel
in accordance with volume 451 of Department of Defense
Instruction 1400.25.
(d) REPORT.—

Deadline.
Review.

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PUBLIC LAW 116–283—JAN. 1, 2021
(1) IN GENERAL.—Not later than one year after the date
on which the guidance is issued under subsection (a), the Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the guidance issued pursuant
to subsection (a).
(2) CONTENTS.—At a minimum, the report submitted under
paragraph (1) shall address the following:
(A) The objectives of the guidance and the manner
in which the guidance seeks to achieve those objectives.
(B) The effect of the guidance on the hiring process
for artificial intelligence professionals and other data
science and software development personnel, including the
effect on—
(i) hiring time;
(ii) the use of direct hiring authority;
(iii) the use of subject matter experts; and
(iv) the quality of new hires, as assessed by hiring
managers and organizational leaders.

6 USC 1500.

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President.

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SEC. 1752. NATIONAL CYBER DIRECTOR.

(a) ESTABLISHMENT.—There is established, within the Executive
Office of the President, the Office of the National Cyber Director
(in this section referred to as the ‘‘Office’’).
(b) NATIONAL CYBER DIRECTOR.—
(1) IN GENERAL.—The Office shall be headed by the
National Cyber Director (in this section referred to as the
‘‘Director’’) who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) POSITION.—The Director shall hold office at the pleasure
of the President.
(3) PAY AND ALLOWANCES.—The Director shall be entitled
to receive the same pay and allowances as are provided for
level II of the Executive Schedule under section 5313 of title
5, United States Code.
(c) DUTIES OF THE NATIONAL CYBER DIRECTOR.—
(1) IN GENERAL.—Subject to the authority, direction, and
control of the President, the Director shall—
(A) serve as the principal advisor to the President
on cybersecurity policy and strategy relating to the
coordination of—
(i) information security and data protection;
(ii) programs and policies intended to improve the
cybersecurity posture of the United States;
(iii) efforts to understand and deter malicious cyber
activity;
(iv) efforts to increase the security of information
and communications technology and services and to
promote national supply chain risk management and
vendor security;
(v) diplomatic and other efforts to develop norms
and international consensus around responsible state
behavior in cyberspace;
(vi) awareness and adoption of emerging technology that may enhance, augment, or degrade the
cybersecurity posture of the United States; and

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134 STAT. 4145

(vii) such other cybersecurity matters as the President considers appropriate;
(B) offer advice and consultation to the National Security Council and its staff, the Homeland Security Council
and its staff, and relevant Federal departments and agencies, for their consideration, relating to the development
and coordination of national cyber policy and strategy,
including the National Cyber Strategy;
(C) lead the coordination of implementation of national
cyber policy and strategy, including the National Cyber
Strategy, by—
(i) in coordination with the heads of relevant Federal departments or agencies, monitoring and assessing
the effectiveness, including cost-effectiveness, of the
implementation of such national cyber policy and
strategy by Federal departments and agencies;
(ii) making recommendations, relevant to changes
in the organization, personnel, and resource allocation
and to policies of Federal departments and agencies,
to the heads of relevant Federal departments and agencies in order to implement such national cyber policy
and strategy;
(iii) reviewing the annual budget proposals for relevant Federal departments and agencies and advising
the heads of such departments and agencies whether
such proposals are consistent with such national cyber
policy and strategy;
(iv) continuously assessing and making relevant
recommendations to the President on the appropriate
level of integration and interoperability across the Federal cyber centers;
(v) coordinating with the Attorney General, the
Federal Chief Information Officer, the Director of the
Office of Management and Budget, the Director of
National Intelligence, and the Director of the Cybersecurity and Infrastructure Security Agency, on the
streamlining of Federal policies and guidelines,
including with respect to implementation of subchapter
II of chapter 35 of title 44, United States Code, and,
as appropriate or applicable, regulations relating to
cybersecurity;
(vi) reporting annually to the President, the Assistant to the President for National Security Affairs, and
Congress on the state of the cybersecurity posture of
the United States, the effectiveness of such national
cyber policy and strategy, and the status of the
implementation of such national cyber policy and
strategy by Federal departments and agencies; and
(vii) such other activity as the President considers
appropriate to further such national cyber policy and
strategy;
(D) lead coordination of the development and ensuring
implementation by the Federal Government of integrated
incident response to cyberattacks and cyber campaigns of
significant consequence, including—
(i) ensuring and facilitating coordination among
relevant Federal departments and agencies in the

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134 STAT. 4146

PUBLIC LAW 116–283—JAN. 1, 2021
development of integrated operational plans, processes,
and playbooks, including for incident response, that
feature—
(I) clear lines of authority and lines of effort
across the Federal Government;
(II) authorities that have been delegated to
an appropriate level to facilitate effective operational responses across the Federal Government;
and
(III) support for the integration of defensive
cyber plans and capabilities with offensive cyber
plans and capabilities in a manner consistent with
improving the cybersecurity posture of the United
States;
(ii) ensuring the exercising of defensive operational
plans, processes, and playbooks for incident response;
(iii) ensuring the updating of defensive operational
plans, processes, and playbooks for incident response
as needed to keep them updated; and
(iv) reviewing and ensuring that defensive operational plans, processes, and playbooks improve
coordination with relevant private sector entities, as
appropriate;
(E) preparing the response by the Federal Government
to cyberattacks and cyber campaigns of significant consequence across Federal departments and agencies with
responsibilities pertaining to cybersecurity and with the
relevant private sector entities, including—
(i) developing for the approval of the President,
in coordination with the Assistant to the President
for National Security Affairs and the heads of relevant
Federal departments and agencies, operational priorities, requirements, and plans;
(ii) ensuring incident response is executed consistent with the plans described in clause (i); and
(iii) ensuring relevant Federal department and
agency consultation with relevant private sector entities in incident response;
(F) coordinate and consult with private sector leaders
on cybersecurity and emerging technology issues in support
of, and in coordination with, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of
National Intelligence, and the heads of other Federal
departments and agencies, as appropriate;
(G) annually report to Congress on cybersecurity
threats and issues facing the United States, including any
new or emerging technologies that may affect national
security, economic prosperity, or enforcing the rule of law;
and
(H) be responsible for such other functions as the President may direct.
(2) DELEGATION OF AUTHORITY.—(A) The Director may—
(i) serve as the senior representative to any organization that the President may establish for the purpose of
providing the President advice on cybersecurity;
(ii) subject to subparagraph (B), be included as a
participant in preparations for and, when appropriate, the

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4147

execution of domestic and international summits and other
international meetings at which cybersecurity is a major
topic;
(iii) delegate any of the Director’s functions, powers,
and duties to such officers and employees of the Office
as the Director considers appropriate; and
(iv) authorize such successive re-delegations of such
functions, powers, and duties to such officers and employees
of the Office as the Director considers appropriate.
(B) In acting under subparagraph (A)(ii) in the case of
a summit or a meeting with an international partner, the
Director shall act in coordination with the Secretary of State.
(d) ATTENDANCE AND PARTICIPATION IN NATIONAL SECURITY
COUNCIL MEETINGS.—Section 101(c)(2) of the National Security Act
of 1947 (50 U.S.C. 3021(c)(2)) is amended by striking ‘‘and the
Chairman of the Joint Chiefs of Staff’’ and inserting ‘‘the Chairman
of the Joint Chiefs of Staff, and the National Cyber Director’’.
(e) POWERS OF THE DIRECTOR.—The Director may, for the purposes of carrying out the functions of the Director under this section—
(1) subject to the civil service and classification laws, select,
appoint, employ, and fix the compensation of such officers and
employees as are necessary and prescribe their duties, except
that not more than 75 individuals may be employed without
regard to any provision of law regulating the employment or
compensation at rates not to exceed the basic rate of basic
pay payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code;
(2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate individuals so employed for each day (including travel time) at rates
not in excess of the maximum rate of basic pay for grade
GS–15 as provided in section 5332 of such title, and while
such experts and consultants are so serving away from their
homes or regular place of business, to pay such employees
travel expenses and per diem in lieu of subsistence at rates
authorized by section 5703 of such title 5 for persons in Federal
Government service employed intermittently;
(3) promulgate such rules and regulations as may be necessary to carry out the functions, powers, and duties vested
in the Director;
(4) utilize, with their consent, the services, personnel, and
facilities of other Federal agencies;
(5) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary
in the conduct of the work of the Office and on such terms
as the Director may determine appropriate, with any Federal
agency, or with any public or private person or entity;
(6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United
States Code;
(7) adopt an official seal, which shall be judicially noticed;
and
(8) provide, where authorized by law, copies of documents
to persons at cost, except that any funds so received shall
be credited to, and be available for use from, the account
from which expenditures relating thereto were made.

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134 STAT. 4148

PUBLIC LAW 116–283—JAN. 1, 2021

(f) RULES OF CONSTRUCTION.—Nothing in this section may be
construed as—
(1) modifying any authority or responsibility, including any
operational authority or responsibility of any head of a Federal
department or agency;
(2) authorizing the Director or any person acting under
the authority of the Director to interfere with or to direct
a criminal or national security investigation, arrest, search,
seizure, or disruption operation;
(3) amending a legal restriction that was in effect on the
day before the date of the enactment of this Act that requires
a law enforcement agency to keep confidential information
learned in the course of a criminal or national security investigation;
(4) authorizing the Director or any person acting under
the authority of the Director to interfere with or to direct
a military operation;
(5) authorizing the Director or any person acting under
the authority of the Director to interfere with or to direct
any diplomatic or consular activity;
(6) authorizing the Director or any person acting under
the authority of the Director to interfere with or to direct
an intelligence activity, resource, or operation; or
(7) authorizing the Director or any person acting under
the authority of the Director to modify the classification of
intelligence information.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘cybersecurity posture’’ means the ability
to identify, to protect against, to detect, to respond to, and
to recover from an intrusion in an information system the
compromise of which could constitute a cyber attack or cyber
campaign of significant consequence.
(2) The term ‘‘cyber attack and cyber campaign of significant consequence’’ means an incident or series of incidents
that has the purpose or effect of—
(A) causing a significant disruption to the confidentiality, integrity, or availability of a Federal information
system;
(B) harming, or otherwise significantly compromising
the provision of service by, a computer or network of computers that support one or more entities in a critical infrastructure sector;
(C) significantly compromising the provision of services
by one or more entities in a critical infrastructure sector;
(D) causing a significant misappropriation of funds
or economic resources, trade secrets, personal identifiers,
or financial information for commercial or competitive
advantage or private financial gain; or
(E) otherwise constituting a significant threat to the
national security, foreign policy, or economic health or
financial stability of the United States.
(3) The term ‘‘incident’’ has the meaning given such term
in section 3552 of title 44, United States Code.
(4) The term ‘‘incident response’’ means a government or
private sector activity that detects, mitigates, or recovers from
a cyber attack or cyber campaign of significant consequence.

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134 STAT. 4149

(5) The term ‘‘information security’’ has the meaning given
such term in section 3552 of title 44, United States Code.
(6) The term ‘‘intelligence’’ has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).

TITLE XVIII—TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES
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.

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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.
Sec.
Sec.
Sec.
Sec.

1861.
1862.
1863.
1864.

Subtitle H—Contract Management
Contract administration.
Prohibitions and penalties.
Contractor workforce.
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.
SEC. 1801. TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES.
Review.
Determination.

Recommendations.

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Summary.

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(a) ACTIVITIES.—Not later than February 1, 2021, the Secretary
of Defense shall establish a process to engage interested parties
and experts from the public and private sectors, as determined
appropriate by the Secretary, in a comprehensive review of this
title and the amendments made by this title.
(b) ASSESSMENT AND REPORT.—Not later than March 15, 2021,
the Secretary of Defense shall submit to the congressional defense
committees a report evaluating this title and the amendments made
by this title that shall include the following elements:
(1) Specific recommendations for modifications to the legislative text of this title and the amendments made by this
title, along with a list of conforming amendments to law
required by this title and the amendments made by this title.
(2) A summary of activities conducted pursuant to the
process established under subsection (a), including an assessment of the effect of this title and the amendments made
by this title on related Department of Defense activities, guidance, and interagency coordination.
(3) An implementation plan for updating the regulations
and guidance relating to this title and the amendments made
by this title that contains the following elements:
(A) A description of how the plan will be implemented.
(B) A schedule with milestones for the implementation
of the plan.
(C) A description of the assignment of roles and responsibilities for the implementation of the plan.

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134 STAT. 4151

(D) A description of the resources required to implement the plan.
(E) A description of how the plan will be reviewed
and assessed to monitor progress.
(4) Such other items as the Secretary considers appropriate.
(d) ENACTMENT AND IMPLEMENTATION.—
(1) DELAYED ENACTMENT.—Except as specifically provided,
this title and the amendments made by this title shall take
effect on January 1, 2022.
(2) DELAYED IMPLEMENTATION.—Not later than January
1, 2023, the Secretary of Defense shall take such action as
necessary to revise or modify the Department of Defense
Supplement to the Federal Acquisition Regulation and other
existing authorities affected by the enactment of this title and
the amendments made by this title.
(3) APPLICABILITY.—
(A) IN GENERAL.—The Secretary of Defense shall apply
the law as in effect on December 31, 2021, with respect
to contracts entered into during the covered period.
(B) COVERED PERIOD DEFINED.—In this paragraph, the
term ‘‘covered period’’ means the period beginning on
January 1, 2022, and ending on the earlier of—
(i) the date on which the Secretary of Defense
revises or modifies authorities pursuant to paragraph
(2); or
(ii) January 1, 2023.

10 USC 3001
note prec.

Deadline.

Effective date.

Subtitle A—Definitions
SEC. 1806. DEFINITIONS.

(a) NEW CHAPTER.—
(1) NEW SUBCHAPTER.—Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232), is amended by striking chapter
201 and inserting the following:
‘‘CHAPTER 201—DEFINITIONS
‘‘Subchapter
‘‘I. Definitions Relating to Defense Acquisition System Generally ...................
‘‘II. Definitions Applicable to Procurement Generally ........................................
‘‘III. Definitions Relating to Major Systems and Major Defense Acquisition
Programs ...................................................................................................

Sec.
3001
3011
3041

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‘‘SUBCHAPTER I—DEFINITIONS RELATING TO DEFENSE
ACQUISITION SYSTEM GENERALLY
‘‘Sec.
‘‘3001.
‘‘3002.
‘‘3003.
‘‘3004.
‘‘3005.
‘‘3006.

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10 USC 3001
prec.
10 USC 3001
prec.
10 USC 3001
prec.

10 USC 3001
prec.

Defense acquisition system; element of the defense acquisition system.
Federal Acquisition Regulation.
Defense Federal Acquisition Regulation Supplement.
Head of an agency.
Service chief concerned.
Acquisition workforce.

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134 STAT. 4152

VerDate Sep 11 2014

PUBLIC LAW 116–283—JAN. 1, 2021

10 USC 3001.

‘‘§ 3001. Defense acquisition system; element of the defense
acquisition system

10 USC 3002.

‘‘§ 3002. Federal Acquisition Regulation

10 USC 3003.

‘‘§ 3003. Defense Federal Acquisition Regulation Supplement
‘‘øReserved¿.

10 USC 3004.

‘‘§ 3004. Head of an agency

10 USC 3005.

‘‘§ 3005. Service chief concerned
‘‘øReserved¿.

10 USC 3006.

‘‘§ 3006. Acquisition workforce
‘‘For the definition of the term ‘acquisition workforce’ for the
purposes of this part, see section 101(a)(18) of this title.’’.
(2) TRANSFER OF SECTION 2545(2).—Paragraph (2) of section
2545 of title 10, United States Code, is transferred to section
3001 of such title, as added by paragraph (1), inserted after
the section heading, redesignated as subsection (a), realigned
2 ems to the left, and amended—
(A) by striking ‘‘The term’’ and inserting ‘‘DEFENSE
ACQUISITION SYSTEM.—In this part, the term’’;
(B) by striking ‘‘means the’’ and inserting ‘‘means—
‘‘(1) the’’;
(C) by striking ‘‘of Defense; the management’’ and
inserting ‘‘of Defense;
‘‘(2) the management’’; and
(D) by striking ‘‘of Defense; and the’’ and inserting
‘‘of Defense; and
‘‘(3) the’’.
(3) TRANSFER OF SECTION 2545(3).—Paragraph (3) of section
2545 of title 10, United States Code, is transferred to section
3001 of such title, as added by paragraph (1), inserted after
subsection (a), as transferred and redesignated by paragraph
(2), redesignated as subsection (b), realigned 2 ems to the
left, and amended—
(A) by striking ‘‘The term’’ and inserting ‘‘ELEMENT
OF THE DEFENSE ACQUISITION SYSTEM.—In this part, the
term’’;
(B) by striking ‘‘organization that employs’’ and
inserting ‘‘organization that—
‘‘(1) employs’’;
(C) by striking ‘‘workforce, carries out’’ and inserting
‘‘workforce;
‘‘(2) carries out’’; and
(D) by striking ‘‘functions, and focuses’’ and inserting
‘‘functions; and
‘‘(3) focuses’’.
(4) TRANSFER OF SECTION 2545(1).—Paragraph (1) of section
2545 of title 10, United States Code, is transferred to section
3001 of such title, as added by paragraph (1), inserted after
subsection (b), as transferred and redesignated by paragraph
(3), redesignated as subsection (c), realigned 2 ems to the
left, and amended by striking ‘‘The term’’ and inserting
‘‘ACQUISITION.—In this section, the term’’.
(5) TRANSFER OF SECTION 2302(6).—Paragraph (6) of section
2302 of title 10, United States Code, is transferred to section

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3002 of such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left, and amended—
(A) by striking the paragraph designation; and
(B) by striking ‘‘The term’’ and inserting ‘‘In this part,
the term’’.
(6) TRANSFER OF SECTION 2302(1).—Paragraph (1) of section
2302 of title 10, United States Code, is transferred to section
3004 of such title, as added by paragraph (1), inserted after
the section heading, realigned 2 ems to the left, and amended—
(A) by striking the paragraph designation; and
(B) by striking ‘‘The term’’ and inserting ‘‘In this part,
the term’’.
(b) NEW SUBCHAPTER II.—
(1) IN GENERAL.—Such chapter is further amended by
adding at the end the following new subchapter:
‘‘SUBCHAPTER II—DEFINITIONS APPLICABLE TO
PROCUREMENT GENERALLY

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‘‘Sec.
‘‘3011.
‘‘3012.
‘‘3013.
‘‘3014.
‘‘3015.
‘‘3016.

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prec.

Definitions incorporated from title 41.
Competitive procedures.
Technical data.
Nontraditional defense contractor.
Simplified acquisition threshold.
Chapter 137 legacy provisions.

‘‘§ 3011. Definitions incorporated from title 41

10 USC 3011.

‘‘§ 3012. Competitive procedures

10 USC 3012.

‘‘§ 3013. Technical data

10 USC 3013.

‘‘§ 3014. Nontraditional defense contractor

10 USC 3014.

‘‘§ 3015. Simplified acquisition threshold’’.
(2) TRANSFER OF 2302(3).—Paragraph (3) of section 2302
of such title is transferred to section 3011 of such title, as
added by paragraph (1), inserted after the section heading,
realigned 2 ems to the left, and amended—
(A) by striking the paragraph designation;
(B) by striking ‘‘The following’’ and inserting ‘‘In any
chapter 137 legacy provision, the following’’; and
(C) by redesignating subparagraphs (A) through (M)
as paragraphs (1) through (13), respectively.
(3) TRANSFER OF 2302(2).—Paragraph (2) of section 2302
of such title is transferred to section 3012 of such title, as
added by paragraph (1), inserted after the section heading,
realigned 2 ems to the left, and amended—
(A) by striking the paragraph designation;
(B) by striking ‘‘The term’’ and inserting ‘‘In this part,
the term’’;
(C) by redesignating subparagraphs (A), (B), (C), (D),
and (E) as paragraphs (1), (2), (3), (4), and (5), respectively;
and
(D) by redesignating clauses (i) and (ii) of paragraph
(3), as so redesignated, as subparagraphs (A) and (B),
respectively.
(4) TRANSFER OF 2302(4).—Paragraph (4) of section 2302
of such title is transferred to section 3013 of such title, as

10 USC 3015.

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PUBLIC LAW 116–283—JAN. 1, 2021
added by paragraph (1), inserted after the section heading,
realigned 2 ems to the left, and amended—
(A) by striking the paragraph designation; and
(B) by striking ‘‘The term’’ and inserting ‘‘In any
chapter 137 legacy provision, the term’’.
(5) TRANSFER OF 2302(9).—Paragraph (9) of section 2302
of such title is transferred to section 3014 of such title, as
added by paragraph (1), inserted after the section heading,
realigned 2 ems to the left, and amended—
(A) by striking the paragraph designation;
(B) by striking ‘‘The term’’ and inserting ‘‘In this part,
the term’’; and
(C) by striking ‘‘section 2371(a) or 2371b’’ and inserting
‘‘section 4002(a) or 4003’’.
(6) TRANSFER OF 2302(7) & (8).—Paragraphs (7) and (8) of
section 2302 of such title are transferred to section 3015 of
such title, as added by paragraph (1), and redesignated as
paragraphs (1) and (2), respectively, and such section is further
amended by inserting before paragraph (1), as so redesignated,
the following:
‘‘In this part:’’.
(7) CHAPTER 137 LEGACY PROVISIONS DEFINED.—Subchapter
II of such chapter, as added by paragraph (1), is further
amended by adding at the following new section:

10 USC 3016.

‘‘§ 3016. Chapter 137 legacy provisions
‘‘In this part, the term ‘chapter 137 legacy provisions’ means
the following sections of this title: sections 3002, 3004, 3011–3015,
3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241,
3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375,
3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572,
3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791,
3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b),
4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751,
4752, and 8751.’’.
(c) NEW SUBCHAPTER III.—
(1) IN GENERAL.—Such chapter is further amended by
adding after subchapter II, as added by subsection (b), the
following new subchapter:

10 USC 3041
prec.

‘‘SUBCHAPTER III—DEFINITIONS RELATING TO MAJOR
SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS

10 USC 3041.
10 USC 3042.

‘‘Sec.
‘‘3041. Major system.
‘‘3042. Major defense acquisition program.

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‘‘§ 3041. Major system
‘‘§ 3042. Major defense acquisition program
‘‘For the definition of the term ‘major defense acquisition program’ for purposes of this part, see section 4201 of this title.’’.
(2) TRANSFER OF 2302(5).—Paragraph (5) of section 2302
of such title is transferred to section 3041 of such title, as
added by paragraph (1), inserted after the section heading,
realigned 2 ems to the left, redesignated as subsection (a),
and amended—

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(A) by striking ‘‘The term’’ and inserting ‘‘IN GENthis part (other than in sections 4292(e) and
4321), the term’’;
(B) by designating the third sentence as subsection
(b);
(C) in subsection (b), as so designated—
(i) by inserting ‘‘SYSTEM CONSIDERED TO BE A
MAJOR SYSTEM.—’’ before ‘‘A system shall be’’; and
(ii) by striking ‘‘system if (A)’’ and all that follows
and inserting ‘‘system if—
‘‘(1) the conditions of subsection (c) or (d), as applicable,
are satisfied; or
‘‘(2) the system is designated a ‘major system’ by the head
of the agency responsible for the system.’’.
(3) TRANSFER OF 2302D(A) AND (B).—Subsections (a) and
(b) of section 2302d of such title are transferred to section
3041 of such title, as amended by paragraph (2), inserted after
subsection (b), as designated by paragraph (2)(B), redesignated
as subsections (c) and (d), respectively, and amended—
(A) by striking ‘‘section 2302(5) of this title’’ in both
subsections and inserting ‘‘subsection (b)’’; and
(B) in subsection (c), as so redesignated—
(i) by striking ‘‘SYSTEMS.—For purposes of’’ and
inserting ‘‘SYSTEMS.—
‘‘(1) IN GENERAL.—For purposes of’’;
(ii) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(iii) by adding at the end the following new paragraph:
‘‘(2) ADJUSTMENT AUTHORITY.—Authority for the Secretary
of Defense to adjust amounts and the base fiscal year in effect
under this subsection is provided in section 4202(b) of this
title.’’.
(d) CONFORMING REPEAL.—Section 2302 of title 10, United
States Code, is repealed.
(e) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) HEAD OF AN AGENCY.—The following provisions of law
are amended by striking ‘‘section 2302(1)’’ and inserting ‘‘section
3004’’:
(A) Section 2218(k)(4) of title 10, United States Code.
(B) Section 2646(c)(1) of title 10, United States Code.
(2) MAJOR SYSTEM.—The following provisions of law are
amended by striking ‘‘section 2302(5)’’ and inserting ‘‘section
3041’’:
(A) Section 933(e)(1)(A) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–
239; 10 U.S.C. 2224 note).
(B) Section 932(b)(1) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383; 10 U.S.C. 2224 note).
(C) Section 254(f)(1) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 10 U.S.C. 2302 note).
(D) Section 812(k) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 10 U.S.C. 2302 note).

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PUBLIC LAW 116–283—JAN. 1, 2021
(E) Section 4471(f)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 10 U.S.C. 2501 note).
(3) NONTRADITIONAL DEFENSE CONTRACTOR.—The following
provisions of law are amended by striking ‘‘section 2302(9)’’
or ‘‘section 2302’’, as the case may be, and inserting ‘‘section
3014’’:
(A) Section 1110(b)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 10 U.S.C. 1701 note).
(B) Section 217(e)(2)(D) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 10 U.S.C. 2222 note).
(C) Section 843(c)(4) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. 2302 note).
(D) Section 884(e)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 10 U.S.C. 2302 note).
(E) Section 866(e)(3) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383; 10 U.S.C. 2302 note).
(F) Section 831(o)(2)(H)(i) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–
510; 10 U.S.C. 2302 note).
(4) SIGNIFICANT NONMAJOR DEFENSE ACQUISITION PROGRAM.—Section 1737(a)(3) of title 10, United States Code, is
amended by striking ‘‘section 2302(5)(A)’’ both places it appears
and inserting ‘‘section 3041(b)(1)’’.
(5) SIMPLIFIED ACQUISITION THRESHOLD.—Section 801(f)(4)
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110–181; 10 U.S.C. 2304 note) is amended by
striking ‘‘section 2302(7)’’ and inserting ‘‘section 3015(a)’’:

SEC. 1807. GENERAL MATTERS.

10 USC 3021
prec.
10 USC 3062
prec.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 203 and inserting the following:
‘‘CHAPTER 203—GENERAL MATTERS
‘‘Sec.
‘‘3061.
‘‘3062.
‘‘3063.
‘‘3064.
‘‘3065.
‘‘3066.

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‘‘3067.
‘‘3068.
‘‘3069.
‘‘3070.
‘‘3071.
‘‘3072.

øReserved¿.
Regulations.
Covered agencies.
Applicability chapter 137 legacy provisions.
Assignment and delegation of procurement functions and responsibilities: delegation within agency.
Assignment and delegation of procurement functions and responsibilities:
procurements for or with other agencies.
Approval required for military department termination or reduction in participation in joint acquisition programs.
Inapplicability of certain laws.
Buy-to-budget acquisition: end items.
Limitation on acquisition of excess supplies.
øReserved¿.
Comptroller General assessment of acquisition programs and initiatives.’’.

(b) SECTION 2202 OF TITLE 10 (PARTIAL).—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4157

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(1) IN GENERAL.—Chapter 203 of title 10, United States
Code, as amended by subsection (a), is amended by inserting
after the table of sections the following new sections:

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‘‘§ 3062. Regulations
‘‘The Secretary of Defense shall prescribe regulations governing
the performance within the Department of Defense of the procurement functions, and related functions, of the Department of
Defense.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 2202 of title 10, United States Code, is
amended by striking ‘‘procurement,’’.
(B) The heading of such section, and the item relating
to such section in the table of sections at the beginning
of chapter 131 of such title, are amended by striking the
third word and the comma following that word.
(c) SECTION 2303 OF TITLE 10.—
(1) IN GENERAL.—Chapter 203 of title 10, United States
Code, is amended by adding after section 3062, as added by
subsection (b), the following new sections:

10 USC 3062.

‘‘§ 3063. Covered agencies
‘‘For purposes of any provision of law referring to this section,
the agencies named in this section are the following:

10 USC 3063.

‘‘§ 3064. Applicability of chapter 137 legacy provisions’’.
(2) TRANSFER OF LIST OF COVERED AGENCIES.—Paragraphs
(1) through (6) of section 2303(a) of title 10, United States
Code, are transferred to the end of section 3063 of such title,
as added by paragraph (1).
(3) TRANSFER OF APPLICABILITY PROVISIONS.—Subsection (a)
(as amended by paragraph (2)) and subsection (b) of section
2303 of such title are transferred to section 3064 of such title,
as added by paragraph (1), inserted after the section heading,
and amended—
(A) in subsection (a)—
(i) by striking ‘‘This chapter’’ and inserting ‘‘GENERAL APPLICABILITY.—Any provision of this part that
is a chapter 137 legacy provision;’’
(ii) by striking ‘‘of the following agencies’’ and
inserting ‘‘by any of the agencies named in section
3063 of this title’’; and
(iii) by striking the colon after ‘‘funds’’ and
inserting a period; and
(B) in subsection (b), by striking ‘‘The provisions of
this chapter’’ and inserting ‘‘APPLICABILITY TO CONTRACTS
FOR INSTALLATION OR ALTERATION.—The provisions of this
part that are chapter 137 legacy provisions’’.
(4) CONFORMING REPEAL.—Section 2303 of title 10, United
States Code, is repealed.
(d) TRANSFER OF SECTION 2311 OF TITLE 10.—
(1) TRANSFER.—Section 2311 of title 10, United States
Code, is transferred to chapter 203 of such title, inserted after
section 3064, as added by subsection (c), and redesignated
as section 3065.
(2) DIVISION INTO THREE SECTIONS.—The text transferred
and redesignated by paragraph (1) is amended—

10 USC 3064.

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prec., 2202.

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134 STAT. 4158

PUBLIC LAW 116–283—JAN. 1, 2021
(A) by inserting after subsection (a) the following new
section heading:

10 USC 3066.

‘‘§ 3066. Assignment and delegation of procurement functions
and responsibilities: procurements for or with
other agencies’’;
(B) by inserting after subsection (b) the following new
section heading:

10 USC 3067.

‘‘§ 3067. Approval required for military department termination or reduction in participation in joint
acquisition programs’’;
(C) in section 3065, as so redesignated—
(i) by striking ‘‘(a) IN GENERAL.—’’; and
(ii) by striking ‘‘under this chapter’’ and inserting
‘‘under any provision of this part that is a chapter
137 legacy provision’’;
(D) in section 3066, as so designated—
(i) by striking ‘‘(b) PROCUREMENTS FOR OR WITH
OTHER AGENCIES.—Subject to subsection (a)’’ and
inserting ‘‘Subject to section 3065 of this title’’;
(ii) by striking ‘‘covered by this chapter’’ and
inserting ‘‘covered by any provision of this part that
is a chapter 137 legacy provision’’; and
(iii) by striking ‘‘section 2303’’ and inserting ‘‘section 3063’’; and
(E) in section 3067, as so designated—
(i) by redesignating subsection (c) as subsection
(a);
(ii) by striking ‘‘(1)’’;
(iii) by redesignating paragraph (2) as subsection
(b) and inserting ‘‘REQUIRED CONTENT OF REGULATIONS.—’’ before ‘‘The regulations’’; and
(iv) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively.
(3) CONFORMING AMENDMENT.—The heading of section
3065, as transferred and redesignated by paragraph (1), is
amended to read as follows:
‘‘§ 3065. Assignment and delegation of procurement functions
and responsibilities: delegation within agency’’.
(e) TRANSFER AND CONSOLIDATION OF SECTIONS 2314 & 2315
OF TITLE 10.—
(1) NEW SECTION.—Chapter 203 of title 10, United States
Code, is amended by adding after section 3067, as designated
by subsection (d), the following new section:

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10 USC 3068.

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‘‘§ 3068. Inapplicability of certain laws’’.
(2) TRANSFER OF SECTION 2314.—The text of section 2314
of such title is transferred to section 3068, as added by paragraph (1), inserted after the section heading, designated as
subsection (a), and amended—
(A) by inserting ‘‘LAWS INAPPLICABLE TO AGENCIES
NAMED IN SECTION 3063.—’’ before ‘‘Sections’’; and
(B) by striking ‘‘section 2303’’ and inserting ‘‘section
3063 of this title’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4159

(3) TRANSFER OF SECTION 2315.—The text of section 2315
of such title is transferred to section 3068, as added by paragraph (1), inserted after subsection (a), as transferred and
designated by paragraph (2), designated as subsection (b), and
amended by inserting ‘‘LAWS INAPPLICABLE TO PROCUREMENT
OF AUTOMATIC DATA PROCESSING EQUIPMENT AND SERVICES
FOR CERTAIN DEFENSE PURPOSES.—’’ before ‘‘Sections’’.
(4) CONFORMING REPEALS.—Sections 2314 and 2315 of title
10, United States Code, are repealed.
(f) TRANSFER OF SECTION 2308.—Section 2308 of title 10, United
States Code, is transferred to chapter 203 of such title, inserted
after section 3068, as added by subsection (e), redesignated as
section 3069, and amended by striking ‘‘section 2304’’ in subsection
(b)(2) and inserting ‘‘sections 3201 through 3205’’.
(g) TRANSFER OF SECTIONS 2213 AND 2229B.—
(1) TRANSFER.—Sections 2213 and 2229b of such title are
transferred to chapter 203 of such title, inserted after section
3069, as transferred and redesignated by subsection (f), and
redesignated as sections 3070 and 3072, respectively.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 131 of such title is amended by striking
the items relating to section 2213 and 2229b.

10 USC 2201
prec.

SEC. 1808. DEFENSE ACQUISITION SYSTEM.

(a) TRANSFER OF CHAPTER 149.—
(1) TRANSFER OF CHAPTER.—Chapter 149 of title 10, United
States Code, is transferred to part V of subtitle A of that
title, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232), inserted in place of chapter 205 as enacted by that
section, and redesignated as chapter 205.
(2) REDESIGNATION OF SECTIONS.—Sections in chapter 205
of title 10, United States Code, as transferred and redesignated
by paragraph (1), are redesignated as follows:
New Section No.

Old Section No.

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2545
2546
2546a
2547
2548

3101
3103
3102
3104
3105

(3) REVISION OF ORDER OF SECTIONS.—
(A) Section 3102 of such title, as redesignated by paragraph (2), is transferred within such section so as to appear
after section 3101, as so redesignated.
(B) The items in the table of sections at the beginning
of such chapter, as transferred by paragraph (1), are
amended to conform to the redesignations made by paragraph (2) and the transfer made by subparagraph (A).
(4) TABLES OF CHAPTERS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 149.

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10 USC 3101
prec.

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10 USC 3101
prec.

10 USC 101 prec.,
2201 prec.

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134 STAT. 4160

PUBLIC LAW 116–283—JAN. 1, 2021
(b) AMENDMENTS TO TRANSFERRED SECTIONS.—
(1) SECTION 3101.—Section 3101 of title 10, United States
Code, as redesignated by subsection (a)(2), is amended—
(A) by striking ‘‘chapter:
‘‘(1) The’’ and
inserting ‘‘chapter, the’’; and
(B) by striking paragraphs (2), (3), and (4).
(2) SECTION 3104.—Section 3104 of title 10, United States
Code, as redesignated by subsection (a)(2), is amended—
(A) in subsection (b)(1), by striking ‘‘section 2448a(a)’’
and inserting ‘‘section 4271(a)’’;
(B) in subsection (b)(2)(B), by striking ‘‘section 2366a’’
and inserting ‘‘section 4251’’;
(C) in subsection (b)(2)(C), by striking ‘‘section 2366b’’
and inserting ‘‘section 4252’’; and
(D) in subsection (d)(3), by striking ‘‘section
2446a(b)(5)’’ and inserting ‘‘section 4401(b)(5)’’.
(3) SECTION 3105.—Section 3105 of title 10, United States
Code, as redesignated by subsection (a)(2), is amended in subsection (b)(2)(B)(i) by striking ‘‘section 2306a’’ and inserting
‘‘sections 3701 through 3708’’.
(c) DIVISION OF CURRENT 2548 INTO TWO SECTIONS.—
(1) NEW SECTION.—Such chapter is further amended—
(A) by inserting after subsection (c) of such section
3105, as redesignated by subsection (a)(2), the following
new section heading:

10 USC 3106.

10 USC 3101
prec.

‘‘§ 3106. Elements of the defense acquisition system: performance goals’’; and
(B) by redesignating subsections (d) and (e) as subsections (a) and (b), respectively.
(2) CONFORMING AMENDMENT TO NEW 3105 HEADING.—The
heading of such section 3105 is amended to read as follows:
‘‘§ 3105. Elements of the defense acquisition system: performance assessments’’.
(3) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 205 of such title, as amended by subsection
(a)(3), is further amended by striking the item relating to
section 3105 and inserting the following new items:
‘‘3105. Elements of the defense acquisition system: performance assessments.
‘‘3106. Elements of the defense acquisition system: performance goals’’.

(d) CROSS-REFERENCE AMENDMENTS.—
(1) Section 129a(c)(3) of title 10, United States Code, is
amended by striking ‘‘section 2545’’ and inserting ‘‘section
3001’’.
(2) Section 1701a of such title is amended by striking
‘‘chapter 149’’ and inserting ‘‘chapter 205’’.

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SEC. 1809. BUDGETING AND APPROPRIATIONS.

10 USC 3101
prec.

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(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 207 and inserting the following:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4161

‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS

10 USC 3131
prec.

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‘‘Sec.
‘‘3131. Availability of appropriations.
‘‘3132. Availability of appropriations for procurement of technical military equipment and supplies.
‘‘3133. Contracts for periods crossing fiscal years: severable service contracts; leases
of real or personal property.
‘‘3134. Allocation of appropriations.
‘‘3135. Comparable budgeting for common procurement weapon systems.
‘‘3136. Defense Modernization Account.
‘‘3137. Procurement of contract services: specification of amounts requested in budget.
‘‘3138. Obligations for contract services: reporting in budget object classes.’’.

(b) TRANSFER OF SECTION 2351.—Section 2351 of title 10,
United States Code, is transferred to chapter 207 of such title,
as amended by subsection (a), inserted after the table of sections,
and redesignated as section 3131.
(c) TRANSFER OF SECTION 2395.—Section 2395 of title 10, United
States Code, is transferred to chapter 207 of such title, as amended
by subsection (a), inserted after section 3131, as transferred and
redesignated by subsection (b), and redesignated as section 3132.
(d) TRANSFER OF SECTION 2410A.—Section 2410a of title 10,
United States Code, is transferred to chapter 207 of such title,
as amended by subsection (a), inserted after section 3132, as transferred and redesignated by subsection (c), and redesignated as
section 3133.
(e) TRANSFER OF SECTION 2309.—
(1) TRANSFER.—Section 2309 of title 10, United States
Code, is transferred to chapter 207 of such title, as amended
by subsection (a), added after section 3133, as transferred and
redesignated by subsection (d), and redesignated as section
3134.
(2) AMENDMENTS.—Such section is amended—
(A) in subsection (a), by striking ‘‘named in section
2303’’ and inserting ‘‘named in section 3063’’; and
(B) by adding at the end the following new subsection:
‘‘(c) For purposes of sections 3064 and 3066 of this title, this
section shall be deemed to be a section of chapter 137 of this
title.’’.
(f) TRANSFER OF SECTION 2217.—
(1) TRANSFER.—Section 2217 of title 10, United States
Code, is transferred to chapter 207 of such title, as amended
by subsection (a), added after section 3134, as transferred and
redesignated by subsection (e), and redesignated as section
3135.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2217.
(g) TRANSFER OF SECTION 2216.—
(1) TRANSFER.—Section 2216 of title 10, United States
Code, is transferred to chapter 207 of such title, as amended
by subsection (a), added after section 3135, as transferred and
redesignated by subsection (f), and redesignated as section
3136.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2216.
(h) TRANSFER OF SECTION 235.—

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10 USC 2201
prec.

10 USC 2201
prec.

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134 STAT. 4162

PUBLIC LAW 116–283—JAN. 1, 2021
(1) TRANSFER.—Section 235 of title 10, United States Code,
is transferred to chapter 207 of such title, as amended by
subsection (a), added after section 3136, as transferred and
redesignated by subsection (g), and redesignated as section
3137.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 9 of such title is amended by striking
the item relating to section 235.
(i) TRANSFER OF SECTION 2212.—
(1) TRANSFER.—Section 2212 of title 10, United States
Code, is transferred to chapter 207 of such title, as amended
by subsection (a), added after section 3137, as transferred and
redesignated by subsection (h), and redesignated as section
3138.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2212.

10 USC 221 prec.

10 USC 2201
prec.

SEC. 1810. OPERATIONAL CONTRACT SUPPORT.

10 USC 3151
prec.
10 USC 3151
prec.

10 USC 3151
prec.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 209 and inserting the following:
‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT
‘‘Subchapter
‘‘I. Joint Policies on Requirements Definition, Contingency Program Management, and Contingency Contracting .......................................................
‘‘II. Other Provisions Relating to Operational Contract Support ......................

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3151
3171

‘‘SUBCHAPTER I—JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY PROGRAM MANAGEMENT, AND
CONTINGENCY CONTRACTING
‘‘Sec.
‘‘3151.
‘‘3152.
‘‘3153.
‘‘3154.
‘‘3155.
‘‘3156.
‘‘3157.

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Sec.

Joint policy requirement.
Requirements definition matters covered.
Contingency program management matters covered.
Contingency contracting matters covered.
Training for personnel outside acquisition workforce.
Mission readiness exercises.
Definitions; applicability.

10 USC 3151.

‘‘§ 3151. Joint policy requirement

10 USC 3152.

‘‘§ 3152. Requirements definition matters covered

10 USC 3153.

‘‘§ 3153. Contingency program management matters covered

10 USC 3154.

‘‘§ 3154. Contingency contracting matters covered

10 USC 3155.

‘‘§ 3155. Training for personnel outside acquisition workforce

10 USC 3156.

‘‘§ 3156. Mission readiness exercises

10 USC 3157.

‘‘§ 3157. Definitions; applicability
‘‘In this subchapter:’’.
(b) TRANSFER OF SECTION 2333.—Provisions of section 2333
of title 10, United States Code, are transferred to chapter 209
of such title, as amended by subsection (a), as follows:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4163

(1) SUBSECTION (A).—Subsection (a) of such section 2333
is transferred to such chapter, inserted after the heading for
section 3151, and amended by striking the subsection designation and subsection heading.
(2) SUBSECTION (B).—Subsection (b) of such section 2333
is transferred to such chapter, inserted after the heading for
section 3152, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3151 of this title’’.
(3) SUBSECTION (C).—Subsection (c) of such section 2333
is transferred to such chapter, inserted after the heading for
section 3153, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3151 of this title’’.
(4) SUBSECTION (D).—Subsection (d) of such section 2333
is transferred to section 3154 of such chapter, as added by
subsection (a), inserted after the section heading, redesignated
as subsection (a), and amended—
(A) by striking ‘‘CONTINGENCY CONTRACTING MATTERS
COVERED.—(1)’’ and inserting ‘‘IN GENERAL.—’’;
(B) by redesignating paragraph (2) as subsection (b)
and inserting ‘‘INTERAGENCY PLANS.—’’ in that subsection
before ‘‘To the extent’’;
(C) by striking ‘‘subsection (a)’’ both places it appears
and inserting ‘‘section 3151 of this title’’; and
(D) in subsection (a), as so redesignated—
(i) by redesignating subparagraphs (A) through (F)
as paragraphs (1) through (6), respectively; and
(ii) by redesignating clauses (i) through (iv) of paragraph (4) (as so redesignated) as subparagraphs (A)
through (D), respectively.
(5) SUBSECTION (E).—Subsection (e) (other than paragraph
(3)) of such section 2333 is transferred to section 3155 of such
chapter, as added by subsection (a), inserted after the section
heading, redesignated as subsection (a), and amended—
(A) by striking ‘‘TRAINING FOR PERSONNEL OUTSIDE
ACQUISITION WORKFORCE.—(1)’’ and inserting ‘‘REQUIRED
TRAINING.—’’;
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3151 of this title’’; and
(C) by redesignating paragraph (2) as subsection (b)
and in that subsection—
(i) by striking ‘‘Training under paragraph (1)’’ and
inserting ‘‘SCOPE OF TRAINING.—Training under subsection (a)’’; and
(ii) by striking ‘‘referred to in that paragraph’’
and all that follows and inserting ‘‘referred to in that
subsection—
‘‘(1) understand the scope and scale of contractor support
they will experience in contingency operations; and
‘‘(2) are prepared for their roles and responsibilities with
regard to—
‘‘(A) requirements definition;

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134 STAT. 4164

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(B) program management (including contractor oversight); and
‘‘(C) contingency contracting.’’.
(6) SUBSECTION (E)(3).—Paragraph (3) of such subsection
(e) is transferred to such chapter, inserted after the heading
for section 3156, and amended—
(A) by striking the paragraph designation; and
(B) by inserting ‘‘required by section 3151 of this title’’
after ‘‘The joint policy’’.
(7) SUBSECTION (F).—Paragraphs (6), (5), (2), and (1) of
subsection (f) of such section are transferred (in that order)
to section 3157 of such chapter, inserted at the end, and redesignated as paragraphs (1) through (4), respectively.
(c) CROSS REFERENCE AMENDMENT.—Paragraph (4)(B) of subsection (a) of section 3154 of title 10, United States Code, as
transferred and redesignated by subsection (b)(3), is amended by
striking ‘‘section 2304’’ and inserting ‘‘sections 3201 through 3205’’.
(d) ADDITIONAL PROVISIONS RELATING TO OPERATIONAL CONTRACT SUPPORT.—Chapter 209 of title 10, United States Code, is
amended by adding at the end the following new subchapter:
‘‘SUBCHAPTER II—OTHER PROVISIONS RELATING TO
OPERATIONAL CONTRACT SUPPORT

10 USC 3171
prec.

‘‘Sec.
‘‘3171. Contracts for property or services in support of a contingency operation: competition and review.
‘‘3172. Operational contract support: chain of authority and responsibility within Department of Defense.
10 USC 3171.

‘‘§ 3171. Contracts for property or services in support of a
contingency operation: competition and review
‘‘øReserved¿.

10 USC 3172.

‘‘§ 3172. Operational contract support: chain of authority and
responsibility within Department of Defense
‘‘øReserved¿.’’.

Subtitle B—Acquisition Planning
SEC. 1811. PLANNING AND SOLICITATION GENERALLY.

10 USC 101 prec.,
3001 prec.

(a) TABLES OF CHAPTERS AMENDMENT.—The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of Public Law 115–232),
of title 10, United States Code, are amended by striking the items
relating to chapters 221 and 223 and inserting the following:

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‘‘221.
‘‘222.
‘‘223.
‘‘225.

10 USC 3201
prec., 3251
prec.

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Planning and Solicitation Generally .........................................................
Independent Cost Estimation and Cost Analysis ....................................
Other Provisions Relating to Planning and Solicitation Generally ........
Planning and Solicitation Relating to Particular Items or Services ......

3201
3221
3241
3271’’.

(b) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapters 221 and 223 and inserting
the following:

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‘‘CHAPTER 221—PLANNING AND SOLICITATION
GENERALLY

10 USC 3201
prec.

‘‘Sec.
‘‘3201. Full and open competition.
‘‘3202. øReserved¿.
‘‘3203. Exclusion of particular source or restriction of solicitation to small business
concerns.
‘‘3204. Use of procedures other than competitive procedures.
‘‘3205. Simplified procedures for small purchases.
‘‘3206. Planning and solicitation requirements.
‘‘3207. Assessment before contract for acquisition of supplies is entered into.
‘‘3208. Planning for future competition in contracts for major systems.’’.

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(c) SECTION 2304 (PARTIAL).—
(1) SECTION HEADING.—Chapter 221 of title 10, United
States Code, as amended by subsection (b), is amended by
adding after the table of sections the following new section:
‘‘§ 3201. Full and open competition’’.
(2) TRANSFER OF SUBSECTION (A) OF SECTION 2304.—Subsection (a) of section 2304 of title 10, United States Code,
is transferred to section 3201 of such title, as added by paragraph (1), inserted after the section heading, and amended—
(A) by redesignating paragraph (2) as subsection (b);
(B) by striking ‘‘(1) Except as provided in subsections
(b), (c), and (g),’’ and inserting ‘‘IN GENERAL.—Except as
provided in sections 3203, 3204(a), and 3205 of this title,’’;
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in paragraph (1), as so redesignated, by striking
‘‘this chapter’’ and inserting ‘‘this section and sections 3069,
3203, 3204, 3205, 3403, 3405, 3406, 3901 4501, and 4502
of this title’’; and
(E) in subsection (b), as redesignated by subparagraph
(A)—
(i) by inserting ‘‘DETERMINATION OF APPROPRIATE
COMPETITIVE PROCEDURES.—’’ before ‘‘In determining’’;
(ii) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively;
(iii) in paragraph (1), as so redesignated, by
redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; and
(iv) in paragraph (2), as so redesignated, by
striking ‘‘clause (A)’’ and inserting ‘‘paragraph (1)’’.
(3) TRANSFER OF SUBSECTION (J) OF SECTION 2304.—Subsection (j) of such section 2304 is transferred to such section
3201, inserted after subsection (b), as transferred and redesignated by paragraph (2), redesignated as subsection (c), and
amended by inserting ‘‘EFFICIENT FULFILLMENT OF GOVERNMENT REQUIREMENTS.—’’ before ‘‘The Federal’’.
(4) TRANSFER OF SUBSECTION (H) OF SECTION 2304.—Subsection (h) of such section 2304 is transferred to such section
3201, inserted after subsection (c), as transferred and redesignated by paragraph (3), redesignated as subsection (d), and
amended by inserting ‘‘CERTAIN PURCHASES OR CONTRACTS TO
BE TREATED AS IF MADE WITH SEALED-BID PROCEDURES.—
’’ before ‘‘For the purposes’’.
(5) TRANSFER OF SUBSECTION (K) OF SECTION 2304.—Subsection (k) of such section 2304 is transferred to such section

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3201, inserted after subsection (d), as transferred and redesignated by paragraph (4), redesignated as subsection (e), and
amended—
(A) by striking the subsection designation and all that
follows through ‘‘section 2303(a)’’ in paragraph (1) and
inserting the following:
‘‘(e) NEW CONTRACTS AND MERIT-BASED SELECTION PROCEDURES.—
‘‘(1) CONGRESSIONAL POLICY.—It is the policy of Congress
that an agency named in section 3063’’;
(B) by moving paragraphs (2), (3), and (4) two ems
to the right;
(C) by switching paragraphs (2) and (3) and redesignating them accordingly;
(D) in paragraph (2), as so redesignated by subparagraph (C), by inserting ‘‘NEW CONTRACT DESCRIBED.—’’
before ‘‘For purposes of’’;
(E) in paragraph (3), as so redesignated by subparagraph (C), by inserting ‘‘PROVISION OF LAW DESCRIBED.—
’’ before ‘‘A provision of’’; and
(F) in paragraph (4)—
(i) by inserting ‘‘EXCEPTION.—’’ before ‘‘This subsection’’; and
(ii) by striking ‘‘section 2303(a)’’ and inserting ‘‘section 3063’’.
(d) SECTION 2304 (PARTIAL).—
(1) SECTION HEADINGS.—Chapter 221 of title 10, United
States Code, as amended by subsection (b), is amended by
adding after section 3201, as added by subsection (c), the following new sections:

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10 USC 3203.

‘‘§ 3203. Exclusion of particular source or restriction of solicitation to small business concerns

10 USC 3204.

‘‘§ 3204. Use of procedures other than competitive procedures

10 USC 3205.

‘‘§ 3205. Simplified procedures for small purchases’’.
(2) TRANSFER OF SUBSECTION (B) OF SECTION 2304.—Subsection (b) of section 2304 of title 10, United States Code,
is transferred to section 3203 of such title, as added by paragraph (1), inserted after the section heading, redesignated as
subsection (a), and amended—
(A) by striking the subsection designation and all that
follows through ‘‘may provide for’’ the first place it appears
and inserting the following:
‘‘(a) EXCLUSION OF PARTICULAR SOURCE.—
‘‘(1) CRITERIA FOR EXCLUSION.—The head of an agency may
provide for’’;
(B) by striking ‘‘covered by this chapter’’ in the matter
preceding subparagraph (A) and inserting ‘‘covered by
chapter 137 legacy provisions’’;
(C) by indenting subparagraphs (A) through (F) of paragraph (1) four ems from the left margin;
(D) by redesignating paragraph (2) as subsection (b)
and in that subsection—
(i) inserting ‘‘EXCLUSION OF OTHER THAN SMALL
BUSINESS CONCERNS.—’’ before ‘‘The head of’’; and

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134 STAT. 4167

(ii) striking ‘‘this section’’ and inserting ‘‘chapter
137 legacy provisions’’;
(E) by redesignating paragraph (3) as subsection (c)
and in that subsection—
(i) inserting ‘‘INAPPLICABILITY OF JUSTIFICATION
AND APPROVAL REQUIREMENTS.—’’ before ‘‘A contract’’;
and
(ii) striking ‘‘subsection (f)(1)’’ and inserting ‘‘section 3204(e)(1) of this title’’; and
(F) by transferring paragraph (4) to the end of subsection (a), as so redesignated, redesignating such paragraph as paragraph (2), indenting such paragraph two
ems from the left margin, and inserting ‘‘DETERMINATION
FOR CLASS DISALLOWED.—’’ before ‘‘A determination’’.
(3) TRANSFER OF SUBSECTION (C) OF SECTION 2304.—Subsection (c) of section 2304 of title 10, United States Code,
is transferred to section 3204 of such title, as added by paragraph (1), inserted after the section heading, redesignated as
subsection (a), and amended—
(A) by inserting ‘‘WHEN PROCEDURES OTHER THAN
COMPETITIVE PROCEDURES MAY BE USED.—’’ before ‘‘The
head of an agency may use’’;
(B) in paragraph (3)—
(i) by striking ‘‘in order (A) to maintain’’ and
inserting ‘‘in order—
‘‘(A) to maintain’’;
(ii) by striking ‘‘industrial mobilization, (B) to
establish’’ and inserting ‘‘industrial mobilization—
‘‘(B) to establish’’;
(iv) by striking ‘‘development center, or (C) to procure’’ and inserting ‘‘development center—
‘‘(C) to procure’’;
(C) in paragraph (5), by striking ‘‘subsection (k)’’ and
inserting ‘‘section 3201(e) of this title’’; and
(D) in paragraph (7), by inserting ‘‘(who may not delegate the authority under this paragraph)’’ after ‘‘the head
of the agency’’.
(4) TRANSFER OF SUBSECTION (D) OF SECTION 2304.—Subsection (d) of section 2304 of title 10, United States Code,
is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (a), as transferred and
redesignated by paragraph (3), redesignated as subsection (b),
and amended—
(A) by striking ‘‘(1) For the purposes’’ and inserting
‘‘PROPERTY OR SERVICES CONSIDERED TO BE AVAILABLE
FROM ONLY ONE SOURCE.—For the purposes’’;
(B) by striking ‘‘subsection (c)(1)’’ and inserting ‘‘subsection (a)(1)’’;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as subsection (c)
and in that subsection—
(i) by striking ‘‘(A) The contract period’’ and
inserting ‘‘PROPERTY OR SERVICES NEEDED WITH
UNUSUAL AND COMPELLING URGENCY.—
‘‘(1) ALLOWABLE CONTRACT PERIOD.—The contract period’’;
(ii) by redesignating subparagraph (B) as paragraph (2), indenting that paragraph two ems from the

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PUBLIC LAW 116–283—JAN. 1, 2021
left margin, and striking ‘‘this paragraph’’ and
inserting ‘‘APPLICABILITY OF ALLOWABLE CONTRACT
PERIOD.—This subsection’’; and
(iii) in paragraph (1), as designated by clause (i)—
(I) by striking ‘‘subparagraph (B)’’ and ‘‘subsection (c)(2)’’ and inserting ‘‘paragraph (2)’’ and
‘‘subsection (a)(2)’’, respectively; and
(II) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, redesignating subclauses (I) and (II) of such subparagraph
(A) as clauses (i) and (ii), respectively, and moving
such subparagraphs two ems to the right.
(5) TRANSFER OF SUBSECTION (E) OF SECTION 2304.—Subsection (e) of section 2304 of title 10, United States Code,
is transferred to section 3204 of such title, as added by subparagraph (A), inserted after subsection (c), as transferred and
redesignated by subparagraph (D), redesignated as subsection
(d), and amended—
(A) by inserting ‘‘OFFER REQUESTS TO POTENTIAL
SOURCES.—The head of’’; and
(B) by striking ‘‘subsection (c)(2) or (c)(6)’’ and inserting
‘‘paragraph (2) or (6) of subsection (a)’’.
(6) TRANSFER OF SUBSECTION (F) OF SECTION 2304.—Subsection (f) of section 2304 of title 10, United States Code,
is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (d), as transferred and
redesignated by paragraph (5), redesignated as subsection (e),
and amended—
(A) by striking ‘‘(1) Except as provided in paragraph
(2) and paragraph (6)’’ and inserting ‘‘JUSTIFICATION FOR
USE OF PROCEDURES OTHER THAN COMPETITIVE PROCEDURES.—’’
‘‘(1) PREREQUISITES FOR AWARDING CONTRACT.—Except as
provided in paragraphs (3), (4), and (7),’’;
(B) by moving subparagraphs (A), (B), and (C) of paragraph (1) two ems to the right;
(C) by switching paragraphs (2) and (3) and redesignating those paragraphs accordingly;
(D) in paragraph (2), as so redesignated, by inserting
‘‘ELEMENTS OF JUSTIFICATION.—’’ before ‘‘The justification’’;
(E) in paragraph (3), as so redesignated—
(i) by inserting ‘‘JUSTIFICATION AND APPROVAL
ALLOWED AFTER CONTRACT AWARDED.—’’ before ‘‘In the
case of’’; and
(ii) by striking ‘‘subsection (c)(2)’’ in the first sentence and inserting ‘‘subsection (a)(2)’’;
(F) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(G) by designating the second sentence of paragraph
(3), as redesignated by subparagraph (C), as paragraph
(4) and in that paragraph—
(i) by inserting ‘‘JUSTIFICATION AND APPROVAL NOT
REQUIRED.—’’ before ‘‘The justification and approval’’;
(ii) in subparagraph (C), by striking ‘‘subsection
(c)(7)’’ and inserting ‘‘subsection (a)(7)’’; and
(iii) in subparagraph (E), by striking ‘‘subsection
(c)(4)’’ and inserting ‘‘subsection (a)(4)’’;

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(H) in paragraph (5), as redesignated by subparagraph
(F)—
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and moving those
clauses two ems to the right;
(ii) by striking ‘‘In no case’’ and inserting ‘‘RESTRICTIONS ON AGENCIES.—
‘‘(A) In no case’’;
(iii) in subparagraph (A)(ii), as so redesignated,
by striking ‘‘this chapter’’ and inserting ‘‘chapter 137
legacy provisions’’; and
(iv) by designating the sentence beginning ‘‘The
restriction contained’’ as subparagraph (B) and by
striking ‘‘clause (B)’’ in that sentence and inserting
‘‘subparagraph (A)(ii)’’;
(I) in paragraph (6), as redesignated by subparagraph
(F), by striking ‘‘(A) The authority’’ and inserting ‘‘LIMITATION ON DELEGATIONS OF AUTHORITY UNDER PARAGRAPH
(1)(B).—(A) The authority’’;
(J) in paragraph (7), as redesignated by subparagraph
(F), by inserting ‘‘JUSTIFICATION AND APPROVAL NOT
REQUIRED FOR PHASE III SBIR AWARD.—’’ before ‘‘The justification’’; and
(K) by moving such paragraphs (2) through (7) two
ems to the right.
(7) TRANSFER OF SUBSECTION (L) OF SECTION 2304.—Subsection (l) of section 2304 of title 10, United States Code,
is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (e), as transferred and
redesignated by paragraph (6), redesignated as subsection (f),
and amended—
(A) by striking ‘‘(1)(A) Except as provided in’’ and
inserting ‘‘PUBLIC AVAILABILITY OF JUSTIFICATION AND
APPROVAL REQUIRED FOR USING PROCEDURES OTHER THAN
COMPETITIVE PROCEDURES.—
‘‘(1) TIME REQUIREMENT.—
‘‘(A) WITHIN 14 DAYS AFTER CONTRACT AWARD.—Except
as provided in’’;
(B) in paragraph (1)(A), by striking ‘‘subsection (c)’’
and ‘‘subsection (f)(1)’’ and inserting ‘‘subsection (a)’’ and
‘‘subsection (e)(1)’’, respectively;
(C) by indenting subparagraph (B) of paragraph (1)
four ems from the left margin and in that subparagraph—
(i) by inserting ‘‘WITHIN 30 DAYS AFTER CONTRACT
AWARD.—’’ before ‘‘In the case of’’; and
(ii) by striking ‘‘subsection (c)(2)’’ and inserting
‘‘subsection (a)(2)’’;
(D) by indenting paragraphs (2) and (3) two ems from
the left margin;
(E) in paragraph (2), by inserting ‘‘AVAILABILITY ON
WEBSITES.—’’ before ‘‘The documents’’; and
(F) in paragraph (3), by inserting ‘‘EXCEPTION.—’’
before ‘‘This subsection’’.
(8) TRANSFER OF SUBSECTION (I) OF SECTION 2304.—Subsection (i) of section 2304 of title 10, United States Code,
is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (f), as transferred and

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redesignated by paragraph (7), redesignated as subsection (g),
and amended—
(A) by striking ‘‘(1) The Secretary’’ and inserting
‘‘REGULATIONS WITH RESPECT TO NEGOTIATION OF
PRICES.—’’
‘‘(1) The Secretary’’;
(B) in paragraph (1), by striking ‘‘, as defined in section
2302(2) of this title’’; and
(C) by moving paragraphs (2) and (3) two ems to the
right.
(9) TRANSFER OF SUBSECTION (G) OF SECTION 2304.—Subsection (g) of section 2304 of title 10, United States Code,
is transferred to section 3205 of such title, as added by paragraph (1), inserted after the section heading, redesignated as
subsection (a), and amended—
(A) by striking ‘‘(1) in order to’’ and inserting
‘‘AUTHORIZATION.—In order to’’;
(B) by redesignating paragraphs (2), (3), and (4) as
subsections (b), (c), and (d), respectively;
(C) by redesignating subparagraphs (A) and (B) in
subsection (a) as paragraphs (1) and (2), respectively;
(D) in subsection (b), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘PROHIBITION ON DIVIDING CONTRACTS.—’’ before ‘‘A proposed’’; and
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(E) in subsection (c), as redesignated by subparagraph
(B), by inserting ‘‘PROMOTION OF COMPETITION.—’’ before
‘‘In using’’; and
(F) in subsection (d), as redesignated by subparagraph
(B), by inserting ‘‘COMPLIANCE WITH SPECIAL REQUIREMENTS OF FEDERAL ACQUISITION REGULATION.—’’ before
‘‘The head of’’.
(e) SECTION 2305(A).—
(1) IN GENERAL.—Such chapter is further amended by
adding at the end the following new section:

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10 USC 3206.

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‘‘§ 3206. Planning and solicitation requirements’’.
(2) TRANSFER OF SUBSECTION (A) OF SECTION 2305.—Subsection (a) of section 2305 of title 10, United States Code,
is transferred to section 3206 of such title, as added by paragraph (1), and inserted after the section heading, and paragraphs (2), (3), (4), and (5) thereof are redesignated as subsections (b), (c), (d), and (e), respectively.
(3) REVISIONS TO SUBSECTION (A).—Subsection (a) of such
section 3206, as transferred by paragraph (2), is amended—
(A) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively;
(B) in paragraph (2), as so redesignated—
(i) by inserting ‘‘REQUIREMENTS OF SPECIFICATIONS.—’’ before ‘‘Each solicitation’’;
(ii) by striking ‘‘under this chapter’’ after ‘‘Each
solicitation’’ and inserting ‘‘under chapter 137 legacy
provisions’’;
(iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and

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(iv) in subparagraph (A), as so redesignated, by
striking ‘‘of this chapter’’ and inserting ‘‘of chapter
137 legacy provisions’’;
(C) in paragraph (3), as so redesignated—
(i) by inserting ‘‘TYPES OF SPECIFICATIONS.—’’
before ‘‘For the purposes’’; and
(ii) by redesignating clauses (i), (ii), and (ii) as
subparagraphs (A), (B), and (C), respectively;
(D) by moving such paragraphs (2) and (3) two ems
to the right; and
(E) in paragraph (1)—
(i) by striking ‘‘(1)(A) In preparing for’’ and
inserting ‘‘PLANNING AND SPECIFICATIONS.—
‘‘(1) PREPARING FOR PROCUREMENT.—In preparing for’’;
(ii) by redesignating clauses (i), (ii), and (ii) as
subparagraphs (A), (B), and (C), respectively; and
(iii) by moving such subparagraphs two ems to
the right.
(4) REVISIONS TO SUBSECTION (B).—Subsection (b) of such
section 3206, as redesignated by paragraph (2), is amended—
(A) in the matter preceding subparagraph (A)—
(i) by inserting ‘‘CONTENTS OF SOLICITATION.—’’
before ‘‘In addition to’’; and
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(C) by redesignating clauses (i) and (ii) of paragraphs
(1) and (2) (as so redesignated) as subparagraphs (A) and
(B), respectively; and
(D) in subparagraphs (A) and (B) of such paragraph
(2), as so redesignated, by redesignating subclauses (I)
and (II) as clauses (i) and (ii), respectively.
(5) REVISIONS TO SUBSECTION (C).—Subsection (c) of such
section 3206, as redesignated by paragraph (2), is amended—
(A) by striking ‘‘(A) In prescribing the’’ and inserting
‘‘EVALUATION FACTORS.—
‘‘(1) IN GENERAL.—In prescribing the’’;
(B) by redesignating subparagraphs (B), (C), (D), and
(E) as paragraphs (2), (3), (4), and (5), respectively, and
moving those paragraphs two ems to the right;
(C) in paragraph (1), as designated by subparagraph
(A)—
(i) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and
moving those paragraphs two ems to the right;
(ii) by redesignating subclauses (I), (II), and (III)
of subparagraph (C) (as so redesignated) as clauses
(i), (ii), and (iii), respectively; and
(iii) by striking ‘‘subparagraph (C)’’ both places
it appears and inserting ‘‘paragraph (3)’’;
(D) in paragraph (2), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘RESTRICTION ON IMPLEMENTING
REGULATIONS.—’’
before ‘‘The regulations implementing’’; and

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(ii) by striking ‘‘clause (iii) of subparagraph (A)’’
and inserting ‘‘paragraph (1)(C)’’;
(E) in paragraph (3), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘EXCEPTIONS FOR CERTAIN MULTIPLE TASK OR DELIVERY ORDER CONTRACTS.—’’ before
‘‘If the head of’’;
(ii) by striking ‘‘section 2304a(d)(1)(B)’’ and
inserting ‘‘section 3403(d)(1)(B)’’;
(iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(iv) in subparagraph (A), as so redesignated, by
striking ‘‘clause (ii) of subparagraph (A)’’ and inserting
‘‘paragraph (1)(B)’’ and
(v) in subparagraph (B), as so redesignated—
(I) by striking ‘‘clause (i)’’ in the matter preceding subclause (I) and inserting ‘‘subparagraph
(A)’’;
(II) by redesignating subclauses (I) and (II)
as clauses (i) and (ii), respectively;
(III) in clause (i), as so redesignated, by
striking ‘‘clause (iii) of subparagraph (A)’’ and
inserting ‘‘paragraph (1)(C)’’; and
(IV) in clause (ii), as so redesignated, by
striking ‘‘section 2304c(b)’’ and inserting ‘‘section
3406(c)’’;
(F) in paragraph (4), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘DEFINITION.—’’ before ‘‘In subparagraph’’;
(ii) by striking ‘‘subparagraph (C)’’ and inserting
‘‘paragraph (3)’’; and
(iii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively; and
(G) in paragraph (5), as redesignated by subparagraph
(B), by striking ‘‘Subparagraph (C)’’ and inserting ‘‘EXCLUSION OF APPLICABILITY TO CERTAIN CONTRACTS.—Paragraph
(3)’’.
(6) REVISIONS TO SUBSECTION (D).—Subsection (d) of such
section 3206, as redesignated by paragraph (2), is amended—
(A) by inserting ‘‘ADDITIONAL INFORMATION IN SOLICITATION.—’’ before ‘‘Nothing in’’;
(B) by striking ‘‘this subsection’’ and inserting ‘‘this
section’’; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(7) REVISION TO SUBSECTION (E).—Subsection (e) of such
section 3206, as redesignated by paragraph (2), is amended
by inserting ‘‘LIMITATION ON EVALUATION OF PURCHASE
OPTIONS.—’’ before ‘‘The head of’’.
(f) SECTION 2305(C).—
(1) SECTION HEADING.—Such chapter is further amended
by adding at the end the following new section:

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‘‘§ 3207. Assessment before contract for acquisition of supplies is entered into’’.
(2) TRANSFER OF SUBSECTION (C) OF SECTION 2305.—Subsection (c) of section 2305 of title 10, United States Code,
is transferred to section 3207 of such title, as added by paragraph (1), inserted after the section heading, and amended
by striking the subsection designation.
(g) SECTION 2305(D).—
(1) SECTION HEADING.—Such chapter is further amended
by adding at the end the following new section:

10 USC 3207.

‘‘§ 3208. Planning for future competition in contracts for
major systems’’.
(2) TRANSFER OF SUBSECTION (D) OF SECTION 2305.—Subsection (d) of section 2305 of title 10, United States Code,
is transferred to section 3208 of such title, as added by paragraph (1), inserted after the section heading, and redesignated
as subsection (a), and paragraphs (2), (3), and (4) thereof are
redesignated as subsections (b), (c), and (d), respectively.
(3) REVISIONS TO SUBSECTION (A).—Subsection (a) of such
section 3208, as transferred and redesignated by paragraph
(2), is amended—
(A) by striking ‘‘(1)(A) The Secretary’’ and inserting
‘‘DEVELOPMENT CONTRACT.—
‘‘(1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.—
The Secretary’’;
(B) by striking ‘‘subparagraph (B)’’ in the first sentence
and inserting ‘‘paragraph (2)’’;
(C) by redesignating subparagraph (B) as paragraph
(2) and clauses (i) and (ii) thereof as subparagraphs (A)
and (B), respectively; and
(D) in paragraph (2), as so redesignated—
(i) by inserting ‘‘CONTENTS OF PROPOSALS.—’’ before
‘‘Proposals referred to’’; and
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’.
(4) REVISIONS TO SUBSECTION (B).—Subsection (b) of such
section 3208, as redesignated by paragraph (2), is amended—
(A) by striking ‘‘(A) The Secretary’’ and inserting
‘‘PRODUCTION CONTRACT.—
‘‘(1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.—
The Secretary’’;
(B) by striking ‘‘subparagraph (B)’’ in the first sentence
and inserting ‘‘paragraph (2)’’;
(C) by redesignating subparagraph (B) as paragraph
(2) and clauses (i) and (ii) thereof as subparagraphs (A)
and (B), respectively; and
(D) in paragraph (2), as so redesignated—
(i) by inserting ‘‘CONTENTS OF PROPOSALS.—’’ before
‘‘Proposals referred to’’; and
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’.
(5) REVISIONS TO SUBSECTION (C).—Subsection (c) of such
section 3208, as redesignated by paragraph (2), is amended—
(A) by inserting ‘‘CONSIDERATION OF FACTORS AS
OBJECTIVES IN NEGOTIATIONS.—’’ before ‘‘If the head of’’;
and

10 USC 3208.

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(B) by striking ‘‘paragraphs (1) and (2)’’ and inserting
‘‘subsections (a) and (b)’’.
(6) REVISIONS TO SUBSECTION (D).—Subsection (d) of such
section 3208, as redesignated by paragraph (2), is amended—
(A) by striking ‘‘(A) Whenever the head of’’ and
inserting ‘‘ITEMS DEVELOPED EXCLUSIVELY AT PRIVATE
EXPENSE.—
‘‘(1) LIMITATION.—Whenever the head of’’;
(B) by redesignating subparagraph (B) as paragraph
(2), inserting ‘‘EVALUATION.—’’ before ‘‘In considering’’, and
indenting that paragraph two ems from the left margin;
(C) by redesignating clauses (i) and (ii) of paragraph
(1) as subparagraphs (A) and (B), respectively, and
indenting those subparagraphs four ems from the left
margin; and
(D) by striking ‘‘paragraph (1)(B) or (2)(B)’’ both places
it appears and inserting ‘‘subsection (a)(2) or (b)(2)’’.

SEC. 1812. INDEPENDENT COST ESTIMATION AND COST ANALYSIS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 221, as added by the
preceding section, the following new chapter:
10 USC 3221
prec.

‘‘CHAPTER 222—INDEPENDENT COST ESTIMATION AND
COST ANALYSIS
‘‘3221. Director of Cost Assessment and Program Evaluation.
‘‘3222. Independent cost estimate required before approval.
‘‘3223. Director: review of cost estimates, cost analyses, and records of the military
departments and Defense Agencies.
‘‘3224. Director: participation, concurrence, and approval in cost estimation.
‘‘3225. Discussion of risk in cost estimates.
‘‘3226. Estimates for program baseline and analyses and targets for contract negotiation purposes.
‘‘3227. Guidelines and collection method for acquisition of cost data.

10 USC 3221.
10 USC 3222.
10 USC 3223.

10 USC 3224.
10 USC 3225.
10 USC 3226.

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10 USC 3227.

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‘‘§ 3221. Director of Cost Assessment and Program Evaluation
‘‘§ 3222. Independent cost estimate required before approval
‘‘§ 3223. Director: review of cost estimates, cost analyses, and
records of the military departments and Defense
Agencies
‘‘§ 3224. Director: participation, concurrence, and approval
in cost estimation
‘‘§ 3225. Discussion of risk in cost estimates
‘‘§ 3226. Estimates for program baseline and analyses and
targets for contract negotiation purposes
‘‘§ 3227. Guidelines and collection method for acquisition of
cost data’’.
(b) TRANSFER OF SUBSECTIONS (A) AND (H) OF SECTION 2334
TO SECTION 3221.—
(1) TRANSFER OF SUBSECTION (A) OF SECTION 2334.—Subsection (a) of section 2334 of title 10, United States Code,
is transferred to section 3221 of such title, as added by subsection (a), inserted after the section heading, and amended
by designating the second sentence as subsection (b).

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134 STAT. 4175

(2) REVISIONS TO NEW SUBSECTION (B).—Subsection (b) of
such section 3221, as designated by paragraph (1), is amended—
(A) by striking ‘‘In carrying out that responsibility,’’
and inserting ‘‘FUNCTIONS.—In carrying out the responsibility of the Director under subsection (a),’’;
(B) in paragraph (2)—
(i) by striking ‘‘provide guidance’’ and all that follows through ‘‘Defense Agencies’’; and
(ii) by striking ‘‘of this title;’’ and inserting ‘‘of
this title, provide guidance to and consult with—
‘‘(A) the Secretary of Defense;
‘‘(B) the Under Secretary of Defense for Acquisition
and Sustainment;
‘‘(C) the Under Secretary of Defense (Comptroller);
‘‘(D) the Secretaries of the military departments; and
‘‘(E) the heads of the Defense Agencies;’’;
(C) in paragraph (6)(A)—
(i) in clause (i), by striking ‘‘section 2366a or
2366b’’ and inserting ‘‘section 4251 or 4252’’; and
(ii) in clause (iii), by striking ‘‘section 2433a’’ and
inserting ‘‘section 4376’’; and
(D) in paragraph (8), by striking ‘‘section 2432(c)(1)’’
and inserting ‘‘section 4353(a)’’.
(3) TRANSFER OF SUBSECTION (H) OF SECTION 2334.—Subsection (h) of section 2334 of title 10, United States Code,
is transferred to such section 3221, inserted after subsection
(b), as designated by paragraph (2), and redesignated as subsection (c).
(c) TRANSFER OF SUBSECTION (B) OF SECTION 2334.—
(1) TRANSFER.—Subsection (b) of section 2334 of title 10,
United States Code, is transferred to section 3222 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsection (a).
(2) REVISIONS.—Such section 3222 is amended—
(A) by striking ‘‘INDEPENDENT COST ESTIMATE
REQUIRED BEFORE APPROVAL.—(1) A milestone’’ and
inserting ‘‘REQUIREMENT.— A milestone’’;
(B) by redesignating paragraph (2) as subsection (b);
(C) in subsection (b), as so redesignated—
(i) by inserting ‘‘REGULATIONS.—’’ before ‘‘The regulations’’; and
(ii) by striking ‘‘subsection (a)’’ and inserting ‘‘section 3221 of this title’’; and
(D) in subsections (a) and (b), as so redesignated, by
redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
(d) TRANSFER OF SUBSECTION (C) OF SECTION 2334.—Subsection
(c) of section 2334 of title 10, United States Code, is transferred
to section 3223 of such title, as added by subsection (a), inserted
after the section heading, and amended by striking the subsection
designation and subsection heading.
(e) TRANSFER OF SUBSECTION (D) OF SECTION 2334.—
(1) TRANSFER.—Subsection (d) of section 2334 of title 10,
United States Code, is transferred to section 3224 of such
title, as added by subsection (a), and inserted after the section
heading.
(2) REVISIONS.—Such section 3224 is amended—

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134 STAT. 4176

PUBLIC LAW 116–283—JAN. 1, 2021
(A) by striking the subsection designation and subsection heading; and
(B) in paragraph (3), by striking ‘‘subsection (a)(6)’’
and inserting ‘‘section 3221(b)(6) of this title’’.
(f) TRANSFER OF SUBSECTION (E) OF SECTION 2334.—
(1) TRANSFER.—Subsection (e) of section 2334 of title 10,
United States Code, is transferred to section 3225 of such
title, as added by subsection (a), and inserted after the section
heading.
(2) REVISIONS.—Such section 3225 is amended—
(A) by striking the subsection designation and subsection heading;
(B) in paragraph (3)(A), by striking ‘‘subsection (a)(6)’’
and inserting ‘‘section 3221(b)(6) of this title’’; and
(C) in paragraph (3)(B), by striking ‘‘section 2432’’ and
inserting ‘‘sections 4351 through 4358’’.
(g) TRANSFER OF SUBSECTION (F) OF SECTION 2334.—
(1) TRANSFER.—Subsection (f) of section 2334 of title 10,
United States Code, is transferred to section 3226 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsection (a).
(2) REVISIONS.—Such section 3226 is amended—
(A) by striking ‘‘ESTIMATES FOR’’ and all that follows
through ‘‘(1) The policies,’’ and inserting ‘‘COST ESTIMATES
DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED
FOR CONTRACT NEGOTIATIONS OR OBLIGATION OF FUNDS.—
The policies,’’;
(B) in subsection (a), as so redesignated—
(i) by striking ‘‘subsection (a)’’ and inserting ‘‘section 3221 of this title’’; and
(ii) by striking ‘‘subsection (a)(6)’’ and inserting
‘‘subsection (b)(6) of such section’’;
(C) by redesignating paragraph (2) as subsection (b)
and inserting ‘‘COST ESTIMATES DEVELOPED FOR SPECIFIED
PURPOSES NOT TO BE USED FOR CONTRACT NEGOTIATIONS
OR OBLIGATION OF FUNDS.—’’ before ‘‘The Under’’;
(D) by redesignating paragraph (3) as subsection (c)
and in that subsection—
(i) by striking the first three words and inserting
‘‘PROGRAM MANAGER AND CONTRACTING OFFICER.—The
program manager’’; and
(ii) by striking ‘‘paragraph (1)’’ and ‘‘paragraph
(2)’’ and inserting ‘‘subsection (a)’’ and ‘‘subsection (b)’’,
respectively; and
(E) by redesignating paragraph (4) as subsection (d)
and in that subsection—
(i) by striking ‘‘Funds that are’’ and inserting
‘‘AVAILABILITY OF EXCESS FUNDS.—’’
‘‘(1) Funds that are’’;
(ii) in paragraph (1), as designated by clause (i),
by striking ‘‘subsection (a)(6)’’ and ‘‘paragraph (2)’’ and
inserting ‘‘section 3221(b)(6) of this title’’ and ‘‘subsection (b)’’, respectively;
(iii) by redesignating paragraph (5) as paragraph
(2) and moving that paragraph two ems to the right;
and
(iv) in paragraph (2), as so redesignated—

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134 STAT. 4177

(I) in the matter preceding subparagraph (A),
by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (1)’’;
(II) in subparagraph (A)(i), by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’; and
(III) in subparagraph (A)(ii), by striking ‘‘section 2308’’ and inserting ‘‘section 3069’’.
(h) TRANSFER OF SUBSECTION (G) OF SECTION 2334.—
(1) TRANSFER.—Subsection (g) of section 2334 of title 10,
United States Code, is transferred to section 3227 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsection (a).
(2) REVISIONS.—Section 3227, as amended by paragraph
(1), is further amended—
(A) by striking ‘‘Guidelines and’’ and all that follows
through ‘‘(1) The Director of’’ and inserting ‘‘DIRECTOR OF
CAPE TO DEVELOP GUIDELINES AND COLLECTION METHOD.—
The Director of’’;
(B) by redesignating paragraph (2) as subsection (b)
and in that subsection—
(i) by inserting ‘‘APPLICABILITY TO ACQUISITION
PROGRAMS IN AMOUNT GREATER THAN SPECIFIED
THRESHOLD.—’’ before ‘‘The program manager’’; and
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and
(C) by redesignating paragraph (3) as subsection (c)
and in that subsection—
(i) by inserting ‘‘LIMITATION ON WAIVER
AUTHORITY.—’’ before ‘‘The requirement’’; and
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’.
SEC. 1813. OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 222, as added by the
preceding section, the following new chapter:
‘‘CHAPTER 223—OTHER PROVISIONS RELATING TO
PLANNING AND SOLICITATION GENERALLY

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‘‘Sec.
‘‘3241.
‘‘3242.
‘‘3243.
‘‘3244.
‘‘3245.
‘‘3246.
‘‘3247.
‘‘3248.
‘‘3249.
‘‘3250.
‘‘3251.
‘‘3252.

10 USC 3241
prec.

Design-build selection procedures.
Supplies: economic order quantities.
Encouragement of new competitors: qualification requirement.
øReserved¿.
øReserved¿.
øReserved¿.
Contracts: regulations for bids.
Matters relating to reverse auctions.
Advocates for competition.
øReserved¿.
øReserved¿.
Requirements for information relating to supply chain risk.’’.

(b) TRANSFER OF SECTION 2305A OF TITLE 10.—Section 2305a
of title 10, United States Code, is transferred to chapter 223 of
such title, as added by subsection (a), inserted after the table
of sections at the beginning, redesignated as section 3241, and
amended as follows:

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134 STAT. 4178

PUBLIC LAW 116–283—JAN. 1, 2021
(1) SUBSECTION (B).—Subsection (b) is amended—
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and moving
those subparagraphs two ems to the right; and
(B) in the matter preceding subparagraph (A), as so
redesignated—
(i) by striking ‘‘or work when the contracting
officer’’ and inserting ‘‘or work when—
‘‘(1) the contracting officer’’;
(ii) by striking ‘‘such contract, design work’’ and
inserting ‘‘such contract;
‘‘(2) design work’’;
(iii) by striking ‘‘such contract, the offeror’’ and
inserting ‘‘such contract;
‘‘(3) the offeror’’; and
(iv) by striking ‘‘the offer, and the contracting
officer’’ and inserting ‘‘the offer; and
‘‘(4) the contracting officer’’.
(2) SUBSECTION (C).—Subsection (c) is amended—
(A) in paragraph (1), by inserting ‘‘DEVELOPMENT OF
SCOPE OF WORK STATEMENT.—’’ before ‘‘The agency
develops’’;
(B) in paragraph (2), by inserting ‘‘SOLICITATION OF
PHASE-ONE PROPOSALS.—’’ before ‘‘The contracting officer’’;
(C) in paragraph (3)—
(i) by striking ‘‘The evaluation factors’’ and
inserting ‘‘EVALUATION FACTORS.—’’
‘‘(A) EVALUATION FACTORS TO BE USED.—The evaluation
factors’’;
(ii) by designating the second and third sentences
as subparagraphs (B) and (C), respectively;
(iii) in subparagraph (A), as designated by clause
(i)—
(I) by striking ‘‘and include specialized experience’’ and inserting ‘‘and include—
‘‘(i) specialized experience’’;
(II) by striking ‘‘technical competence, capability’’ and inserting ‘‘technical competence;
‘‘(ii) capability’’;
(III) by striking ‘‘to perform, past performance’’
and inserting ‘‘to perform;
‘‘(iii) past performance’’; and
(IV) by striking ‘‘the team) and other appropriate’’ and inserting ‘‘the team); and
‘‘(iv) other appropriate’’;
(iv) in subparagraph (B), as designated by clause (ii),
by inserting ‘‘RELATIVE IMPORTANCE OF EVALUATION FACTORS AND SUBFACTORS.—’’ before ‘‘Each solicitation’’;
(v) in subparagraph (C), as designated by clause (ii),
by inserting ‘‘EVALUATION OF PROPOSALS.—’’ before ‘‘The
agency’’;
(D) in paragraph (4)—
(i) by striking ‘‘The contracting officer’’ and
inserting ‘‘SELECTION BY CONTRACTING OFFICER.—’’
‘‘(A) NUMBER OF OFFERORS SELECTED AND WHAT IS
TO BE EVALUATED.—The contracting officer’’;

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(ii) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively;
(iii) in clause (ii), as so redesignated, by striking
‘‘paragraphs (2), (3), and (4) of section 2305(a)’’ and
inserting ‘‘subsections (b), (c), and (d) of section 3206’’;
(iv) by designating the last sentence in that paragraph as subparagraph (B) and indenting that subparagraph two ems from the left margin; and
(v) in subparagraph (B), as redesignated by clause
(iv), by striking ‘‘subparagraphs (A) and (B)’’ and
inserting ‘‘clauses (i) and (ii) of subparagraph (A)’’;
and
(E) in paragraph (5)—
(i) by inserting ‘‘AWARDING OF CONTRACT.—’’ before
‘‘The agency’’; and
(ii) by striking ‘‘section 2305(b)(4)’’ and inserting
‘‘section 3303’’.
(c) TRANSFER OF SECTION 2384A OF TITLE 10.—Section 2384a
of such title is transferred to chapter 223 of such title, inserted
after section 3241, as transferred and redesignated by subsection
(b), redesignated as section 3242, and amended as follows:
(1) SUBSECTION (A).—Subsection (a) is amended—
(A) by striking ‘‘(1) An agency’’ and inserting
‘‘QUANTITY TO PROCURE.—’’
‘‘(1) An agency’’;
(B) by striking ‘‘section 2303(a)’’ and inserting ‘‘section
3063’’;
(C) by striking ‘‘quantity as (A) will result in’’ and
inserting ‘‘quantity as—
‘‘(A) will result in’’;
(D) by striking ‘‘where practicable, and (B) does not’’
‘‘where practicable; and
‘‘(B) does not’’; and
(E) by indenting paragraph (2) two ems from the left
margin.
(2) SUBSECTION (B).—Subsection (b) is amended by inserting
‘‘OPINION OF OFFEROR WITH RESPECT TO QUANTITY TO BE PROCURED.—’’ before ‘‘Each solicitation for’’.
(d) TRANSFER OF SECTION 2319 OF TITLE 10.—Section 2319
of such title is transferred to chapter 223 of such title, inserted
after section 3242, as transferred and redesignated by subsection
(c), redesignated as section 3243, and amended as follows:
(1) SECTION HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 3243. Encouragement of new competitors: qualification
requirement’’.
(2) SUBSECTION (A).—Subsection (a) is amended by inserting
‘‘QUALIFICATION REQUIREMENT DEFINED.—’’ before ‘‘In this section’’.
(3) SUBSECTION (B).—Subsection (b) is amended—
(A) by inserting ‘‘ACTIONS BEFORE ESTABLISHING
QUALIFICATION REQUIREMENT.—’’ before ‘‘Except as provided’’; and
(B) in paragraph (5), by striking ‘‘clause (4)’’ and
inserting ‘‘paragraph (4)’’.
(4) SUBSECTION (C).—Subsection (c) is amended—

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(A) by striking ‘‘(1) Subsection (b) of this section’’ and
inserting ‘‘APPLICABILITY, WAIVER AUTHORITY, AND
REFERRAL OF OFFERS.—
‘‘(1) APPLICABILITY.—Subsection (b)’’;
(B) by indenting paragraphs (2) through (6) two ems
from the left margin;
(C) in paragraph (2)—
(i) by striking ‘‘(A) Except as provided in subparagraph (B),’’ and inserting ‘‘WAIVER AUTHORITY.—
OF
DETERMINATION
OF
‘‘(A)
SUBMISSION
UNREASONABLENESS.—Except as provided in subparagraph
(C),’’;
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by designating the second sentence of subparagraph (A) as subparagraph (B);
(iv) in subparagraph (B), as so designated, by
inserting ‘‘AUTHORITY TO GRANT WAIVER.—’’ before
‘‘After considering’’; and
(v) in subparagraph (C), as redesignated by clause
(ii), by inserting ‘‘INAPPLICABILITY TO QUALIFIED PRODUCTS LIST.—’’ before ‘‘The waiver’’;
(D) in paragraph (3), by inserting ‘‘SUBMISSION AND

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CONSIDERATION OF OFFER NOT TO BE DENIED IN CERTAIN
CASES.—’’ before ‘‘A potential offeror’’;
(E) in paragraph (4), by inserting ‘‘REFERRAL TO SMALL
BUSINESS ADMINISTRATION.—’’ before ‘‘Nothing contained in

this’’;
(F) in paragraph (5), by inserting ‘‘DELAY OF PROCUREMENT NOT REQUIRED.—’’ before ‘‘The head of’’; and
(G) in paragraph (6), by inserting ‘‘REQUIREMENTS
BEFORE ENFORCEMENT OF CERTAIN LISTS.—’’ before ‘‘The
requirements of’’.
(5) SUBSECTION (D).—Subsection (d) is amended—
(A) by striking ‘‘(1) If the number of’’ and inserting
‘‘FEWER THAN 2 ACTUAL MANUFACTURERS.—
‘‘(1) SOLICITATION AND TESTING OF ADDITIONAL SOURCES
OR PRODUCTS.—If the number of’’;
(B) by redesignating paragraph (2) as paragraph (3),
indenting that paragraph two ems from the left margin,
and inserting ‘‘CERTIFICATION REQUIRED.—’’ before ‘‘The
head of’’;
(C) in paragraph (1)(B)—
(i) by inserting ‘‘subject to paragraph (2),’’ before
‘‘bear the cost of’’; and
(ii) by striking ‘‘that requirement, but such costs
may be borne’’ and inserting ‘‘that requirement.’’;
(D) by designating as paragraph (2) the text of paragraph (1)(B), as so amended, that begins ‘‘only if the head
of the agency’’;
(E) in paragraph (2), as designated by subparagraph
(D), by inserting ‘‘CERTIFICATION WHEN AGENCY MAY BEAR
COST.—Costs may be borne under paragraph (1)(B)’’ before
‘‘only if’’; and
(F) by moving subparagraphs (A) and (B) of paragraph
(1) (as amended) two ems to the right.

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(6) SUBSECTION (E).—Subsection (e) is amended by inserting
‘‘EXAMINATION AND REVALIDATION OF QUALIFICATION REQUIREMENT.—’’ before ‘‘Within seven years’’.
(7) SUBSECTION (F).—Subsection (f) is amended by inserting
‘‘RESTRICTION ON ENFORCEMENT.—’’ before ‘‘Except in an’’.
(e) TRANSFER OF SECTION 2381.—Section 2381 of title 10,
United States Code, is transferred to chapter 223 of such title,
as added by this section, inserted after section 3243, as transferred
and redesignated by subsection (d), and redesignated as section
3247.
(f) TRANSFER OF SECTION 2318.—Section 2318 of title 10, United
States Code, is transferred to chapter 223 of such title, as added
by this section, inserted after section 3247, as transferred and
redesignated by subsection (e), redesignated as section 3249, and
amended by striking ‘‘section 2303(a)’’ and inserting ‘‘section 3063’’.
(g) TRANSFER OF SECTION 2339A.—Section 2339a of such title
is transferred to chapter 223 of such title, inserted after section
3249, as added by subsection (f), redesignated as section 3252,
and amended—
(1) in subsection (b)(3)(A), by striking ‘‘section 2304(f)(3)’’
and inserting ‘‘section 3204(e)(2)’’;
(2) in subsection (e)(2)(A), by striking ‘‘section 2319’’ and
inserting ‘‘section 3243’’; and
(3) in subsection (e)(3)—
(A) in subparagraph (A), by striking ‘‘section
2305(a)(1)(C)(ii)’’ and ‘‘section 2305(a)(2)(A)’’ and inserting
‘‘section 3206(a)(3)(B)’’ and ‘‘section 3206(b)(1)’’, respectively; and
(B) in subparagraph (B), by striking ‘‘section
2304c(d)(3)’’ and inserting ‘‘section 3406(d)(3)’’.
(h) PLACEHOLDER FOR CHAPTER FOR PROVISIONS RELATING TO
PLANNING AND SOLICITATIONS RELATING TO PARTICULAR ITEMS OR
SERVICES.—Part V of subtitle A of title 10, United States Code,
as added by section 801 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232), is
amended by inserting after chapter 223, as added by this section,
the following new chapter:
‘‘CHAPTER 225—PLANNING AND SOLICITATION
RELATING TO PARTICULAR ITEMS OR SERVICES

10 USC 3301
prec.

‘‘Sec.
‘‘3271. øReserved¿.’’.

Subtitle C—Contracting Methods and
Contract Types
SEC. 1816. AWARDING OF CONTRACTS.

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(a) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of Public Law 115–232),
of title 10, United States Code, are amended by striking the items
relating to chapters 241 and 243 and inserting the following:
‘‘241.
‘‘242.
‘‘243.
‘‘244.

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Awarding of Contracts .................................................................................
Specific Types of Contracts .........................................................................
Other Matters Relating to Awarding and Types of Contracts .................
Undefinitized Contractual Actions .............................................................

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10 USC 101 prec.,
3001 prec.

3301
3321
3341
3371’’.

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134 STAT. 4182

10 USC 3301
prec., 3351
prec.
10 USC 3301
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(b) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapters 241 and 243 and inserting
the following:
‘‘CHAPTER 241—AWARDING OF CONTRACTS
‘‘Sec.
‘‘3301.
‘‘3302.
‘‘3303.
‘‘3304.
‘‘3305.
‘‘3306.
‘‘3307.
‘‘3308.
‘‘3309.

Basis of award and rejection.
Sealed bids.
Competitive proposals.
Post-award debriefings.
Pre-award debriefings.
Encouragement of alternative dispute resolution.
Antitrust violations.
Protests.
Prohibition on release of contractor proposals.’’.

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(c) TRANSFER OF SUBSECTION (B) OF SECTION 2305.—
(1) TRANSFER.—Subsection (b) of section 2305 of title 10,
United States Code, is transferred to chapter 241 of such title,
as amended by subsection (b), inserted after the table of sections, and amended by striking the subsection designation.
(2) INSERTION OF SECTION HEADINGS.—Such chapter is further amended—
(A) by inserting before paragraph (1) the following:

VerDate Sep 11 2014

10 USC 3301.

‘‘§ 3301. Basis of award and rejection’’;
(B) by inserting before paragraph (3) the following:

10 USC 3302.

‘‘§ 3302. Sealed bids’’;
(C) by inserting before paragraph (4) the following:

10 USC 3303.

‘‘§ 3303. Competitive proposals’’;
(D) by inserting before paragraph (5) the following:

10 USC 3304.

‘‘§ 3304. Post-award debriefings’’;
(E) by inserting before paragraph (6) the following:

10 USC 3305.

‘‘§ 3305. Pre-award debriefings’’;
(F) by inserting before paragraph (8) the following:

10 USC 3306.

‘‘§ 3306. Encouragement of alternative dispute resolution’’;
and
(G) by inserting before paragraph (9) the following:

10 USC 3307.

‘‘§ 3307. Antitrust violations’’.
(3) AMENDMENTS TO NEW 3301.—Section 3301 of such title,
as designated by paragraph (2), is amended—
(A) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively;
(B) in subsection (a), as so redesignated, by inserting
‘‘AWARD.—’’ before ‘‘The head of’’; and
(C) in subsection (b), as so redesignated, by inserting
‘‘REJECTION.—’’ before ‘‘All sealed bids’’.
(4) AMENDMENTS TO NEW 3302.—Section 3302 of such title,
as designated by paragraph (2), is amended—
(A) by redesignating paragraph (3) as subsection (a);
(B) by designating the second and third sentences as
subsections (b) and (c), respectively;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4183

(C) in subsection (a), as so redesignated, by inserting
‘‘OPENING OF BIDS.—’’ before ‘‘Sealed bids shall be’’;
(D) in subsection (b), as so designated—
(i) by inserting ‘‘CRITERIA FOR AWARDING CONTRACT.—’’ before ‘‘The head of the agency’’;
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘section 3301(a) of this title’’; and
(iii) by striking ‘‘paragraph (2)’’ and inserting ‘‘section 3301(b) of this title’’; and
(E) in subsection (c), as so designated, by inserting
‘‘NOTICE OF AWARD.—’’ before ‘‘The award of’’.
(5) AMENDMENTS TO NEW 3303.—Section 3303 of such title,
as designated by paragraph (2), is amended—
(A) by striking the paragraph designation;
(B) redesignating subparagraphs (A), (B), and (C) as
subsections (a), (b), and (c), respectively;
(C) by designating the second sentence of subsection
(c), as so redesignated, as subsection (d);
(D) in subsection (a), as so redesignated—
(i) by inserting ‘‘EVALUATION AND AWARD.—’’ before
‘‘The head of’’;
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘section 3301(a) of this title’’; and
(iii) by redesignating clauses (i) and (ii) as paragraphs (1) and (2), respectively;
(E) in subsection (b), as so redesignated—
(i) by inserting ‘‘LIMIT ON NUMBER OF PROPOSALS.—’’ before ‘‘If the contracting officer’’; and
(ii) by striking ‘‘subparagraph (A)(i)’’ and inserting
‘‘subsection (a)(1)’’;
(F) in subsection (c), as so redesignated—
(i) by inserting ‘‘CRITERIA FOR AWARDING CONTRACT.—’’ before ‘‘Except as provided in’’; and
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘section 3301(b) of this title’’; and
(G) in subsection (d), as so designated—
(i) by inserting ‘‘NOTICE OF AWARD.—’’ before ‘‘The
head of’’; and
(ii) by striking ‘‘This subparagraph’’ and inserting
‘‘This subsection’’.
(6) AMENDMENTS TO NEW 3304.—Section 3304 of such title,
as designated by paragraph (2), is amended—
(A) by striking the paragraph designation;
(B) by redesignating subparagraphs (A), (B), (D), (E),
and (F) as subsections (a), (c), (d), (e), and (f), respectively;
(C) by designating the second sentence of subsection
(a), as so redesignated, as subsection (b);
(D) by redesignating subparagraph (C) as paragraph
(2);
(E) in subsection (a), as so redesignated, by inserting
‘‘REQUEST FOR DEBRIEFING.—’’ before ‘‘When a’’;
(F) in subsection (b), as designated by subparagraph
(C), by inserting ‘‘WHEN DEBRIEFING TO BE CONDUCTED.—
’’ before ‘‘The head of’’;
(G) in subsection (c), as so redesignated by subparagraph (B)—

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134 STAT. 4184

PUBLIC LAW 116–283—JAN. 1, 2021
(i) by inserting ‘‘INFORMATION TO BE PROVIDED.—
(1)’’ before ‘‘The debriefing shall include’’;
(ii) by redesignating clauses (i) through (vii) as
subparagraphs (A) through (G), respectively; and
(iii) in paragraph (2), as redesignated by subparagraph (D), by striking ‘‘subparagraph (B)(vii)’’ and
inserting ‘‘paragraph (1)(G)’’;
(H) in subsection (d), as so redesignated, by inserting
‘‘INFORMATION NOT TO BE INCLUDED.—’’ before ‘‘The
debriefing’’;
(I) in subsection (e), as so redesignated—
(i) by inserting ‘‘INCLUSION OF STATEMENT IN
SOLICITATION.—’’ before ‘‘Each solicitation’’; and
(ii) by striking ‘‘subparagraph (B)’’ and inserting
‘‘subsection (c)’’;
(J) in subsection (f), as so redesignated—
(i) by inserting ‘‘AFTER SUCCESSFUL PROTEST.—
’’ before ‘‘If, within one year’’; and
(ii) by redesignating clauses (i) and (ii) as paragraphs (1) and (2), respectively; and
(K) by adding at the end a new subsection (g) with
the same heading and text as subsection (f) of section
3305 of such title, as amended by paragraph (7)(J).
(7) AMENDMENTS TO NEW 3305.—Section 3305 of such title,
as designated by paragraph (2), is amended—
(A) by striking ‘‘(6)’’;
(B) by redesignating paragraph (7) as subsection (f);
(C) redesignating subparagraphs (A), (B), (C), and (D)
as subsections (a), (c), (d), and (e), respectively;
(D) by designating the second sentence of subsection
(a), as so redesignated, as subsection (b);
(E) in subsection (a), as so redesignated, by inserting
‘‘REQUEST FOR DEBRIEFING.—’’ before ‘‘When the’’;
(F) in subsection (b), as designated by subparagraph
(D), by inserting ‘‘WHEN DEBRIEFING TO BE CONDUCTED.—
’’ before ‘‘The contracting officer’’;
(G) in subsection (c), as so redesignated—
(i) by inserting ‘‘PRECONDITION FOR POST-AWARD
DEBRIEFING.—’’ before ‘‘The contracting officer’’;
(ii) by striking ‘‘paragraph (5)’’ and inserting ‘‘section 3304 of this title’’ ; and
(iii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘subsections (a) and (b)’’;
(H) in subsection (d), as so redesignated—
(i) by inserting ‘‘INFORMATION TO BE PROVIDED.—
’’ before ‘‘The debriefing’’;
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘subsections (a) and (b)’’; and
(iii) by redesignating clauses (i), (ii), and (iii) as
paragraphs (1), (2), and (3), respectively;
(I) in subsection (e), as so redesignated—
(i) by inserting ‘‘INFORMATION NOT TO BE DISCLOSED.—’’ before ‘‘The debriefing’’; and
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘subsections (a) and (b)’’; and
(J) in subsection (f), as redesignated by subparagraph
(B)—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4185

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(i) by inserting ‘‘SUMMARY TO BE INCLUDED IN
FILE.—’’ before ‘‘The contracting officer’’; and
(ii) by striking ‘‘under paragraph (5) or (6)’’ and
inserting ‘‘this section’’.
(8) AMENDMENT TO NEW 3306.—Section 3306 of such title,
as designated by paragraph (2), is amended by striking the
paragraph designation.
(9) AMENDMENT TO NEW 3307.—Section 3307 of such title,
as designated by paragraph (2), is amended by striking the
paragraph designation.
(d) NEW SECTIONS.—Such chapter is further amended by adding
at the end the following new sections:

VerDate Sep 11 2014

‘‘§ 3308. Protests

10 USC 3308.

‘‘§ 3309. Prohibition on release of contractor proposals’’.
(e) TRANSFER OF SUBSECTIONS (E) AND (F) OF SECTION 2305.—
(1) TRANSFER.—Subsections (e) and (f) of section 2305 of
title 10, United States Code, are transferred to section 3308
of such title, as added by subsection (d), inserted after the
section heading, and redesignated as subsections (a) and (b),
respectively.
(2) AMENDMENT TO NEW 3308(A).—Subsection (a) of such
section 3308, as redesignated by paragraph (1), is amended—
(A) by striking ‘‘FILE.—(1) If, in the’’ and inserting
‘‘FILE.—
‘‘(1) ESTABLISHMENT AND ACCESS.—If, in the’’;
(B) in paragraph (2), by inserting ‘‘REDACTED INFORMATION.—’’ before ‘‘Information exempt’’; and
(C) by realigning paragraph (2) 2 ems to the right.
(f) TRANSFER OF SUBSECTION (G) OF SECTION 2305.—
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsection
(g) of section 2305 of title 10, United States Code, is transferred
to section 3309 of such title, as added by subsection (d), inserted
after the section heading, and amended—
(A) by striking the subsection designation and heading;
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (b), (c), and (a), respectively; and
(C) by transferring subsection (a), as so redesignated,
within that section so as to appear before subsection (b),
as so redesignated.
(2) AMENDMENT TO NEW 3309(A).—Subsection (a) of such
section 3309, as redesignated and transferred by paragraph
(1), is amended by striking ‘‘In this subsection,’’ and inserting
‘‘DEFINITION.—In this section,’’.
(3) AMENDMENTS TO NEW 3309(B).—Subsection (b) of such
section 3309, as redesignated by paragraph (1), is amended—
(A) by inserting ‘‘PROHIBITION.—’’ before ‘‘Except as
provided in’’;
(B) by striking ‘‘paragraph (2),’’ and inserting ‘‘subsection (c),’’; and
(C) by striking ‘‘section 2303’’ and inserting ‘‘section
3063’’.
(4) AMENDMENTS TO NEW 3309(C).—Subsection (c) of such
section 3309, as redesignated by paragraph (1), is amended
by striking ‘‘Paragraph (1)’’ and inserting ‘‘INAPPLICABILITY.—
Subsection (b)’’.

10 USC 3309.

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134 STAT. 4186

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1817. SPECIFIC TYPES OF CONTRACTS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 241, as added by the
preceding section, the following new chapter:

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10 USC 3321
prec.

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‘‘CHAPTER 242—SPECIFIC TYPES OF CONTRACTS
‘‘Sec.
‘‘3321. Contracts awarded using procedures other than sealed-bid procedures.
‘‘3322. Cost contracts.
‘‘3323. Cost-plus contracting prohibited for military construction and military family
housing projects.
‘‘3324. Preference for fixed-price contracts.

10 USC 3321.

‘‘§ 3321. Contracts awarded using procedures other than
sealed-bid procedures

10 USC 3322.

‘‘§ 3322. Cost contracts

10 USC 3323.

‘‘§ 3323.

10 USC 3324.

‘‘§ 3324. Preference for fixed-price contracts
‘‘øReserved¿.’’.
(b) TRANSFER OF SUBSECTIONS (A) AND (B) OF SECTION 2306.—
Subsections (a) and (b) of section 2306 of title 10, United States
Code, are transferred to section 3321 of such title, as added by
subsection (a), and inserted after the section heading.
(c) TRANSFER OF FIRST SENTENCE OF SUBSECTION (A).—The
first sentence of such subsection (a) is further transferred to section
3322 of such title, as added by subsection (a), inserted after the
section heading, and designated as subsection (a).
(d) AMENDMENTS TO NEW 3321.—
(1) NEW 3321(A).—Subsection (a) of such section 3321 (as
amended by subsection (c)) is amended—
(A) by inserting ‘‘AUTHORIZED TYPES.—’’ before ‘‘Subject
to’’;
(B) by striking ‘‘the preceding sentence’’ and inserting
‘‘section 3322(a) of this title’’;
(C) by striking ‘‘this section’’ and inserting ‘‘this
chapter’’; and
(D) by striking ‘‘under this chapter’’ and inserting
‘‘under chapter 137 legacy provisions’’.
(2) NEW 3321(B).—Subsection (b) of such section 3321 is
amended—
(A) by striking ‘‘Each contract awarded’’ and inserting
‘‘REQUIRED WARRANTY.—
‘‘(1) CONTENT.—Each contract awarded’’;
(B) by striking ‘‘under this chapter’’ and inserting
‘‘under chapter 137 legacy provisions’’;
(C) by striking ‘‘maintained by him’’ and inserting
‘‘maintained by the contractor’’;
(D) by designating the second and third sentences as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems to the right;
(E) in paragraph (2), as so designated—
(i) by inserting ‘‘REMEDY FOR BREAKING WARRANTY.—’’ before ‘‘If a contractor’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4187

(ii) by striking ‘‘the United States may annul the
contract without liability or may deduct’’ and inserting
‘‘the United States—
‘‘(A) may annul the contract without liability; or
‘‘(B) may deduct’’; and
(F) in paragraph (3), as so designated—
(i) by inserting ‘‘INAPPLICABILITY TO CERTAIN CONTRACTS.—’’ before ‘‘This subsection’’;
(ii) by striking ‘‘does not apply to a contract that
is for an amount not greater than the simplified
acquisition threshold or to a contract’’ and inserting
‘‘does not apply—
‘‘(A) to a contract that is for an amount not greater
than the simplified acquisition threshold; or
‘‘(B) to a contract’’.
(e) TRANSFER OF SUBSECTIONS (D) AND (E) OF SECTION 2306.—
Subsections (d) and (e) of section 2306 of title 10, United States
Code, are transferred to section 3322 of such title, as amended
by subsections (b) and (c), inserted at the end, and redesignated
as subsections (b) and (c), respectively.
(f) AMENDMENTS TO NEW 3322.—
(1) NEW 3322(A).—Subsection (a) of such section 3322, as
transferred and designated by subsection (c), is amended by
inserting ‘‘COST-PLUS-A-PERCENTAGE-OF-COST SYSTEM OF CONTRACTING PROHIBITED.—’’ before ‘‘The cost-plus-a-percentageof-cost system’’.
(2) NEW 3322(B).—Subsection (b) of such section 3322, as
transferred and redesignated by subsection (e), is amended
by inserting ‘‘COST-PLUS-A-FIXED-FEE CONTRACTS.—’’ before
‘‘The fee for performing a cost-plus-a-fixed-fee contract for
experimental’’.
(3) NEW 3322(C).—Subsection (c) of such section 3322, as
transferred and redesignated by subsection (e), is amended—
(A) by striking ‘‘(1) Except as’’ and inserting ‘‘ADVANCE
NOTICE OF CERTAIN SUBCONTRACTS.—
‘‘(1) IN GENERAL.—Except as’’; and
(B) in paragraph (2)—
(i) by inserting ‘‘EXCEPTION.—’’ before ‘‘Paragraph
(1)’’; and
(ii) by realigning that paragraph 2 ems to the
right.
(g) TRANSFER OF SUBSECTION (C) OF SECTION 2306.—
(1) TRANSFER.—Subsection (c) of section 2306 of title 10,
United States Code, is transferred to section 3323 of such
title, as added by subsection (a), inserted after the section
heading, redesignated as subsection (a), and amended by designating the second sentence as subsection (b).
(2) AMENDMENT TO NEW 3323(A).—Subsection (a) of such
section 3323, as so transferred and redesignated, is amended
by inserting ‘‘PROHIBITION.—’’ before ‘‘A contract entered into’’.
(3) AMENDMENTS TO NEW 3323(B).—Subsection (b) of such
section 3323, as designated by paragraph (1), is amended—
(A) by striking ‘‘This’’ and inserting ‘‘APPLICABILITY.—
The’’;
(B) by striking ‘‘prohibition is in addition to the prohibition specified in subsection (a)’’ and inserting ‘‘prohibition
specified in subsection (a)—

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(1) is in addition to the prohibition specified in section
3322(a) of this title’’; and
(C) by striking ‘‘system of contracting and applies notwithstanding’’ and inserting ‘‘system of contracting; and
‘‘(2) applies notwithstanding.’’.
(h) CROSS-REFERENCE AMENDMENT.—Section 2343 of title 10,
United States Code, is amended by striking ‘‘2306(a), 2306(b),
2306(e)’’ and inserting ‘‘3351, 3352(a), 3352(c)’’.
SEC. 1818. OTHER MATTERS RELATING TO AWARDING OF CONTRACTS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 242, as added by the
preceding section, the following new chapter:
‘‘CHAPTER 243—OTHER MATTERS RELATING TO
AWARDING OF CONTRACTS

10 USC 3344
prec.
‘‘Sec.
‘‘3341.
‘‘3342.
‘‘3343.
‘‘3344.
‘‘3345.

øReserved¿.
øReserved¿.
øReserved¿.
Disclosure of identity of contractor.
Contract authority for advanced development of initial or additional prototype units.’’.

(b) TRANSFER OF SECTION 2316.—Section 2316 of title 10,
United States Code, is transferred to chapter 243 of such title,
as added by subsection (a), inserted after the table of sections,
and redesignated as section 3344.’’.
(c) TRANSFER OF SECTION 2302E.—Section 2302e of title 10,
United States Code, is transferred to chapter 243 of such title,
inserted after section 3344, as transferred and redesignated by
subsection (b), redesignated as section 3345, and amended in subsection (a) by striking ‘‘section 2302(2)(B)’’ and inserting ‘‘section
3012(2)’’.
SEC. 1819. UNDEFINITIZED CONTRACTUAL ACTIONS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 243, as added by the
preceding section, the following new chapter:
‘‘CHAPTER 244—UNDEFINITIZED CONTRACTUAL
ACTIONS

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10 USC 3371
prec.

‘‘Sec.
‘‘3371. Undefinitized contractual actions: required description of anticipated effect
on military department requirements if use of undefinitized contractual
action results in delay.
‘‘3372. Undefinitized contractual actions: requirements and limitations relating to
definitization of contractual terms, specifications, and price.
‘‘3373. Undefinitized contractual actions: limitation on inclusion of non-urgent requirements and on modification of scope.
‘‘3374. Undefinitized contractual actions: allowable profit.
‘‘3375. Undefinitized contractual actions: time limit.
‘‘3376. øReserved¿.
‘‘3377. Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions.

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134 STAT. 4189

‘‘§ 3371. Undefinitized contractual actions: required description of anticipated effect on military department
requirements if use of undefinitized contractual
action results in delay

10 USC 3371.

‘‘§ 3372. Undefinitized contractual actions: requirements and
limitations relating to definitization of contractual
terms, specifications, and price

10 USC 3372.

‘‘§ 3373. Undefinitized contractual actions: limitation on
inclusion of non-urgent requirements and on modification of scope

10 USC 3373.

‘‘§ 3374. Undefinitized contractual actions: allowable profit

10 USC 3374.

‘‘§ 3375. Undefinitized contractual actions: time limit

10 USC 3375.

‘‘§ 3377. Inapplicability to Coast Guard and National Aeronautics and Space Administration; definitions’’.
(b) TRANSFER OF SUBSECTION (A) OF SECTION 2326.—Subsection
(a) of section 2326 of title 10, United States Code, is transferred
to section 3371 of such title, as added by subsection (a), inserted
after the section heading, and amended by striking the subsection
designation and subsection heading.
(c) TRANSFER OF SUBSECTIONS (B), (C), AND (H) OF SECTION
2326.—
(1) TRANSFER.—Subsections (b), (c), and (h) of section 2326
of title 10, United States Code, are transferred to section 3372
of such title, as added by subsection (a), inserted (in that
order) after the section heading, and redesignated as subsections (a), (b), and (c), respectively.
(2) AMENDMENTS TO NEW 3372(A).—Subsection (a) of such
section 3372, as transferred and redesignated by paragraph
(1), is amended—
(A) by striking ‘‘LIMITATIONS ON OBLIGATION OF
FUNDS.—(1) A contracting officer’’ and inserting ‘‘CONTRACTUAL ACTION TO PROVIDE TIME FOR DEFINITIZATION OF
CONTRACTUAL TERMS, SPECIFICATIONS, AND PRICE; LIMITATIONS ON OBLIGATION OF FUNDS.—
‘‘(1) TERMS FOR TIME FOR DEFINITIZATION TO BE INCLUDED
IN CONTRACTUAL ACTION.—A contracting officer’’;
(B) by redesignating paragraphs (2) and (3) as subparagraphs (A) and (B), respectively, and realigning those subparagraphs 4 ems to the right;
(C) by inserting before subparagraph (A), as so redesignated and realigned, the following:
‘‘(2) LIMITATION ON OBLIGATION OF FUNDS BEFORE
DEFINITIZATION.—’’;
(D) in such subparagraph (A), as so redesignated, by
striking ‘‘Except as provided in paragraph (3),’’ and
inserting ‘‘50 PERCENT LIMITATION.—Except as provided in
subparagraph (B),’’;
(E) in such subparagraph (B), as so redesignated and
realigned—
(i) by inserting ‘‘75 PERCENT LIMITATION WHEN CONTRACTOR SUBMITS QUALIFYING PROPOSAL.—’’ before ‘‘If
a contractor’’; and
(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘section 3377(b) of this title’’;

10 USC 3377.

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134 STAT. 4190

PUBLIC LAW 116–283—JAN. 1, 2021

(F) by redesignating paragraph (4) as paragraph (3)
and inserting ‘‘WAIVER AUTHORITY.—’’ in that paragraph
before ‘‘The head of’’; and
(G) by redesignating paragraph (5) as paragraph (4)
and inserting ‘‘INAPPLICABILITY WITH RESPECT TO PURCHASE
OF INITIAL SPARES.—’’ in that paragraph before ‘‘This subsection does not’’.
(3) AMENDMENT TO NEW 3372(B).—Subsection (b) of such
section 3372, as transferred and redesignated by paragraph
(1), is amended by striking ‘‘subsection (b)(1)’’ and inserting
‘‘subsection (a)(1)’’.
(4) AMENDMENTS TO NEW 3372(C).—Subsection (c) of such
section 3372, as transferred and redesignated by paragraph
(1), is amended—
(A) by striking ‘‘CONTRACTS.—(1) Except as provided
in’’ and inserting ‘‘CONTRACTS.—
‘‘(1) 180-DAY REQUIREMENT.—Except as provided in’’;
(B) by striking ‘‘subsection (b)(1)(A)’’ and inserting
‘‘subsection (a)(1)(A)’’;
(C) by realigning paragraph (2) 2 ems to the right;
and
(D) in paragraph (2)—
(i) by inserting ‘‘WAIVER AUTHORITY.—’’ before ‘‘The
requirement’’; and
(ii) by striking ‘‘subsection (b)(4)’’ and inserting
‘‘subsection (a)(3)’’.
(d) TRANSFER OF SUBSECTIONS (D) AND (E) OF SECTION 2326.—
Subsections (d) and (e) of section 2326 of title 10, United States
Code, are transferred to section 3373 of such title, as added by
subsection (a), inserted after the section heading, and redesignated
as subsections (a) and (b), respectively.
(e) TRANSFER OF SUBSECTION (F) OF SECTION 2326.—
(1) TRANSFER.—Subsection (f) of section 2326 of title 10,
United States Code, is transferred to section 3374 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively.
(2) AMENDMENTS TO NEW 3374(A).—Subsection (a) of such
section 3374, as so transferred and redesignated, is amended—
(A) by inserting ‘‘ALLOWED PROFIT TO REFLECT CERTAIN REDUCED COST RISKS OF CONTRACTOR.—’’ before ‘‘The
head of an agency’’; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) AMENDMENT TO NEW 3374(B).—Subsection (b) of such
section 3374, as so transferred and redesignated, is amended
by inserting ‘‘DATE AS OF WHICH CONTRACTOR COST RISK TO
BE DETERMINED.—’’ before ‘‘If a contractor’’.
(f) TRANSFER OF SUBSECTION (G) OF SECTION 2326.—Subsection
(g) of section 2326 of title 10, United States Code, is transferred
to section 3375 of such title, as added by subsection (a), inserted
after the section heading, and amended by striking the subsection
designation and subsection heading.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4191

(g) TRANSFER OF SUBSECTIONS (I) AND (J) OF SECTION 2326.—
Subsections (i) and (j) of section 2326 of title 10, United States
Code, are transferred to section 3377 of such title, as added by
subsection (a), inserted after the section heading, redesignated as
subsections (a) and (b), respectively, and amended by striking ‘‘section’’ in each such subsection and inserting ‘‘chapter’’.
SEC. 1820. TASK AND DELIVERY ORDER CONTRACTS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 245 and inserting the following:

10 USC 3401
prec.

‘‘CHAPTER 245—TASK AND DELIVERY ORDER
CONTRACTS (MULTIPLE AWARD CONTRACTS)

10 USC 3401
prec.

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‘‘Sec.
‘‘3401.
‘‘3402.
‘‘3403.
‘‘3404.
‘‘3405.
‘‘3406.

Task and delivery order contracts: definitions.
øReserved¿.
Task and delivery order contracts: general authority.
Guidance on use of task and delivery order contracts.
Task order contracts: advisory and assistance services.
Task and delivery order contracts: orders.’’.

(b) TRANSFER OF SECTION 2304D.—
(1) TRANSFER.—Section 2304d of title 10, United States
Code, is transferred to chapter 245 of such title, as amended
by subsection (a), inserted after the table of sections, redesignated as section 3401, and amended by striking ‘‘In sections
2304a, 2304b, and 2304c of this title’’ and inserting ‘‘In this
chapter’’.
(2) ORDER OF DEFINITION PARAGRAPHS.—Paragraphs (1) and
(2) of such section 3401, as so transferred and redesignated,
are reversed in order and redesignated accordingly.
(3) AMENDMENTS TO NEW 3401(1).—Paragraph (1) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘DELIVERY ORDER CONTRACT.—’’ before
‘‘The term’’;
(B) by striking ‘‘for property that does not’’ and
inserting ‘‘for property—
‘‘(A) that does not’’; and
(C) by striking ‘‘quantity) and that provides for’’ and
inserting ‘‘quantity); and
‘‘(B) that provides for’’.
(4) AMENDMENTS TO NEW 3401(2).—Paragraph (2) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘TASK ORDER CONTRACT.—’’ before ‘‘The
term’’;
(B) by striking ‘‘for services that does not’’ and inserting
‘‘for services—
‘‘(A) that does not’’; and
(C) by striking ‘‘quantity) and that provides for’’ and
inserting ‘‘quantity); and
‘‘(B) that provides for’’.
(c) TRANSFER OF SECTION 2304A.—
(1) TRANSFER.—Section 2304a of title 10, United States
Code, is transferred to chapter 245 of such title, as amended
by subsection (a), inserted after section 3401, as transferred

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134 STAT. 4192

PUBLIC LAW 116–283—JAN. 1, 2021
and redesignated by subsection (b), and redesignated as section
3403.
(2) AMENDMENTS TO NEW 3403(A).—Subsection (a) of such
section, as so redesignated, is amended—
(A) by striking ‘‘section 2304c’’ and inserting ‘‘section
3406’’; and
(B) by striking ‘‘section 2304d’’ and inserting ‘‘section
3401’’.
(3) AMENDMENTS TO NEW 3403(C).—Subsection (c) of such
section, as so redesignated, is amended—
(A) by striking ‘‘section only if an exception’’ and
inserting ‘‘only if—
‘‘(1) an exception’’;
(B) by striking ‘‘subsection (c) of section 2304’’ and
inserting ‘‘subsection (a) of section 3204’’;
(C) by striking ‘‘the contract and the use of such’’
and inserting ‘‘the contract; and
‘‘(2) the use of such’’; and
(D) by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’.
(4) AMENDMENTS TO NEW 3403(D).—Subsection (d) of such
section, as so redesignated, is amended—
(A) by striking ‘‘CONTRACT AWARDS.—(1) The head of
an agency’’ and inserting ‘‘CONTRACT AWARDS.—
‘‘(1) EXERCISE OF AUTHORITY.—The head of an agency’’.
(B) in paragraph (2)—
(i) by inserting ‘‘DETERMINATION NOT REQUIRED.—
’’ before ‘‘No determination’’; and
(ii) by striking ‘‘section 2304(b)’’ and inserting ‘‘section 3203’’;
(C) in paragraph (3)—
(i) by striking ‘‘(A) Except as’’ and inserting ‘‘WHEN
SINGLE SOURCE AWARDS FOR TASK OR DELIVERY ORDER
CONTRACTS EXCEEDING $100,000,000 ARE ALLOWED.—
(A) Except as’’; and
(ii) in subparagraph (B), by striking ‘‘section
2304(c)’’ and inserting ‘‘section 3204(a)’’; and
(D) in paragraph (4), by inserting ‘‘REGULATIONS.—
’’ before ‘‘The regulations’’.
(5) AMENDMENTS TO NEW 3403(G).—Subsection (g) of such
section, as so redesignated, is amended by striking ‘‘section
2304b’’ and inserting ‘‘section 3405’’.
(d) TRANSFER OF SECTION 2304B.—
(1) TRANSFER.—Section 2304b of title 10, United States
Code, is transferred to chapter 245 of such title, as amended
by subsection (a), inserted after section 3403, as transferred
and redesignated by subsection (c), and redesignated as section
3405.
(2) INTERNAL REDESIGNATIONS.—Subsections (a), (b), (c),
(d), (e), (f), (g), (h), and (i) of such section are redesignated
as subsections (b), (c), (d), (e), (f), (g), (h), (i), and (a), respectively, and subsection (a), as so redesignated, is transferred
to the beginning of such section so as to appear after the
section heading.
(3) AMENDMENTS TO NEW 3405(B).—Subsection (b) of such
section, as so redesignated, is amended—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4193

(A) by striking ‘‘section 2304c’’ and inserting ‘‘section
3406’’; and
(B) by striking ‘‘section 2304d’’ and inserting ‘‘section
3401’’.
(4) AMENDMENTS TO NEW 3405(E).—Subsection (e) of such
section, as so redesignated, is amended—
(A) by striking ‘‘AND CONTRACT.—(1) The solicitation’’
and inserting ‘‘AND CONTRACT.—
‘‘(1) SOLICITATION.—The solicitation’’;
(B) by striking ‘‘section 2304a(b)’’ and inserting
‘‘3403(b)’’; and
(C) by realigning paragraph (2) 2 ems to the right
and inserting ‘‘CONTRACT.—’’ in that paragraph before ‘‘A
task order’’.
(5) AMENDMENTS TO NEW 3405(F).—Subsection (f) of such
section, as so redesignated, is amended—
(A) by striking ‘‘MULTIPLE AWARDS.—(1) The head of
an agency’’ and inserting ‘‘MULTIPLE AWARDS.—
‘‘(1) AUTHORITY TO MAKE MULTIPLE AWARDS.—The head
of an agency’’.
(B) by realigning paragraphs (2) and (3) 2 ems to
the right;
(C) by inserting ‘‘CONTENT OF SOLICITATION.—’’ in paragraph (2) before ‘‘If, in the case of’’; and
(D) by inserting ‘‘NONAPPLICATION.—’’ in paragraph (3)
before ‘‘Paragraph (2) does not’’.
(6) AMENDMENTS TO NEW 3405(G).—Subsection (g) of such
section, as so redesignated, is amended—
(A) by striking ‘‘CONTRACT MODIFICATIONS.—(1) A task
order may not’’ and inserting ‘‘CONTRACT MODIFICATIONS.—
‘‘(1) INCREASE IN SCOPE, PERIOD, OR MAXIMUM VALUE OF
CONTRACT ONLY BY MODIFICATION OF CONTRACT.—A task order
may not’’.
(B) by realigning paragraphs (2) and (3) 2 ems to
the right;
(C) in paragraph (2)—
(i) by inserting ‘‘USE OF COMPETITIVE PROCEDURES.—’’ before ‘‘Unless use of’’;
(ii) by striking ‘‘subsection (c) of section 2304’’ and
inserting ‘‘subsection (a) of section 3204’’; and
(iii) by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’; and
(D) in paragraph (3), by inserting ‘‘NOTICE.—’’ before
‘‘Notice regarding’’.
(7) AMENDMENTS TO NEW 3405(H).—Subsection (h) of such
section, as so redesignated, is amended—
(A) by striking ‘‘CONTRACT EXTENSIONS.—(1) Notwithstanding the limitation’’ and inserting ‘‘CONTRACT EXTENSIONS.—
‘‘(1) WHEN CONTRACT MAY BE EXTENDED.—Notwithstanding
the limitation’’;
(B) in paragraph (1), by striking ‘‘subsection (b)’’ and
‘‘subsection (e)’’ and inserting ‘‘subsection (c)’’ and ‘‘subsection (f)’’, respectively; and
(C) by realigning paragraph (2) 2 ems to the right
and inserting ‘‘LIMIT OF ONE EXTENSION.—’’ in that paragraph before ‘‘A task order contract’’.

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134 STAT. 4194

PUBLIC LAW 116–283—JAN. 1, 2021
(e) TRANSFER OF SECTION 2304C.—
(1) TRANSFER.—Section 2304c of title 10, United States
Code, is transferred to chapter 245 of such title, as amended
by subsection (a), inserted after section 3405, as transferred
and redesignated by subsection (d), and redesignated as section
3406.
(2) INTERNAL REDESIGNATIONS.—Subsections (a), (b), (c),
(e), (f), and (g) of such section are redesignated as subsections
(b), (c), (e), (f), (g), and (a), respectively, subsection (a), as
so redesignated, is transferred to the beginning of such section
so as to appear after the section heading, and subsection (e),
as so redesignated, is transferred within such section so as
to appear after subsection (d).
(3) AMENDMENTS TO NEW 3406(A).—Subsection (a) of such
section, as so transferred and redesignated, is amended by
striking ‘‘sections 2304a and 2304b’’ and inserting ‘‘sections
3403 and 3405’’.
(4) AMENDMENT TO NEW 3406(B).—Paragraph (2) of subsection (b) of such section, as so transferred and redesignated,
is amended—
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and
(B) by striking ‘‘section 2304(f)’’ and inserting ‘‘section
3204(e)’’.
(5) AMENDMENTS TO NEW 3406(C).—Subsection (c) of such
section, as so transferred and redesignated, is amended—
(A) by striking ‘‘section 2304a(d)(1) or 2304b(c)’’ and
inserting ‘‘section 3403(d)(1)(B) or 3405(f)’’; and
(B) by striking ‘‘section 2304(c)’’ in paragraph (5) and
inserting ‘‘section 3204(a)’’.
(6) AMENDMENTS TO NEW 3406(D).—Subsection (d) of such
section is amended—
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and
(B) by striking ‘‘section 2305(b)(5)’’ in paragraph (5)
and inserting ‘‘section 3304’’.
(7) AMENDMENTS TO NEW 3406(G).—Subsection (g) of such
section is amended—
(A) by striking ‘‘OMBUDSMAN.—Each head of an agency’’
and inserting ‘‘OMBUDSMAN.—
‘‘(1) APPOINTMENT OR DESIGNATION AND RESPONSIBILITIES.—
Each head of an agency’’.
(B) by striking ‘‘section 2304a(d)(1)(B) or 2304b(e)’’ and
inserting ‘‘section 3403(d)(1)(B) or 3405(f)’’;
(C) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and
(D) by designating the second sentence as paragraph
(2) and inserting ‘‘WHO IS ELIGIBLE.—’’ in that paragraph
before ‘‘The task and delivery order’’.

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SEC. 1821. ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

(a) TRANSFER OF CHAPTER 140.—
(1) TRANSFER OF CHAPTER.—Chapter 140 of title 10, United
States Code, is transferred to part V of subtitle A of that
title 10, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law

10 USC 3451
prec.

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134 STAT. 4195

115–232), inserted in place of chapter 247 as enacted by that
section, and redesignated as chapter 247.
(2) REDESIGNATION OF SECTIONS.—Sections in chapter 247
of title 10, United States Code, as transferred and redesignated
by paragraph (1), are redesignated as follows:
New Section No.

Old Section No.

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2375
2376
2377
2379
2380
2380a

3452
3451
3453
3455
3456
3457

(3) TABLE OF SECTIONS.—The items in the table of sections
at the beginning of such chapter are amended to conform to
the redesignations made by paragraph (2).
(4) TABLES OF CHAPTERS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 140.
(b) AMENDMENTS TO TRANSFERRED SECTIONS.—
(1) SECTION 3451.—
(A) Section 3451 of title 10, United States Code, as
redesignated by subsection (a)(2), is transferred within
chapter 247 of such title so as to appear after the table
of sections at the beginning of such chapter (and before
section 3452 as so redesignated).
(B) The table of sections at the beginning of such
chapter is amended to conform to the transfer made by
subparagraph (A).
(2) SECTION 3452.—Section 3452 of such title, as redesignated by subsection (a)(2), is amended by striking ‘‘section
2533a’’ and ‘‘section 2533b’’ in subsection (e)(2) and inserting
‘‘section 4862’’ and ‘‘section 4863’’, respectively.
(3) SECTION 3453.—Section 3453 of such title, as redesignated by subsection (a)(2), is amended by striking ‘‘section
2379’’ in subsection (d)(1) and inserting ‘‘section 3455’’.
(4) SECTION 3455.—Section 3455 of such title, as redesignated by subsection (a)(2), is amended by striking ‘‘section
2306a’’ in subsection (c)(1) and inserting ‘‘chapter 271’’.
(5) SECTION 3456.—Section 3456 of such title, as redesignated by subsection (a)(2), is amended by striking ‘‘section
2306a(b)(4)(B)’’ in subsection (b)(2)(B)(i) and inserting ‘‘section
3703(d)(2)’’.
(6) SECTION 3457.—Section 3457 of such title, as redesignated by subsection (a)(2), is amended—
(A) by striking ‘‘section 2376(1)’’ in subsections (a) and
(b) and inserting ‘‘section 3451(1)’’; and
(B) by striking ‘‘section 2302(9)’’ in subsections (a) and
(b) and inserting ‘‘section 3014’’.
(7) SECTION INCORPORATED INTO SECTION 3457.—Such
chapter is further amended—

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10 USC 3451
prec.

10 USC 101 prec.,
2201 prec.

10 USC 3451
prec.

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134 STAT. 4196

PUBLIC LAW 116–283—JAN. 1, 2021
(A) by striking the heading of the final section of
such chapter, as transferred by subsection (a);
(B) in the text following such heading, by striking
‘‘Notwithstanding section 2376(1)’’ and inserting ‘‘(c)
COMMINGLED ITEMS PURCHASED BY CONTRACTORS.—Notwithstanding section 3451(1)’’; and
(C) in the table of sections at the beginning of the
chapter, by striking the final item.

10 USC 3451
prec.

SEC. 1822. MULTIYEAR CONTRACTS.

10 USC 3501
prec.
10 USC 3501
prec.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 249 and inserting the following:
‘‘CHAPTER 249—MULTIYEAR CONTRACTS
‘‘Subchapter Sec.
‘‘I. Multiyear Contracts for Acquisition of Property ...........................................
‘‘II. Multiyear Contracts for Acquisition of Services ...........................................
‘‘III. Other Authorities Relating to Multiyear Contracts ...................................

3501
3531
3551

‘‘SUBCHAPTER I—MULTIYEAR CONTRACTS FOR
ACQUISITION OF PROPERTY

10 USC 3501
prec.

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‘‘Sec.
‘‘3501. Multiyear contracts for acquisition of property: authority; definitions.
‘‘3502. Multiyear contracts for acquisition of property: regulations.
‘‘3503. Multiyear contracts for acquisition of property: contract cancellation or termination.
‘‘3504. Multiyear contracts for acquisition of property: participation by subcontractors, vendors, and suppliers.
‘‘3505. Multiyear contracts for acquisition of property: protection of existing authority.
‘‘3506. Department of Defense contracts: acquisition of weapon systems.
‘‘3507. Department of Defense contracts: defense acquisitions specifically authorized
by law.
‘‘3508. Department of Defense contracts: notice to congressional committees before
taking certain actions.
‘‘3509. Department of Defense contracts: multiyear contracts with value in excess
of $500,000,000.
‘‘3510. Department of Defense contracts: additional matters with respect to
multiyear defense contracts.
‘‘3511. Increased funding and reprogramming requests.

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134 STAT. 4197

‘‘§ 3501. Multiyear contracts for acquisition of property:
authority; definitions

10 USC 3501.

‘‘§ 3502. Multiyear contracts for acquisition of property: regulations

10 USC 3502.

‘‘§ 3503. Multiyear contracts for acquisition of property: contract cancellation or termination

10 USC 3503.

‘‘§ 3504. Multiyear contracts for acquisition of property:
participation by subcontractors, vendors, and suppliers

10 USC 3504.

‘‘§ 3505. Multiyear contracts for acquisition of property:
protection of existing authority

10 USC 3505.

‘‘§ 3506. Department of defense contracts: acquisition of
weapon systems

10 USC 3506.

‘‘§ 3507. Department of defense contracts: defense acquisitions specifically authorized by law

10 USC 3507.

‘‘§ 3508. Department of defense contracts: notice to congressional committees before taking certain actions

10 USC 3508.

‘‘§ 3509. Department of defense contracts: multiyear contracts
with value in excess of $500,000,000

10 USC 3509.

‘‘§ 3510. Department of defense contracts: additional matters
with respect to multiyear defense contracts

10 USC 3510.

‘‘§ 3511. Increased funding and reprogramming requests’’.
(b) TRANSFER OF SUBSECTION (A) OF SECTION 2306B.—
(1) TRANSFER.—Subsection (a) of section 2306b of title 10,
United States Code, is transferred to section 3501 of such
title, as added by subsection (a), and inserted after the section
heading.
(2) CONFORMING CROSS-REFERENCE AMENDMENT.—Paragraph (7) of such subsection (a), as so transferred, is amended
by striking ‘‘subparagraphs (C) through (F) of subsection (i)(3)’’
and inserting ‘‘paragraphs (3) through (6) of section 3507(c)
of this title’’.
(c) TRANSFER OF SUBSECTION (K) OF SECTION 2306B.—
(1) TRANSFER.—Subsection (k) of section 2306b of title 10,
United States Code, is transferred to section 3501 of such
title, as added by subsection (a), and inserted after subsection
(a), as transferred by subsection (b), and redesignated as subsection (b).
(2) CONFORMING AMENDMENT.—Such subsection (b), as so
transferred and redesignated, is amended by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(d) TRANSFER OF SUBSECTION (B) OF SECTION 2306B.—
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsection
(b) of section 2306b of title 10, United States Code, is transferred to section 3502 of such title, as added by subsection
(a), inserted after the section heading, and amended—
(A) by striking the subsection designation and heading;
and
(B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively.

10 USC 3511.

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134 STAT. 4198

PUBLIC LAW 116–283—JAN. 1, 2021

(2) AMENDMENTS TO NEW 3502(A).—Subsection (a) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘REQUIREMENT.—’’ before ‘‘Each official
named’’;
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’; and
(C) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3501 of this title’’.
(3) AMENDMENTS TO NEW 3502(B).—Subsection (b) of such
section, as so redesignated, is amended—
(A) by striking ‘‘(A) The Secretary of Defense’’ and
inserting ‘‘OFFICIALS SPECIFIED TO PRESCRIBE REGULATIONS.—
‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary of Defense’’;
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems to the right;
(C) in paragraph (2), as so redesignated, by inserting
‘‘COAST GUARD.—’’ before ‘‘The Secretary of Homeland’’;
and
(D) in paragraph (3), as so redesignated, by inserting
‘‘NASA.—’’ before ‘‘The Administrator of’’.
(e) TRANSFER OF SUBSECTIONS (C), (F), AND (G) OF SECTION
2306B.—
(1) TRANSFER.—Subsections (c), (f), and (g) of section 2306b
of title 10, United States Code, are transferred to section 3503
of such title, as added by subsection (a), inserted (in that
order) after the section heading, and redesignated as subsections (a), (b), and (c), respectively.
(2) AMENDMENT TO NEW 3503(A).—Subsection (a) of such
section 3503, as transferred and redesignated by paragraph
(1), is amended by inserting ‘‘under section 3502 of this title’’
after ‘‘The regulations’’.
(3) AMENDMENT TO NEW 3503(B).—Subsection (b) of such
section 3503, as transferred and redesignated by paragraph
(1), is amended by striking ‘‘under this section’’ and inserting
‘‘under this subchapter’’.
(4) AMENDMENTS TO NEW 3503(C).—Subsection (c) of such
section 3503, as transferred and redesignated by paragraph
(1), is amended—
(A) by striking ‘‘CEILINGS EXCEEDING’’ and all that
follows through ‘‘Before any’’ and inserting ‘‘CEILINGS
EXCEEDING $100,000,000.—
‘‘(1) Before any’’;
(B) by realigning paragraph (2) 2 ems to the right:
(C) by striking ‘‘subsection (a)’’ in paragraphs (1) and
(2) and inserting ‘‘section 3501(a) of this title’’; and
(D) in paragraph (2), by striking ‘‘required by’’ and
all that follows through ‘‘give written’’ and inserting
‘‘required by section 3507(c) of this title, give written’’.
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2306B.—
(1) TRANSFER.—Subsection (d) of section 2306b of title 10,
United States Code, is transferred to section 3504 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation
and heading.

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134 STAT. 4199

(2) AMENDMENTS TO NEW 3504.—Such section is further
amended—
(A) by inserting ‘‘under section 3502 of this title’’ after
‘‘the regulations’’; and
(B) in paragraph (1), by striking ‘‘subsection (a)’’ and
inserting ‘‘section 3501(a) of this title’’.
(g) TRANSFER OF SUBSECTION (E) OF SECTION 2306B.—
(1) TRANSFER.—Subsection (e) of section 2306b of title 10,
United States Code, is transferred to section 3505 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation
and heading.
(2) AMENDMENTS TO NEW 3505.—Such section is further
amended—
(A) by inserting ‘‘under section 3502 of this title’’ after
‘‘The regulations’’;
(B) by striking ‘‘this section’’ both places it appears
and inserting ‘‘this subchapter’’; and
(C) in paragraph (1), by striking ‘‘such a contract’’
and inserting ‘‘a contract under section 3501(a) of this
title’’.
(h) TRANSFER OF SUBSECTION (H) OF SECTION 2306B.—
(1) TRANSFER.—Subsection (h) of section 2306b of title 10,
United States Code, is transferred to section 3506 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation
and heading.
(2) AMENDMENTS TO NEW 3506.—Such section is further
amended—
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3501(a) of this title’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(i) TRANSFER OF SUBSECTION (I) OF SECTION 2306B.—
(1) TRANSFER.—Subsection (i) of section 2306b of title 10,
United States Code, is transferred to section 3507 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation
and heading.
(2) INTERNAL REDESIGNATIONS AND TRANSFERS.—Paragraphs (1), (2), (3), (4), (5), (6), and (7) of such section 3507
are redesignated as subsections (a), (b), (c), (f), (g), (d), and
(e), respectively, and subsections (d) and (e), as so redesignated,
are transferred within that section so as to appear after subsection (c), as so redesignated.
(3) AMENDMENTS TO NEW 3507(A).—Subsection (a) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘LIMITATION.—’’ before ‘‘In the case
of’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(4) AMENDMENTS TO NEW 3507(B).—Subsection (b) of such
section, as redesignated by paragraph (2), is amended—
(A) by inserting ‘‘MATTERS TO BE INCLUDED IN REQUEST
FOR AUTHORIZATION.—’’ before ‘‘In submitting’’;
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’;

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134 STAT. 4200

PUBLIC LAW 116–283—JAN. 1, 2021
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(D) in paragraph (1), as so redesignated, by striking
‘‘subsection (a)’’ and inserting ‘‘section 3501(a) of this title’’;
and
(E) in paragraph (2), as so redesignated, by striking
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’.
(5) AMENDMENTS TO NEW 3507(C).—Subsection (c) of such
section, as redesignated by paragraph (2), is amended—
(A) by inserting ‘‘REQUIRED CERTIFICATION.—’’ before
‘‘A multiyear contract’’;
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’;
(C) by redesignating subparagraphs (A) through (G)
as paragraphs (1) through (7), respectively;
(D) in paragraph (1), as so redesignated, by striking
‘‘subsection (a)’’ and inserting ‘‘section 3501(a) of this title’’;
(E) in paragraph (2), as so redesignated, by striking
‘‘section’’ and all that follows through ‘‘of this title’’ and
inserting ‘‘section 3226(b) of this title’’; and
(F) in paragraph (3), as so redesignated, by striking
‘‘section 2433(d)’’ and inserting ‘‘section 4374’’.
(6) AMENDMENTS TO NEW 3507(D).—Subsection (d) of such
section, as redesignated and transferred by paragraph (2), is
amended—
(A) by inserting ‘‘AUTHORITY WHEN ONE OR MORE
CONDITIONS NOT MET.—’’ before ‘‘The Secretary may’’;
(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘subsection (c)’’;
(C) by striking ‘‘not met, if the Secretary determines
that’’ and inserting ‘‘not met, if—
‘‘(1) the Secretary determines that’’; and
(D) by striking ‘‘of Defense and the Secretary provides’’
and inserting ‘‘of Defense; and
‘‘(2) the Secretary provides’’.
(7) AMENDMENTS TO NEW 3507(E).—Subsection (e) of such
section, as redesignated and transferred by paragraph (2), is
amended—
(A) by inserting ‘‘LIMITATION ON DELEGATION.—’’ before
‘‘The Secretary may not’’;
(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘subsection (c)’’; and
(C) by striking ‘‘paragraph (6)’’ and inserting ‘‘subsection (d)’’.
(8) AMENDMENTS TO NEW 3507(F).—Subsection (f) of such
section, as redesignated by paragraph (2), is amended—
(A) by inserting ‘‘REQUESTS FOR RELIEF FROM SPECIFIED COST SAVINGS.—’’ before ‘‘If for any’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(9) AMENDMENTS TO NEW 3507(G).—Subsection (g) of such
section, as redesignated by paragraph (2), is amended—
(A) by striking ‘‘(A) The Secretary may’’ and inserting
‘‘PROCUREMENT OF COMPLETE AND USABLE END ITEMS.—
‘‘(1) IN GENERAL.—The Secretary may’’;
(B) by redesignating subparagraph (B) as paragraph
(2); and

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134 STAT. 4201

(C) in paragraph (2), as so redesignated—
(i) by realigning the paragraph 2 ems to the right;
and
(ii) by inserting ‘‘LONG-LEAD ITEMS.—’’ before ‘‘The
Secretary may’’.
(j) TRANSFER OF SUBSECTION (L) OF SECTION 2306B.—
(1) TRANSFER TO NEW SECTIONS 3508, 3509, AND 3510.—
(A) TRANSFERS OF CERTAIN PARAGRAPHS OF 2306B TO
NEW 3509.—
(i) Paragraph (3) of subsection (l) of section 2306b
of title 10, United States Code, is transferred to section
3509 of such title, as added by subsection (a), inserted
after the section heading, and redesignated as subsection (a).
(ii) Such section 3509 is further amended by
adding at the end the following:
‘‘(b) REPORT REQUIRED BEFORE ENTERING INTO CONTRACT
ABOVE THRESHOLD.—’’.
(iii) Paragraph (5) of subsection (l) of such section
2306b is transferred to section 3509 of such title, as
added by subsection (a), inserted at the end of subsection (b), as added by clause (ii), and redesignated
as paragraph (1).
(iv) Paragraphs (4) and (9) of subsection (l) of
such section 2306b are transferred to section 3509
of such title, as added by subsection (a), inserted (in
that order) after paragraph (1) of subsection (b), as
transferred and redesignated by clause (iii), and
redesignated as paragraphs (2) and (3), respectively.
(B) TRANSFER OF CERTAIN PARAGRAPHS OF 2306B TO
NEW 3510.—Paragraphs (2) and (7) of subsection (l) of such
section 2306b are transferred to section 3510 of such title,
as added by subsection (a), inserted after the section
heading, and redesignated as subsection (b) and (c), respectively.
(C) TRANSFER OF REMAINING PARAGRAPHS OF 2306B TO
NEW 3508.—Subsection (l) of such section 2306b (as amended
by subparagraphs (A) and (B)) is transferred to section
3508 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(i) by striking the subsection designation and subsection heading; and
(ii) by redesignating paragraphs (1), (6), and (8)
as subsections (a), (b), and (c), respectively.
(2) AMENDMENTS TO NEW 3508(A).—Subsection (a) of such
section 3508, as transferred and redesignated by paragraph
(1)(C), is amended—
(A) by striking ‘‘(A) The head of an agency’’ and
inserting ‘‘NOTICE BEFORE AWARD OF CERTAIN CONTRACTS.—
‘‘(1) REQUIRED NOTICE.—The head of an agency’’;
(B) by striking ‘‘subparagraph (B)’’ and inserting ‘‘paragraph (2)’’;
(C) by redesignating subparagraph (B) as paragraph
(2) and realigning that paragraph 2 ems to the right;
and
(D) in paragraph (2), as so redesignated—

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134 STAT. 4202

PUBLIC LAW 116–283—JAN. 1, 2021

(i) by striking ‘‘subparagraph (A)’’ and inserting
‘‘COVERED CONTRACTS.—Paragraph (1)’’;
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(iii) by redesignating subclauses (I) and (II) of
subparagraph (A), as so redesignated, as clauses (i)
and (ii), respectively.
(3) AMENDMENT TO NEW 3508(B).—Subsection (b) of such
section 3508, as transferred and redesignated by paragraph
(1)(C), is amended by inserting ‘‘NOTICE BEFORE TERMINATING
MULTIYEAR PROCUREMENT CONTRACT.—’’ before ‘‘The head of’’.
(4) AMENDMENTS TO NEW 3508(C).—Subsection (c) of such
section 3508, as transferred and redesignated by paragraph
(1)(C), is amended by striking ‘‘This subsection does not’’ and
inserting ‘‘INAPPLICABILITY TO NOAA AND COAST GUARD.—This
section and sections 3509 and 3510 of this title do not’’.
(5) AMENDMENT TO NEW 3509(A).—Subsection (a) of such
section 3509, as transferred and redesignated by paragraph
(1)(A)(i), is amended by inserting ‘‘LIMITATION.—’’ before ‘‘The
head of’’.
(6) AMENDMENTS TO NEW 3509(B).—Subsection (b) of such
section 3509, as designated and amended by clauses (ii), (iii),
and (iv) of paragraph (1)(A), is amended—
(A) in paragraph (1)—
(i) by inserting ‘‘IN GENERAL.—’’ before ‘‘The head
of’’; and
(ii) by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (2)’’;
(B) in paragraph (2), by striking ‘‘Each report required
by paragraph (5)’’ and inserting ‘‘MATTER TO BE INCLUDED
IN REPORT.—Each report required by paragraph (1)’’; and
(C) in paragraph (3), by inserting ‘‘DEFINITIONS.—’’
before ‘‘In this’’.
(7) AMENDMENT TO NEW 3510(B).—Subsection (b) of such
section 3510, as transferred and redesignated by paragraph
(1)(B), is amended by inserting ‘‘FUNDING FOR ECONOMIC ORDER
QUANTITY ADVANCE PROCUREMENT.—’’ before ‘‘The head of’’.
(8) AMENDMENT TO NEW 3510(C).—Subsection (c) of such
section 3510, as transferred and redesignated by paragraph
(1)(B), is amended by inserting ‘‘USE OF PRESENT VALUE ANALYSIS.—’’ before ‘‘The execution of’’.
(k) TRANSFER OF SUBSECTION (J) OF SECTION 2306B TO NEW
3510.—Subsection (j) of section 2306b of title 10, United States
Code, is transferred to section 3510 of such title, as added by
subsection (a), inserted after the section heading, redesignated as
subsection (a), and amended by striking the first word of the subsection heading.
(l) TRANSFER OF SUBSECTION (M) OF SECTION 2306B TO NEW
3511.—Subsection (m) of section 2306b of title 10, United States
Code, is transferred to section 3511 of such title, as added by
subsection (a), inserted after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading;
(2) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’; and
(3) by striking ‘‘subsection (i)’’ and inserting ‘‘section 3507
of this title’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4203

(m) NEW SUBCHAPTER.—Chapter 249 of title 10, United States
Code, as amended by subsection (a), is amended by adding at
the end the following new subchapter:
‘‘SUBCHAPTER II—MULTIYEAR CONTRACTS FOR
ACQUISITION OF SERVICES

10 USC 3531
prec.

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‘‘Sec.
‘‘3531. Multiyear contracts for acquisition of services: authority; definitions.
‘‘3532. Multiyear contracts for acquisition of services: applicable principles.
‘‘3533. Multiyear contracts for acquisition of services: contract cancellation or termination.
‘‘3534. Multiyear contracts for acquisition of services: contracts with value above
$500,000,000 to be specifically authorized by law.
‘‘3535. Multiyear contracts for acquisition of services: notice to congressional committees before taking certain actions.

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‘‘§ 3531. Multiyear contracts for acquisition of services:
authority; definitions

10 USC 3531.

‘‘§ 3532. Multiyear contracts for acquisition of services:
applicable principles

10 USC 3532.

‘‘§ 3533. Multiyear contracts for acquisition of services: contract cancellation or termination

10 USC 3533.

‘‘§ 3534. Multiyear contracts for acquisition of services: contracts with value above $500,000,000 to be specifically authorized by law

10 USC 3534.

‘‘§ 3535. Multiyear contracts for acquisition of services: notice
to congressional committees before taking certain
actions’’.
(n) TRANSFER OF SUBSECTIONS (A), (B), (F), AND (H) OF SECTION
2306C.—
(1) TRANSFER.—Subsections (a), (b), (f), and (h) of section
2306c of title 10, United States Code, are transferred to section
3531 of such title, as added by subsection (n), and inserted
(in that order) after the section heading, and subsections (f)
and (h) are redesignated as subsections (c) and (d), respectively.
(2) AMENDMENT TO NEW 3531(A).—Subsection (a) of such
section 3531, as so transferred, is amended by striking ‘‘subsections (d) and (e)’’ and inserting ‘‘sections 3533 and 3534
of this title’’.
(3) AMENDMENT TO NEW 3531(C) & (D).—Subsections (c) and
(d) of such section 3531, as so transferred and redesignated,
are each amended by striking ‘‘this section’’ and inserting ‘‘this
subchapter’’.
(o) TRANSFER OF SUBSECTION (C) OF SECTION 2306C.—Subsection (c) of section 2306c of title 10, United States Code, is
transferred to section 3532 of such title, as added by subsection
(m), inserted after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(p) TRANSFER OF SUBSECTION (E) OF SECTION 2306C.—Subsection (e) of section 2306c of title 10, United States Code, is
transferred to section 3533 of such title, as added by subsection
(m), inserted after the section heading, and redesignated as subsection (a).

10 USC 3535.

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(q) TRANSFER OF PARAGRAPHS (4) & (5) OF SUBSECTION (D)
SECTION 2306C.—
(1) INSERTION OF SUBSECTION (B) DESIGNATION.—Such section 3533 is further amended by adding at the end the following:
‘‘(b)
CONTRACT
CANCELLATION
CEILINGS
EXCEEDING
$100,000,000.—’’.
(2) TRANSFER AND REDESIGNATION OF PARAGRAPHS.—Paragraphs (4) and (5) of subsection (d) of section 2306c of title
10, United States Code, are transferred to such section 3533
of such title, inserted at the end of subsection (b), as added
by paragraph (1), and redesignated as paragraphs (1) and (2),
respectively.
(3) AMENDMENT TO NEW 3533(B)(1).—Paragraph (1) of such
subsection (b), as so transferred and redesignated, is amended
by striking ‘‘subsection (a)’’ and inserting ‘‘sections 3531(a) of
this title’’.
(4) AMENDMENT TO NEW 3533(B)(2).—Paragraph (2) of such
subsection (b), as so transferred and redesignated, is amended—
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘sections
3531(a) of this title’’; and
(B) by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (1)’’.
(r) TRANSFER OF PARAGRAPH (2) OF SUBSECTION (D) OF SECTION
2306C.—Paragraph (2) of subsection (d) of such section 2306c is
transferred to section 3534 of such title, as added by subsection
(m), inserted after the section heading, and amended—
(1) by striking the paragraph designation; and
(2) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(s) TRANSFER OF REMAINDER OF SUBSECTION (D) OF SECTION
2306C.—
(1) TRANSFER.—Subsection (d) of such section 2306c (as
amended by subsections (r) and (s)) is transferred to section
3535 of such title, as added by subsection (m), inserted after
the section heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1) and (3) as subsections (a) and (b), respectively.
(2) AMENDMENTS TO NEW 3535(A).—Subsection (a) of such
section 3535, as so transferred and redesignated, is amended—
(A) by inserting ‘‘NOTICE BEFORE AWARD OF CERTAIN
CONTRACTS.—’’ before ‘‘The head of an agency’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(3) AMENDMENT TO NEW 3535(B).—Subsection (b) of such
section 3535, as so transferred and redesignated, is amended
by inserting ‘‘NOTICE BEFORE TERMINATING MULTIYEAR
PROCUREMENT CONTRACT FOR SERVICES.—’’ before ‘‘The head
of an agency’’.
(t) OTHER AUTHORITIES.—
(1) NEW SUBCHAPTER.—Chapter 249 of title 10, United
States Code, as amended by this section, is further amended
by adding at the end the following new subchapter:

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134 STAT. 4205

‘‘SUBCHAPTER III—OTHER AUTHORITIES RELATING TO
MULTIYEAR CONTRACTS

10 USC 3551
prec.

‘‘Sec.
‘‘3551. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products.’’.

(2) TRANSFER OF SECTION 2410O.—Section 2410o of title
10, United States Code, is transferred to subchapter III of
chapter 249 of such title, as added by paragraph (1), inserted
after the table of sections, and redesignated as section 3551.
SEC. 1823. SIMPLIFIED ACQUISITION PROCEDURES.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 251 and inserting the following:

10 USC 3551
prec.

‘‘CHAPTER 251—SIMPLIFIED ACQUISITION
PROCEDURES

10 USC 3571
prec.

‘‘Sec.
‘‘3571. Simplified acquisition threshold.
‘‘3572. Implementation of simplified acquisition procedures.
‘‘3573. Micro-purchase threshold.’’.

(b) TRANSFER OF SECTIONS.—Section 2302a, 2302b, and 2338
of title 10, United States Code, are transferred to chapter 251
of such title, as amended by subsection (a), inserted (in that order)
after the table of sections, and redesignated as sections 3571, 3572,
and 3573, respectively.
(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 3571 of such title, as so transferred and redesignated, is amended by striking ‘‘section 2303’’ in subsection
(a) and inserting ‘‘section 3063’’.
(2) Section 3572 of such title, as so transferred and redesignated, is amended by striking ‘‘section 2303(a)’’ and inserting
‘‘section 3063’’.
SEC. 1824. RAPID ACQUISITION PROCEDURES.

(a) REVISED CHAPTER OUTLINE.—Part V of subtitle A of title
10, United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232), is amended by striking chapter 253 and
inserting the following:
‘‘CHAPTER 253—RAPID ACQUISITION PROCEDURES
‘‘Subchapter
Sec.
‘‘I. øReserved¿ ........................................................................................................ 3601
‘‘II. øReserved¿ ....................................................................................................... 3611’’.

(b) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle
A, of title 10, United States Code, are amended by striking the
item relating to chapter 253 and inserting the following new item:

10 USC 3601
prec.
10 USC 3671
prec.

10 USC 101 prec.,
3001 prec.

‘‘253. Rapid Acquisition Procedures ..................................................................... 3601’’.

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SEC. 1825. CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS, AIRCRAFT, AND COMBAT VEHICLES.

(a) NEW CHAPTERS.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National

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Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 255 the following new
chapters:
10 USC 3671
prec.

‘‘CHAPTER 257—CONTRACTS FOR LONG-TERM LEASE OR
CHARTER OF VESSELS, AIRCRAFT, AND COMBAT VEHICLES
‘‘Sec.
‘‘3671. Requirement for authorization by law of certain contracts relating to vessels,
aircraft, and combat vehicles.
‘‘3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles.
‘‘3673. Limitation on indemnification.
‘‘3674. Long-term lease or charter defined; substantial termination liability.
‘‘3675. Capital lease or lease-purchase treated as an acquisition.
‘‘3676. Guidelines.
‘‘3677. Contracts for lease or use of vessels for a term of greater than two years but
less than five years: prior notice to congressional committees.
‘‘3678. Contracts with terms of 18 months or more: limitation.

10 USC 3671.

‘‘§ 3671. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat
vehicles

10 USC 3672.

‘‘§ 3672. Requirement of specific authorization by law for
appropriation, and for obligation and expenditure,
of funds for certain contracts relating to aircraft,
naval vessels, and combat vehicles

10 USC 3673.

‘‘§ 3673. Limitation on indemnification

10 USC 3674.

‘‘§ 3674. Long-term lease or charter defined; substantial
termination liability

10 USC 3675.

‘‘§ 3675. Capital lease or lease-purchase treated as an acquisition

10 USC 3676.

‘‘§ 3676. Guidelines

10 USC 3677.

‘‘§ 3677. Contracts for lease or use of vessels for a term of
greater than two years but less than five years:
prior notice to congressional committees

10 USC 3678.

‘‘§ 3678. Contracts with terms of 18 months or more: limitation

10 USC 3681
prec.

‘‘CHAPTER 258—OTHER TYPES OF CONTRACTS USED
FOR PROCUREMENTS FOR PARTICULAR PURPOSES
‘‘Sec.
‘‘3681. Leasing of commercial vehicles and equipment.

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10 USC 3681.

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‘‘§ 3681. Leasing of commercial vehicles and equipment’’.
(b) TRANSFER OF SUBSECTIONS (A) AND (B) OF SECTION 2401.—
Subsections (a) and (b) of section 2401 of title 10, United States
Code, are transferred to section 3671 of such title, as added by
subsection (a), and inserted after the section heading.
(c) TRANSFER OF SUBSECTION (C)(2) OF SECTION 2401.—Paragraph (2) of subsection (c) of such section 2401 is transferred to
section 3673 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the paragraph designation;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4207

(2) by striking ‘‘this section’’ and inserting ‘‘this chapter’’;

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and
(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
(d) TRANSFER OF SUBSECTION (C)(1) OF SECTION 2401.—Subsection (c) of such section 2401 (as amended by subsection (c)),
is transferred to section 3672 of such title, as added by subsection
(a), inserted after the section heading, redesignated as subsection
(a), and amended—
(1) by striking ‘‘(1) Funds may not’’ and inserting ‘‘LIMITATION.—Funds may not’’; and
(2) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
(e) TRANSFER OF SUBSECTION (E) OF SECTION 2401.—Subsection
(e) of section 2401 of such title, is transferred to section 3672
of such title, as added by subsection (a), inserted after subsection
(a), as transferred and redesignated by subsection (d), redesignated
as subsection (b), and amended—
(1) by striking ‘‘(1) Whenever a request’’ and inserting
‘‘MATTER TO BE SUBMITTED TO CONGRESS.—(1) Whenever a
request’’;
(2) in paragraph (2), by striking ‘‘subsection (g)’’ and
inserting ‘‘section 3676 of this title’’; and
(3) in paragraph (3), by striking ‘‘this section’’ and inserting
‘‘this chapter’’.
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2401.—
(1) TRANSFER.—Subsection (d) of section 2401 of such title
is transferred to section 3674 of such title, as added by subsection (a), inserted after the section heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively.
(2) AMENDMENTS TO NEW 3674(A).—Subsection (a) of such
section 3674, as so redesignated, is amended—
(A) by striking ‘‘(A) In this section’’ and inserting
‘‘LONG-TERM LEASE OR CHARTER.—
‘‘(1) GENERAL RULE.—
‘‘(A) In this chapter’’;
(B) by striking ‘‘subparagraph (B)’’ and inserting ‘‘paragraph (2)’’; and
(C) by redesignating subparagraph (B) as paragraph
(2);
(D) by designating the sentence after clause (ii) of
subparagraph (A) as subparagraph (B); and
(E) in paragraph (2), as redesignated by subparagraph
(C)—
(i) by striking ‘‘In the case of’’ and inserting ‘‘SPECIAL RULE.—
‘‘(A) In the case of’’; and
(ii) by designating the sentence after clause (ii)
of subparagraph (A) as subparagraph (B).
(3) AMENDMENTS TO NEW 3674(B).—Subsection (b) of such
section 3674, as so redesignated, is amended—
(A)
by
inserting
‘‘SUBSTANTIAL
TERMINATION
LIABILITY.—’’ before ‘‘For the purposes of’’;
(B) by striking ‘‘this section’’ and inserting ‘‘this
chapter’’;

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10 USC 101 prec.,
3001 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (2), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(g) TRANSFER OF SUBSECTION (F) OF SECTION 2401.—
(1) TRANSFER.—Subsection (f) of section 2401 of such title
is transferred to section 3675 of such title, as added by subsection (a), inserted after the section heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively.
(2) AMENDMENTS TO NEW 3675(A).—Subsection (a) of such
section 3675, as so redesignated, is amended—
(A) inserting ‘‘IN GENERAL.—’’ before ‘‘If a lease or
charter’’;
(B) by striking ‘‘this section’’ and inserting ‘‘this
chapter’’; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(3) AMENDMENTS TO NEW 3675(B).—Subsection (b) of such
section 3675, as so redesignated, is amended by striking ‘‘In
this subsection’’ and inserting ‘‘DEFINITIONS.—In this section’’.
(h) TRANSFER OF SUBSECTION (G) OF SECTION 2401.—Subsection
(g) of section 2401 of such title is transferred to section 3676
of such title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation.
(i) TRANSFER OF SUBSECTION (H) OF SECTION 2401.—Subsection
(h) of section 2401 of such title is transferred to section 3677
of such title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation.
(j) TRANSFER OF SUBSECTION (B) OF SECTION 2401A.—Subsection
(b) of section 2401a of such title is transferred to section 3678
of such title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation and
subsection heading.
(k) TRANSFER OF SUBSECTION (A) OF SECTION 2401A.—Subsection (a) of section 2401a of such title is transferred to section
3681 of such title, as added by subsection (a), inserted after the
section heading, and amended by striking the subsection designation and subsection heading.
(l) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A, of title 10, United States Code, are amended by
inserting after the item relating to chapter 255 the following new
items:
‘‘257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat’’.

Subtitle D—General Contracting
Provisions

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SEC. 1831. COST OR PRICING DATA.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–

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232), is amended by striking chapter 271 and inserting the following:

10 USC 3701
prec.

‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA
(TRUTH IN NEGOTIATIONS)

10 USC 3701
prec.

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‘‘Sec.
‘‘3701.
‘‘3702.
‘‘3703.
‘‘3704.
‘‘3705.
‘‘3706.
‘‘3707.
‘‘3708.

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134 STAT. 4209

Definitions.
Required cost or pricing data and certification.
Exceptions.
Cost or pricing data on below-threshold contracts.
Submission of other information.
Price reductions for defective cost or pricing data.
Interest and penalties for certain overpayments.
Right to examine contractor records.

‘‘§ 3701. Definitions

10 USC 3701.

‘‘§ 3702. Required cost or pricing data and certification

10 USC 3702.

‘‘§ 3703. Exceptions

10 USC 3703.

‘‘§ 3704. Cost or pricing data on below-threshold contracts

10 USC 3704.

‘‘§ 3705. Submission of other information

10 USC 3705.

‘‘§ 3706. Price reductions for defective cost or pricing data

10 USC 3706.

‘‘§ 3707. Interest and penalties for certain overpayments

10 USC 3707.

‘‘§ 3708. Right to examine contractor records’’.
(b) TRANSFER OF SUBSECTION (H) OF SECTION 2306A.—Subsection (h) of section 2306a of title 10, United States Code, is
transferred to section 3701 of such title, as added by subsection
(a), inserted after the section heading, redesignated as subsection
(a), and amended—
(1) by striking ‘‘this section’’ and inserting ‘‘this chapter’’;
and
(2) in paragraph (1), by striking ‘‘subsection (e)(1)(B)’’ and
inserting ‘‘section 3706(a)(2) of this title’’.
(c) TRANSFER OF SUBSECTION (A) OF SECTION 2306A.—
(1) TRANSFER.—Subsection (a) of section 2306a of title 10,
United States Code, is transferred to section 3702 of such
title, as added by subsection (a), inserted after the section
heading, and amended by redesignating paragraphs (2) through
(7) as subsections (b) through (g), respectively.
(2) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADINGS IN NEW 3702(A).—Such subsection (a), as so transferred and amended, is amended—
(A) by striking ‘‘REQUIRED COST OR PRICING DATA AND
CERTIFICATION.—(1) the head of’’ and inserting ‘‘WHEN
REQUIRED.—The head of’’;
(B) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively;
(C) in paragraph (1), as so redesignated—
(i) by inserting ‘‘OFFEROR FOR PRIME CONTRACT.—
’’ before ‘‘An offeror’’; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(D) in paragraph (2), as so redesignated—
(i) by inserting ‘‘CONTRACTOR.—’’ before ‘‘The contractor’’;

10 USC 3708.

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134 STAT. 4210

PUBLIC LAW 116–283—JAN. 1, 2021
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (A)(i)’’ and inserting ‘‘paragraph (1)(A)’’;
(iv) in subparagraph (B), as so redesignated, by
striking ‘‘paragraph (6)’’ and inserting ‘‘subsection (f)’’;
and
(v) in subparagraph (C), as so redesignated, by
striking ‘‘clause (i) or (ii)’’ and inserting ‘‘subparagraph
(A) or (B)’’;
(E) in paragraph (3), as so redesignated—
(i) by inserting ‘‘OFFEROR FOR SUBCONTRACT.—’’
before ‘‘An offeror’’;
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (A)(i)’’ and inserting ‘‘paragraph (1)(A)’’;
(iv) in subparagraph (B), as so redesignated, by
striking ‘‘paragraph (6)’’ and inserting ‘‘subsection (f)’’;
and
(v) in subparagraph (C), as so redesignated, by
striking ‘‘clause (i) or (ii)’’ and inserting ‘‘subparagraph
(A) or (B)’’; and
(F) in paragraph (4), as so redesignated—
(i) by inserting ‘‘SUBCONTRACTOR.—’’ before ‘‘The
subcontractor’’;
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(iii) in the matter preceding subparagraph (A),
as so redesignated, by striking ‘‘subparagraph (C)’’ and
inserting ‘‘paragraph (3)’’;
(iv) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (C)(i)’’ and inserting ‘‘paragraph (3)(A)’’; and
(v) in subparagraph (B), as so redesignated, by
striking ‘‘subparagraph (C)(iii)’’ and inserting ‘‘paragraph (3)(C)’’.
(3) CONFORMING AMENDMENTS IN NEW SECTION 3702(A) TO
REFERENCES TO CHAPTER 137.—Such subsection (a) is further
amended by striking ‘‘a prime contract under this chapter’’
each place it appears and inserting ‘‘a prime contract under
a chapter 137 legacy provision’’.
(4) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADING IN NEW 3702(B).—Subsection (b) of section 3702,
as transferred and redesignated by paragraph (1), is amended—
(A) by inserting ‘‘CERTFICATION.—’’ before ‘‘A person
required’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and
(C) by striking ‘‘subsection (c)’’ and inserting ‘‘section
3704 of this title’’.
(5) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADING IN NEW 3702(C).—Subsection (c) of section 3702,
as transferred and redesignated by paragraph (1), is amended—

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134 STAT. 4211

(A) by inserting ‘‘TO WHOM SUBMITTED.—’’ before ‘‘Cost
or pricing data’’;
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(C) in the matter preceding paragraph (1), as so
redesignated—
(i) by striking ‘‘paragraph (1) (or under subsection
(c))’’ and inserting ‘‘subsection (a) (or under section
3704 of this title)’’; and
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’.
(6) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADING IN NEW 3702(D).—Subsection (d) of section 3702,
as transferred and redesignated by paragraph (1), is amended—
(A) by inserting ‘‘APPLICABILITY OF CHAPTER.—’’ before
‘‘Except as provided under’’; and
(B) by striking ‘‘subsection (b)’’ and inserting ‘‘section
3703 of this title’’.
(7) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADING IN NEW 3702(E).—Subsection (e) of section 3702,
as transferred and redesignated by paragraph (1), is amended—
(A) by inserting ‘‘SUBCONTRACTS NOT AFFECTED BY
WAIVER.—’’ before ‘‘A waiver of’’;
(B) by striking ‘‘subsection (b)(1)(C)’’ and inserting ‘‘section 3703(a)(3) of this title’’;
(C) by striking ‘‘paragraph (1)(C)’’ and inserting ‘‘subsection (a)(3)’’; and
(D) by striking ‘‘that paragraph’’ and inserting ‘‘that
subsection’’.
(8) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADING IN NEW 3702(F).—Subsection (f) of section 3702,
as transferred and redesignated by paragraph (1), is amended—
(A) by inserting ‘‘MODIFICATIONS TO PRIOR CONTRACTS.—’’ before ‘‘Upon the request of’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(C) by striking ‘‘that paragraph’’ and inserting ‘‘that
subsection’’; and
(D) by striking ‘‘subparagraphs (B)(ii) and (C)(ii) of
paragraph (1)’’ and inserting ‘‘paragraphs (2)(B) and (3)(B)
of subsection (a)’’.
(9) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION
OF HEADING IN NEW 3702(G).—Subsection (g) of section 3702,
as transferred and redesignated by paragraph (1), is amended—
(A) by inserting ‘‘ADJUSTMENT OF AMOUNTS.—’’ before
‘‘Effective on’’; and
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’.
(d) TRANSFER OF SUBSECTION (B) OF SECTION 2306A.—
(1) TRANSFER.—Subsection (b) of section 2306a of title 10,
United States Code, is transferred to section 3703 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and

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134 STAT. 4212

PUBLIC LAW 116–283—JAN. 1, 2021
(B) by redesignating paragraphs (1) through (6) as
subsections (a) through (f), respectively, and realigning
those subsections flush to the left margin.
(2) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3703(A).—Subsection (a) of such section 3703, as so transferred
and redesignated by paragraph (1), is amended—
(A) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively;
(B) in the matter preceding paragraph (1), as so
redesignated, by striking ‘‘under subsection (a)’’ and
inserting ‘‘under section 3702 of this title’’;
(C) in paragraph (1), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
respectively; and
(D) in paragraph (3), as so redesignated, by striking
‘‘this section’’ and inserting ‘‘this chapter’’; and
(E) in paragraph (4), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(3) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3703(B).—Subsection (b) of such section 3703, as so transferred
and redesignated by paragraph (1), is amended—
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1), as so
redesignated—
(i) by striking ‘‘paragraph (1)(A) or (1)(B)’’ and
inserting ‘‘paragraph (1) or (2) of subsection (a)’’; and
(ii) by striking ‘‘subsection (a)’’ and inserting ‘‘section 3702 of this title’’; and
(C) in paragraph (1), as so redesignated, by striking
‘‘paragraph (1)(A) or (1)(B)’’ and inserting ‘‘paragraph (1)
or (2) of subsection (a)’’.
(4) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3703(C).—Subsection (c) of such section 3703, as so transferred
and redesignated by paragraph (1), is amended—
(A) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively;
(B) in paragraph (1), as so redesignated—
(i) by striking ‘‘paragraph (1)(B)’’ and inserting
‘‘subsection (a)(2)’’;
(ii) by striking ‘‘subsection (a)(1)(A)(i)’’ and
inserting ‘‘section 3702(a)(1)(A) of this title’’; and
(iii) by striking ‘‘subsection (a)(7)’’ and inserting
‘‘section 3702(g) of this title’’;
(C) in paragraph (2), as so redesignated, by striking
‘‘this paragraph’’ and inserting ‘‘this subsection’’; and
(D) in paragraph (3), as so redesignated—
(i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(ii) in the matter preceding subparagraph (A), as
so redesignated, by striking ‘‘subparagraph (A)’’ and
inserting ‘‘paragraph (1)’’; and
(ii) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (A) or (C) of paragraph (1)’’
and inserting ‘‘paragraph (1) or (3) of subsection (a)’’.

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(5) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3703(D).—Subsection (d) of such section 3703, as so transferred
and redesignated by paragraph (1), is amended—
(A) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively;
(B) in paragraph (1), as so redesignated, by striking
‘‘paragraph (1)(B)’’ and inserting ‘‘subsection (a)(2)’’;
(C) in paragraph (2), as so redesignated, by striking
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’; and
(D) in paragraph (3), as so redesignated—
(i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(ii) in the matter preceding subparagraph (A), as
so redesignated, by striking ‘‘subparagraph (B)’’ and
inserting ‘‘paragraph (2)’’.
(6) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3703(F).—Subsection (f) of such section 3703, as so transferred
and redesignated by paragraph (1), is amended—
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3702 of this title’’; and
(B) by striking ‘‘paragraph (1)(A)’’ and inserting ‘‘subsection (a)(1)’’.
(e) TRANSFER OF SUBSECTION (C) OF SECTION 2306A.—
(1) TRANSFER.—Subsection (c) of section 2306a of title 10,
United States Code, is transferred to section 3704 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively, and realigning
those subsections flush to the left margin.
(2) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3704(A).—Subsection (a) of such section 3704, as so transferred
and redesignated, is amended—
(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’;
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3702 of this title’’; and
(C) by striking ‘‘under this subsection’’ and inserting
‘‘under this section’’.
(3) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3704(B).—Subsection (b) of such section 3704, as so transferred
and redesignated, is amended—
(A) by striking ‘‘under this paragraph’’ and inserting
‘‘under this subsection’’; and
(B) by striking ‘‘subparagraph (A) or (B) of subsection
(b)(1)’’ and inserting ‘‘paragraph (1) or (2) of section 3703(a)
of this title’’.
(4) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3704(C).—Subsection (c) of such section 3704, as so transferred
and redesignated, is amended by striking ‘‘under this paragraph’’ and inserting ‘‘under this subsection’’.
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2306A.—
(1) TRANSFER.—Subsection (d) of section 2306a of title 10,
United States Code, is transferred to section 3705 of such

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title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively, and realigning
those subsections flush to the left margin.
(2) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3705(A).—Subsection (a) of such section 3705, as so transferred
and redesignated, is amended—
(A) by striking ‘‘under this section’’ and inserting
‘‘under this chapter’’; and
(A) by striking ‘‘subsection (b)(1)(A)’’ and inserting ‘‘section 3703(a)(1) of this title’’.
(3) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3705(B).—Subsection (b) of such section 3705, as so transferred
and redesignated, is amended—
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in paragraph (1), as so redesignated—
(i) by redesignating clauses (i) through (vi) as subparagraphs (A) through (F), respectively; and
(ii) in the matter preceding subparagraph (A), as
so redesignated, by striking ‘‘paragraph (1)’’ and
inserting ‘‘subsection (a)’’; and
(C) in paragraph (2), as so redesignated—
(i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(ii) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (A)’’ and inserting ‘‘paragraph
(1)’’.
(4) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3705(C).—Subsection (c) of such section 3705, as so transferred
and redesignated, is amended—
(A) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively; and
(B) in the matter preceding paragraph (1), as so
redesignated, by striking ‘‘under paragraph (1)’’ and
inserting ‘‘under subsection (a)’’.
(g) TRANSFER OF SUBSECTION (E) OF SECTION 2306A.—
(1) TRANSFER.—Subsection (e) of section 2306a of title 10,
United States Code, is transferred to section 3706 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1), (2), (3), and (4)
as subsections (a), (b), (c), and (d), respectively.
(2) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3706(A).—Subsection (a) of such section 3706, as so transferred
and redesignated, is amended—
(A) by striking ‘‘(A) A prime contract’’ and inserting
‘‘PROVISION REQUIRING ADJUSTMENT.—
‘‘(1) IN GENERAL.—A prime contract’’;
(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘section
3702(b) of this title’’;

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134 STAT. 4215

(C) by redesignating subparagraph (B) as paragraph
(2);
(D) by inserting ‘‘WHAT CONSTITUTES DEFECTIVE COST
before ‘‘For the purposes’’; and
(E) by striking ‘‘of this section’’ and inserting ‘‘of this
chapter’’.
(3) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3706(B).—Subsection (b) of such section 3706, as so transferred
and redesignated, is amended—
(A) by inserting ‘‘VALID DEFENSE.—’’ before ‘‘In determining for’’; and
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’.
(4) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3706(C).—Subsection (c) of such section 3706, as so transferred
and redesignated, is amended—
(A) by inserting ‘‘INVALID DEFENSES.—’’ before ‘‘It is
not’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(C) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively;
(D) in paragraph (1), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
respectively; and
(E) in paragraph (4), as so redesignated, by striking
‘‘subsection (a)(2)’’ and inserting ‘‘section 3702(b) of this
title’’.
(5) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3706(D).—Subsection (d) of such section 3706, as so transferred
and redesignated, is amended—
(A) by striking ‘‘(A) A contractor shall’’ and inserting
‘‘OFFSETS.—
‘‘(1) WHEN ALLOWED.—A contractor shall’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(C) by redesignating subparagraph (B) as paragraph
(2);
(D) in paragraph (1), as designated by subparagraph
(A), by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(E) in subparagraph (B), as so redesignated by subparagraph (D)—
(i) by striking ‘‘paragraph (1)(B)’’ and inserting
‘‘subsection (a)(2)’’; and
(ii) by striking ‘‘subsection (a)(3)’’ and inserting
‘‘section 3702(c) of this title’’; and
(F) in paragraph (2), as redesignated by subparagraph
(C)—
(i) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’;
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ‘‘subsection (a)(2)’’ and inserting ‘‘section
3702(b) of this title’’; and
(iv) in subparagraph (B), as so redesignated—

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OR PRICING DATA.—’’

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134 STAT. 4216

PUBLIC LAW 116–283—JAN. 1, 2021

(I) by striking ‘‘subparagraph (A)(ii)’’ and
inserting ‘‘paragraph (1)(B)’’; and
(II) by striking ‘‘paragraph (1)(B)’’ and
inserting ‘‘subsection (a)(2)’’.
(h) TRANSFER OF SUBSECTION (F) OF SECTION 2306A.—
(1) TRANSFER.—Subsection (f) of section 2306a of title 10,
United States Code, is transferred to section 3707 of such
title, as added by subsection (a), inserted after the section
heading, redesignated as subsection (a), and amended by
redesignating paragraph (2) as subsection (b).
(2) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3707(A).—Subsection (a) of such section 3706, as so transferred
and redesignated, is amended—
(A) by striking ‘‘INTEREST AND PENALTIES FOR CERTAIN
OVERPAYMENTS.—(1)’’ and inserting ‘‘IN GENERAL.—’’
(B) by striking ‘‘this section’’ and inserting ‘‘this
chapter’’;
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (1), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(3) CONFORMING INTERNAL REDESIGNATIONS IN NEW
3707(B).—Subsection (b) of such section 3706, as so transferred
and redesignated, is amended—
(A) by inserting ‘‘LIABILITY NOT AFFECTED BY REFUSAL
TO SUBMIT CERTIFICATION.—’’ before ‘‘Any liability’’;
(B) by striking ‘‘this subsection’’ and inserting ‘‘this
section’’; and
(C) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘section
3702(b) of this title’’.
(i) TRANSFER OF SUBSECTION (G) OF SECTION 2306A.—Subsection (g) of section 2306a of title 10, United States Code, is
transferred to section 3708 of such title, as added by subsection
(a), inserted after the section heading, and amended—
(1) by striking the subsection redesignation and subsection
heading;
(2) by striking ‘‘this section’’ and inserting ‘‘this chapter’’;
and
(3) by striking ‘‘section 2313(a)(2)’’ and inserting ‘‘section
3841(b)(2)’’.
(j) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 1608(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2273
note) is amended by striking ‘‘section 2306a’’ and inserting
‘‘chapter 271’’.
(2) Section 866(b)(4) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383;
10 U.S.C. 2302 note) is amended—
(A) in subparagraph (A), by striking ‘‘section 2306a’’
and inserting ‘‘chapter 271’’; and
(B) in subparagraph (B), by striking ‘‘section 2306a(d)’’
and inserting ‘‘section 3705’’.
(3) Section 2343 of title 10, United States Code, is amended
by striking ‘‘2306a, and 2313’’ and inserting ‘‘3701–3708, and
3841’’.

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134 STAT. 4217

(4) Section 2379(c)(1) of title 10, United States Code, is
amended by striking ‘‘section 2306a’’ and inserting ‘‘sections
3701–3708’’.
(5) Section 2380(b)(2)(B)(i) of title 10, United States Code,
is amended by striking ‘‘section 2306a(b)(4)(B)’’ and inserting
‘‘section 3703(d)(2)’’.
(6) Section 9511a(d) of title 10, United States Code, is
amended by striking ‘‘section 2306a’’ and inserting ‘‘chapter
271’’.
(7) Section 890(a)(2) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 10 U.S.C. 2306a note) is amended by striking ‘‘section
2306a’’ and inserting ‘‘of chapter 271’’.
(k) CHAPTER FOR ADDITIONAL COST OR PRICING PROVISIONS.—
Such Part V is further amended by inserting after chapter 271,
as added by subsection (a), the following new chapter:
‘‘CHAPTER 272—OTHER PROVISIONS RELATING TO
COST OR PRICING DATA

10 USC 3721
prec.

‘‘Sec.
‘‘3721. Evaluating the reasonableness of price: guidance and training.
‘‘3722. Grants of exceptions to cost or pricing data certification requirements and
waivers of cost accounting standards.
‘‘3723. Streamlining awards for innovative technology projects: pilot program.
‘‘3724. Risk-based contracting for smaller contract actions under Truth in Negotiations Act: pilot program.

‘‘§ 3721. Evaluating the reasonableness of price: guidance and
training
‘‘øReserved¿.

10 USC 3721.

‘‘§ 3722. Grants of exceptions to cost or pricing data certification requirements and waivers of cost
accounting standards
‘‘øReserved¿.

10 USC 3722.

‘‘§ 3723. Streamlining awards for innovative technology
projects: pilot program
‘‘øReserved¿.

10 USC 3723.

‘‘§ 3724. Risk-based contracting for smaller contract actions
under truth in negotiations act: pilot program
‘‘øReserved¿.’’.
(l) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of Public Law 115–232),
of title 10, United States Code, are amended by striking the item
relating to chapter 271 and inserting the following:

10 USC 3724.

10 USC 101 prec.,
3001 prec.

‘‘271. Truthful Cost or Pricing Data (Truth in Negotiations) ............................ 3701
‘‘272. Other Provisions Relating to Cost or Pricing Data ................................... 3721’’.

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SEC. 1832. ALLOWABLE COSTS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 273 and inserting the following:’’.

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10 USC 3741
prec.

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10 USC 3741
prec.

‘‘CHAPTER 273—ALLOWABLE COSTS
‘‘Subchapter Sec.
‘‘I. General ..............................................................................................................
‘‘II. Other Allowable Cost Provisions ...................................................................

3741
3761

‘‘SUBCHAPTER I—GENERAL

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‘‘Sec.
‘‘3741.
‘‘3742.
‘‘3743.
‘‘3744.
‘‘3745.
‘‘3746.
‘‘3747.
‘‘3748.
‘‘3749.
‘‘3750.

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Definitions.
Adjustment of threshold amount of covered contract.
Effect of submission of unallowable costs.
Specific costs not allowable.
Required regulations.
Applicability of regulations to subcontractors.
Contractor certification.
Penalties for submission of cost known as not allowable.
Burden of proof on contractor.
Proceeding costs not allowable.

10 USC 3741.

‘‘§ 3741. Definitions
‘‘In this subchapter:

10 USC 3742.

‘‘§ 3742. Adjustment of threshold amount of covered contract

10 USC 3743.

‘‘§ 3743. Effect of submission of unallowable costs

10 USC 3744.

‘‘§ 3744. Specific costs not allowable

10 USC 3745.

‘‘§ 3745. Required regulations

10 USC 3746.

‘‘§ 3746. Applicability of regulations to subcontractors

10 USC 3747.

‘‘§ 3747. Contractor certification

10 USC 3748.

‘‘§ 3748. Penalties for submission of cost known as not allowable

10 USC 3749.

‘‘§ 3749. Burden of proof on contractor

10 USC 3750.

‘‘§ 3750. Proceeding costs not allowable’’.
(b) TRANSFER OF DEFINITION PARAGRAPHS FROM SUBSECTION
(L) OF SECTION 2324.—
(1) Paragraph (4) of section 2324(l) of title 10, United
States Code, is transferred to section 3741 of such title, as
added by subsection (a), inserted at the end, redesignated as
paragraph (1), and amended by inserting ‘‘COMPENSATION.—
’’ before ‘‘The term’’.
(2) Subparagraph (A) of paragraph (1) of such section
2324(l) is transferred to section 3741 of such title, as added
by subsection (a), inserted after paragraph (1), as transferred
and redesignated by paragraph (1), redesignated as paragraph
(2), and amended by inserting ‘‘COVERED CONTRACT.—’’ before
‘‘The term’’.
(3)(A) Paragraphs (6), (2), and (3) of such section 2324(l)
are transferred to section 3741 of such title, as added by subsection (a), inserted (in that order) after paragraph (2), as
transferred and redesignated by paragraph (2), and redesignated as paragraphs (3), (4), and (5), respectively.
(B) The paragraphs transferred and redesignated by
subparagraph (A) are amended—
(i) by inserting ‘‘FISCAL YEAR.—’’ before ‘‘The term’’
in paragraph (3), as so redesignated;

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134 STAT. 4219

(ii) by inserting ‘‘HEAD OF THE AGENCY.—’’ before ‘‘The
term’’ in paragraph (4), as so redesignated; and
(iii) by inserting ‘‘AGENCY.—’’ before ‘‘The term’’ in
paragraph (5), as so redesignated.
(4) Subparagraph (B) of paragraph (1) of such section
2324(l) is transferred to section 3742 of such title, as added
by subsection (a), inserted after the section heading, and
amended—
(A) by realigning the text 2 ems to the left;
(B) by striking the subparagraph designation; and
(C) by striking ‘‘subparagraph (A)’’ and inserting ‘‘section 3741(2) of this title’’.
(c) TRANSFER OF SUBSECTIONS (A)-(D) OF SECTION 2324.—
(1) TRANSFER.—Subsections (a), (b), (c), and (d) of section
2324 of title 10, United States Code, are transferred to section
3743 of such title, as added by subsection (a), and inserted
after the section heading.
(2) AMENDMENTS TO NEW 3743(B).—Such subsection (b) is
amended—
(A) by striking ‘‘PRINCIPLE.—(1) If the’’ and inserting
‘‘PRINCIPLE.—
‘‘(1) If the’’; and
(B) by realigning paragraph (2) 2 ems to the right
and inserting ‘‘COST DETERMINED TO BE UNALLOWABLE
BEFORE PROPOSAL SUBMITTED.—’’ before ‘‘If the’’.
(d) TRANSFER OF SUBSECTION (E) OF SECTION 2324.—
(1) TRANSFER.—Subsection (e) of section 2324 of title 10,
United States Code, is transferred to section 3744 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading;
(B) by redesignating paragraphs (1), (2), (3), and (4)
as subsections (a), (d), (b), and (c), respectively; and
(C) by transferring subsection (d), as so redesignated,
to the end of such section, after subsection (c), as so redesignated.
(2) AMENDMENTS TO NEW 3744(A).—Subsection (a) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘SPECIFIC COSTS.—’’ before ‘‘The following costs’’;
(B) by redesignating subparagraphs (A) through (Q)
as paragraphs (1) through (17), respectively (including
redesignating both subparagraphs (P) as paragraph (16));
(C) in paragraph (15), as so redesignated, by striking
‘‘subsection (k)’’ and inserting ‘‘section 3750 of this title’’;
and
(D) in paragraph (17), as so redesignated, by striking
‘‘subsection (k)(2)’’ and inserting ‘‘section 3750(c) of this
title’’.
(3) AMENDMENTS TO NEW 3744(B).—Subsection (b) of such
section, as so redesignated, is amended—
(A) by striking ‘‘(A) Pursuant to’’ and inserting ‘‘WAIVER
OF
SEVERANCE PAY RESTRICTIONS FOR FOREIGN
NATIONALS.—
‘‘(1) HEAD OF AN AGENCY DETERMINATION.—Pursuant to’’;

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134 STAT. 4220

PUBLIC LAW 116–283—JAN. 1, 2021
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively;
(C) in paragraph (1), as designated by subparagraph
(A)—
(i) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (d)’’;
(ii) by striking ‘‘paragraphs (1)(M) and (1)(N)’’ and
inserting ‘‘subsections (a)(13) and (a)(14)’’; and
(iii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(D) in paragraph (2), as so redesignated by subparagraph (B)—
(i) by realigning that paragraph 2 ems to the right;
(ii) by inserting ‘‘SOLICITATION TO INCLUDE STATEMENT ABOUT WAIVER.—’’ before ‘‘The head of’’;
(iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(iv) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (A)’’ and inserting ‘‘paragraph
(1)’’; and
(E) in paragraph (3), as so redesignated by subparagraph (B)—
(i) by realigning that paragraph 2 ems to the right;
(ii) by inserting ‘‘DETERMINATION TO BE MADE
BEFORE CONTRACT AWARDED.—’’ before ‘‘The head of’’;
and
(iii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’.
(4) AMENDMENTS TO NEW 3744(C).—Subsection (c) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘ESTABLISHMENT OF DEFINITIONS,
EXCLUSIONS, LIMITATIONS, AND QUALIFICATIONS.—’’ before
‘‘The provisions of’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’.
(5) AMENDMENTS TO NEW 3744(D).—Subsection (d) of such
section, as so redesignated and transferred, is amended—
(A) by striking ‘‘(A) The Secretary’’ and inserting ‘‘SPECIFIC COSTS UNDER MILITARY BANKING CONTRACTS
RELATING TO FOREIGN NATIONALS.—
‘‘(1) AUTHORITY.—The Secretary’’;
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and realigning those
paragraph 2 ems to the right;
(C) in paragraph (1), as designated by subparagraph
(A), by striking ‘‘paragraphs (1)(M) and (1)(N)’’ and
inserting ‘‘subsections (a)(13) and (a)(14)’’;
(D) in paragraph (2), as so redesignated by subparagraph (B)—
(i) by inserting ‘‘DEFINITIONS.—’’ before ‘‘In’’;
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’;
(iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(iv) in subparagraph (A), as so redesignated, by
inserting ‘‘MILITARY BANKING CONTRACT.—’’ before ‘‘The
term’’; and

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134 STAT. 4221

(v) in subparagraph (B), as so redesignated, by
inserting ‘‘MANDATED FOREIGN NATIONAL SEVERANCE
PAY.—’’ before ‘‘The term’’; and
(E) in paragraph (3), as so redesignated by subparagraph (B)—
(i) by inserting ‘‘EXCEPTION FOR FOREIGN-OWNED
FINANCIAL INSTITUTIONS.—’’ after the paragraph designation; and
(ii) by striking ‘‘Subparagraph (A)’’ and inserting
‘‘Paragraph (1)’’.
(e) TRANSFER OF SUBSECTION (F) OF SECTION 2324.—
(1) TRANSFER.—Subsection (f) of section 2324 of title 10,
United States Code, is transferred to section 3745 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading;
(B) by redesignating paragraph (1) as subsection (a);
(C) by designating the third sentence of such subsection
as subsection (b);
(D) by redesignating paragraph (2) as subsection (c);
and
(E) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, and realigning those paragraphs 2 ems to the right.
(2) AMENDMENT TO NEW 3745(A).—Subsection (a) of such
section, as so redesignated, is amended by inserting ‘‘IN GENERAL.—’’ before ‘‘The Federal’’.
(3) AMENDMENTS TO NEW 3745(B).—Subsection (b) of such
section, as so designated by paragraph (1)(C), is amended—
(A) by inserting ‘‘SPECIFIC ITEMS.—’’ before ‘‘The regulations’’; and
(B) by redesignating subparagraphs (A) through (Q)
as paragraphs (1) through (17), respectively.
(4) AMENDMENTS TO NEW 3745(C).—Subsection (c) of such
section, as so redesignated by paragraph (1)(D), is amended—
(A) by striking ‘‘The Federal’’ and inserting ‘‘ADDITIONAL REQUIREMENTS.—
‘‘(1) WHEN QUESTIONED COSTS MAY BE RESOLVED.—The Federal’’;
(B) in paragraph (2), as so redesignated by paragraph
(1)(E), by inserting ‘‘PRESENCE OF CONTRACT AUDITOR.—
’’ before ‘‘The Federal’’; and
(C) in paragraph (3), as so redesignated by paragraph
(1)(E), by inserting ‘‘SETTLEMENT TO REFLECT AMOUNT OF
INDIVIDUAL QUESTIONED COSTS.—’’ before ‘‘The Federal’’.
(e) TRANSFER OF SUBSECTION (G) OF SECTION 2324.—Subsection
(g) of section 2324 of title 10, United States Code, is transferred
to section 3746 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘subsections (e) and (f)(1)’’ and inserting
‘‘sections 3744 and 3745(a) and (b) of this title’’.
(f) TRANSFER OF SUBSECTION (H) OF SECTION 2324.—
(1) TRANSFER.—Subsection (h) of section 2324 of title 10,
United States Code, is transferred to section 3747 of such

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title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively.
(2) AMENDMENT TO NEW 3747(A).—Subsection (a) of such
section, as so redesignated, is amended by inserting ‘‘CONTENT
AND FORM.—’’ before ‘‘A proposal’’.
(3) AMENDMENTS TO NEW 3747(B).—Subsection (b) of such
section, as so redesignated, is amended—
(A) by inserting ‘‘WAIVER.—’’ before ‘‘The head’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(g) TRANSFER OF SUBSECTION (I) OF SECTION 2324.—Subsection
(i) of section 2324 of title 10, United States Code, is transferred
to section 3748 of such title, as added by subsection (a), inserted
after the section heading, and amended by striking the subsection
designation and subsection heading.
(h) TRANSFER OF SUBSECTION (J) OF SECTION 2324.—Subsection
(j) of section 2324 of title 10, United States Code, is transferred
to section 3749 of such title, as added by subsection (a), inserted
after the section heading, and amended by striking the subsection
designation and subsection heading.
(i) TRANSFER OF SUBSECTION (K) OF SECTION 2324.—
(1) TRANSFER OF PARAGRAPH (6) OF 2324(K).—
(A) TRANSFER.—Paragraph (6) of Subsection (k) of section 2324 of title 10, United States Code, is transferred
to section 3750 of such title, as added by subsection (a),
inserted after the section heading, redesignated as subsection (a), and amended by striking ‘‘In this subsection’’
and inserting ‘‘DEFINITIONS.—In this section’’.
(B) REDESIGNATION OF SUBPARAGRAPHS.—Such subsection (a), as so transferred and redesignated, is further
amended by redesignating subparagraphs (A), (B), and (C)
as paragraphs (3), (1), and (2), respectively, and transferring paragraph (3), as so redesignated to the end of such
subsection so as to appear after paragraph (2), as so
redesignated.
(C) AMENDMENTS TO NEW 3750(A)(1).—Paragraph (1) of
such subsection, as so redesignated, is amended—
(i) by inserting ‘‘COSTS.—’’ before ‘‘The term’’;
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(iii) in subparagraph (B), as so redesignated, by
redesignating subclauses (I), (II), (III), and (IV) as
clauses (i), (ii), (iii), and (iv), respectively.
(D) AMENDMENT TO NEW 3750(A)(2).—Paragraph (2) of
such subsection, as so redesignated, is amended by
inserting ‘‘PENALTY.—’’ before ‘‘The term’’.
(E) AMENDMENT TO NEW 3750(A)(3).—Paragraph (3) of
such subsection, as so redesignated and transferred, is
amended by inserting ‘‘PROCEEDINGS.—’’ before ‘‘The term’’.
(2) TRANSFER OF PARAGRAPHS (1)-(5) OF 2324(K).—Subsection
(k) of section 2324 of title 10, United States Code (other than

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the portion transferred by paragraph (1)), is transferred to
section 3750 of such title, as added by subsection (a), inserted
after subsection (a), as transferred and redesignated by paragraph (1), and amended by striking the subsection designation
and heading and by redesignating paragraphs (1), (2), (3), (4),
and (5) as subsections (b), (c), (d), (e), and (f), respectively.
(3) AMENDMENTS TO NEW 3750(B).—Subsection (b) of such
section, as so transferred and redesignated, is amended—
(A) by inserting ‘‘IN GENERAL.—’’ before ‘‘Except as’’;
(B) by striking ‘‘this subsection’’ and inserting ‘‘this
section’’;
(C) by striking ‘‘section 2409’’ and inserting ‘‘section
4701’’;
(D) by striking ‘‘if the proceeding (A) relates to’’ and
inserting ‘‘if the proceeding—
‘‘(1) relates to’’;
(E) by striking ‘‘in subparagraphs (A) through (C) of
section 2409(a)(1)’’ and inserting ‘‘in section 4701(a)(1)’’;
(F) by striking ‘‘this title, and (B) results in’’ and
inserting ‘‘this title; and
‘‘(2) results in’’; and
(G) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (c)’’.
(4) AMENDMENTS TO NEW 3750(C).—Subsection (c) of such
section, as so transferred and redesignated, is amended—
(A) by inserting ‘‘COVERED DISPOSITIONS.—’’ before ‘‘A
disposition’’;
(B) by striking ‘‘paragraph (1)(B)’’ and inserting ‘‘subsection (b)(2)’’;
(C) by striking ‘‘paragraph (1)’’ each place it appears
and inserting ‘‘subsection (b)’’;
(D) by redesignating subparagraphs (A), (B), (C), (D),
and (E) as paragraphs (1), (2), (3), (4), and (5), respectively;
(E) in paragraph (3), as so redesignated, by striking
‘‘section 2409’’ and inserting ‘‘section 4701’’;
(F) in paragraph (4), as so redesignated, by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B),
and (C), respectively; and
(G) in paragraph (5), as so redesignated, by striking
‘‘subparagraph (A), (B), (C), or (D)’’ and inserting ‘‘paragraphs (1), (2), (3), or (4)’’.
(5) AMENDMENTS TO NEW 3750(D).—Subsection (d) of such
section, as so transferred and redesignated, is amended—
(A) by inserting ‘‘COSTS ALLOWED BY SETTLEMENT
AGREEMENT IN PROCEEDING COMMENCED BY UNITED
STATES.—’’ before ‘‘In the case of’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (b)’’; and
(C) by striking ‘‘such paragraph’’ and inserting ‘‘such
subsection’’.
(6) AMENDMENTS TO NEW 3750(E).—Subsection (e) of such
section, as so transferred and redesignated, is amended—
(A) By inserting ‘‘COSTS SPECIFICALLY AUTHORIZED IN
PROCEEDING COMMENCED BY STATE.—’’ before ‘‘In the case
of’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (b)’’; and

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134 STAT. 4224

PUBLIC LAW 116–283—JAN. 1, 2021
(C) by striking ‘‘(A)’’ and ‘‘(B)’’ and inserting ‘‘(1)’’ and
‘‘(2)’’, respectively.
(7) AMENDMENTS TO NEW 3750(F).—Subsection (f) of such
section, as so transferred and redesignated, is amended—
(A) by striking ‘‘(A) Except as provided in’’ and
inserting ‘‘OTHER ALLOWABLE COSTS.—
‘‘(1) IN GENERAL.—Except as provided in’’;
(B) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems to the right;
(C) in paragraph (1), as designated by subparagraph
(A)—
(i) by striking ‘‘subparagraph (C)’’ and inserting
‘‘paragraph (3)’’;
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (b)’’; and
(iii) by striking ‘‘subparagraph (B)’’ and inserting
‘‘paragraph (2)’’;
(D) in paragraph (2), as redesignated by subparagraph
(B)—
(i) by striking ‘‘(i) The amount of’’ and inserting
‘‘AMOUNT OF ALLOWABLE COSTS.—
‘‘(A) MAXIMUM AMOUNT ALLOWED.—The amount of’’;
(ii) by redesignating clause (ii) as subparagraph
(B);
(iii) in subparagraph (A), as designated by clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’; and
(iv) in subparagraph (B), as redesignated by clause
(ii)—
(I) by inserting ‘‘CONTENT OF REGULATIONS.—
’’ before ‘‘Regulations issued’’;
(II) by striking ‘‘clause (i)’’ and inserting
‘‘subparagraph (A)’’;
(III) by striking ‘‘consideration of the complexity of’’ and inserting ‘‘consideration of—
‘‘(i) the complexity of’’;
(IV) by striking ‘‘procurement litigation, generally accepted’’ and inserting ‘‘procurement litigation;
‘‘(ii) generally accepted’’; and
(E) by striking ‘‘as a party and such other’’ and
inserting ‘‘as a party; and
‘‘(iii) such other’’; and
(F) in paragraph (3), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘WHEN OTHERWISE ALLOWABLE
COSTS ARE NOT ALLOWABLE.—’’ before ‘‘In the case of’’;
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’;
(iii) by striking ‘‘under this paragraph’’ and
inserting ‘‘under this subsection’’;
(iv) by striking ‘‘not allowable if (i) such proceeding’’ and inserting ‘‘not allowable if—
‘‘(A) such proceeding’’; and
(v) by striking ‘‘proceeding, and (ii) the costs’’ and
inserting ‘‘proceeding; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4225

‘‘(B) the costs’’.
(j) ADDITIONAL ALLOWABLE COST PROVISIONS.—
(1) IN GENERAL.—Chapter 273 of title 10, United States
Code, as added by subsection (a), is amended by adding at
the end the following new subchapter:
‘‘Subchapter II—Other Allowable Cost Provisions
‘‘Sec.
‘‘3761.
‘‘3762.
‘‘3763.
‘‘3764.
‘‘3765.

10 USC 3761
prec.

Restructuring costs.
Independent research and development costs: allowable costs.
Bid and proposal costs: allowable costs.
Excessive pass-through charges.
Institutions of higher education: reimbursement of indirect costs under Department of Defense contracts.’’.

(2) TRANSFER OF SECTIONS ON RESTRUCTURING COSTS,
ALLOWABILITY OF INDEPENDENT RESEARCH AND DEVELOPMENT
COSTS, AND ALLOWABILITY OF BID AND PROPOSAL COSTS.—Sections 2325, 2372, and 2372a of title 10, United States Code,
are transferred to subchapter II of chapter 273 of such title,
as added by paragraph (1), inserted (in that order) after the
table of sections, and redesignated as sections 3761, 3762, and
3763, respectively.
(3) AMENDMENTS TO NEW 3761.—Section 3761 of title 10,
United States Code, as so transferred and redesignated, is
amended—
(A) by redesignating subsection (b) as subsection (c);
(B) in subsection (a)—
(i) by striking ‘‘(1)’’ before ‘‘The Secretary’’; and
(ii) by striking ‘‘section 2324 of this title’’ and
inserting ‘‘subchapter I’’:
(C) by redesignating paragraph (2) as subsection (b);
(D) in subsection (b), as so redesignated—
(i) by inserting ‘‘LIMITATION ON DELEGATION.—’’
before ‘‘The Secretary may not’’; and
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and
(E) in each of such subsections (a) and (b), by redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively.
(4) AMENDMENTS TO NEW 3763.—Section 3763 of such title,
as so transferred and redesignated by paragraph (2), is
amended by striking ‘‘section 2324(l)’’ in subsection (b) and
inserting ‘‘section 3741’’.

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SEC. 1833. PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA.

(a) NEW CHAPTER.—
(1) IN GENERAL.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232), is amended by striking chapter 275 and
inserting the following:

10 USC 3771
prec.

‘‘CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND
RIGHTS IN TECHNICAL DATA

10 USC 3771
prec.

‘‘Subchapter Sec.
‘‘I. Rights in Technical Data .................................................................................

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134 STAT. 4226

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘II. Validation of Proprietary Data Restrictions .................................................
‘‘III. Other Provisions Relating to Proprietary Contractor Data and Rights in
Technical Data .........................................................................................

3781
3791

‘‘SUBCHAPTER I—RIGHTS IN TECHNICAL DATA

10 USC 3771
prec.

‘‘Sec.
‘‘3771.
‘‘3772.
‘‘3773.
‘‘3774.
‘‘3775.

Rights in technical data: regulations.
Rights in technical data: provisions required in contracts.
Domestic business concerns: programs for replenishment parts.
Major weapon systems and subsystems: long-term technical data needs.
Definitions.

10 USC 3771.

‘‘§ 3771. Rights in technical data: regulations

10 USC 3772.

‘‘§ 3772. Rights in technical data: provisions required in contracts

10 USC 3773.

‘‘§ 3773. Domestic business concerns: programs for replenishment parts
‘‘§ 3774. Major weapon systems and subsystems: long-term
technical data needs
‘‘§ 3775. Definitions’’.
(2) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters at the beginning of subtitle A, and at the beginning of
part V of subtitle A, of title 10, United States Code, are
amended by striking the item relating to chapter 275 and
inserting the following new item:

10 USC 3774.
10 USC 3775.

10 USC 101 prec.,
3001 prec.

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‘‘275. Proprietary Contractor Data and Rights in Technical Data .................... 3771’’.

(b) TRANSFER OF SUBSECTION (A) OF SECTION 2320.—
(1) TRANSFER.—Subsection (a) of section 2320 of title 10,
United States Code, is transferred to section 3771 of such
title, as added by subsection (a), inserted after the section
heading, and amended by redesignating paragraphs (2) and
(3) as subsections (b) and (c), respectively.
(2) INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS
IN NEW 3771(A).—Subsection (a) of such section, as so transferred
and amended, is amended—
(A) by striking ‘‘(1) The Secretary of’’ and inserting
‘‘REGULATIONS REQUIRED.—
‘‘(1) IN GENERAL.—The Secretary of’’; and
(B) by designating the third sentence as paragraph
(2) and in that paragraph—
(i) by striking ‘‘Such regulations may not’’ and
inserting ‘‘OTHER RIGHTS NOT IMPAIRED.—Regulations
prescribed under paragraph (1) may not’’;
(ii) by striking ‘‘impair any right of the’’ and
inserting ‘‘impair—
‘‘(A) any right of the’’; and
(iii) by striking ‘‘by law’’ and all that follows
through ‘‘the right of a contractor’’ and inserting ‘‘by
law; or
‘‘(B) the right of a contractor’’.
(3) INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS
IN NEW 3771(B).—Subsection (b) of such section, as so transferred
and redesignated, is amended—
(A) by striking ‘‘Such regulations’’ and inserting
‘‘REQUIRED PROVISIONS.—Regulations prescribed under
subsection (a)’’;

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134 STAT. 4227

(B) by redesignating subparagraphs (A) through (I)
as paragraphs (1) through (9), respectively;
(C) in paragraph (1), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B),
respectively;
(D) in paragraph (2), as so redesignated, by striking
‘‘subparagraphs (C), (D), and (G)’’ and inserting ‘‘paragraphs (3), (4), and (7)’’;
(E) in paragraph (3), as so redesignated—
(i) by striking ‘‘SUBPARAGRAPH (B).—Subparagraph
(B) does not’’ and inserting ‘‘PARAGRAPH (2).—Paragraph
(2) does not’’; and
(ii) by redesignating clauses (i), (ii), (iii), and (iv)
as subparagraphs (A), (B), (C), and (D), respectively;
(F) in paragraph (4), as so redesignated—
(i) by striking ‘‘SUBPARAGRAPH (B).—Notwithstanding subparagraph (B)’’ and inserting ‘‘PARAGRAPH(2).— Notwithstanding paragraph (2)’’;
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively; and
(iii) in subparagraph (A), as so redesignated, by
redesignating subclauses (I), (II), and (III) as clauses
(i), (ii), and (iii), respectively;
(G) in paragraph (5), as so redesignated—
(i) by striking ‘‘MIXED FUNDING.—Except as provided in subparagraphs (F) and (G),’’ and inserting
‘‘MIXED FUNDING.—
‘‘(A) IN GENERAL.—Except as provided in paragraphs
(6) and (7),’’; and
(ii) by designating the second sentence as subparagraph (B), realigning that subparagraph 2 ems to the
right, and inserting ‘‘FACTORS TO BE CONSIDERED.—
’’ before ‘‘The establishment of’’;
(H) in paragraph (6), as so redesignated, by striking
‘‘subparagraph (E)’’ and inserting ‘‘paragraph (5)’’;
(I) in paragraph (7), as so redesignated—
(i) by striking ‘‘MIXED FUNDING.—Notwithstanding
subparagraphs (B) and (E)’’ and inserting ‘‘MIXED
FUNDING.—
‘‘(A) Notwithstanding paragraphs (2) and (5)’’;
(ii) by striking ‘‘section 2446a’’ and inserting ‘‘section 4401’’; and
(iii) by designating the second and third sentences
as subparagraphs (B) and (C), respectively;
(J) in paragraph (8), as so redesignated—
(i) by inserting ‘‘LIMITATIONS ON REQUIREMENTS

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RELATED TO CONTRACTOR OR SUBCONTRACTOR RIGHTS
IN TECHNICAL DATA.—’’ before ‘‘A contractor or subcon-

tractor’’;
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;
(iii) in subparagraph (A), as so redesignated, by
redesignating subclauses (I), (II), and (III) as clauses
(i), (ii), and (iii), respectively;
(iv) in clause (i), as so redesignated, by striking
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’;

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134 STAT. 4228

PUBLIC LAW 116–283—JAN. 1, 2021
(v) in clause (ii), as so redesignated, by striking
‘‘subparagraph (C)’’ and inserting ‘‘paragraph (3)’’;
(vi) in clause (iii), as so redesignated, by striking
‘‘subparagraph (D)’’ and inserting ‘‘paragraph (4)’’; and
(vii) in subparagraph (B), as so redesignated, by
striking ‘‘subparagraph (B)’’ and inserting ‘‘paragraph
(2)’’; and
(K) in paragraph (9), as so redesignated—
(i) by inserting ‘‘ACTIONS AUTHORIZED IF NECESSARY TO DEVELOP ALTERNATIVE SOURCES OF SUPPLY
AND MANUFACTURE.—’’ before ‘‘The Secretary of

Defense’’;
(ii) by redesignating clauses (i), (ii), and (ii) as
subparagraphs (A), (B), and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ‘‘subparagraph (C) or (D)’’ and inserting ‘‘paragraph (3) or (4)’’; and
(iv) in subparagraph (B), as so redesignated, by
striking ‘‘this section’’ and inserting ‘‘this subchapter’’.

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(4) INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS
IN NEW 3771(C).—Subsection (c) of such section, as so transferred
and redesignated, is amended—
(A) by inserting ‘‘SECRETARY OF DEFENSE TO DEFINE
TERMS.—’’ before ‘‘The Secretary of’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(C) by striking ‘‘the Secretary shall specify’’ and
inserting ‘‘the Secretary—
‘‘(1) shall specify’’;
(D) by striking ‘‘treated and shall specify’’ and inserting
‘‘treated; and
‘‘(2) shall specify’’; and
(E) by striking ‘‘this paragraph’’ and inserting ‘‘this
subsection’’.
(c) TRANSFER OF SUBSECTIONS (B) AND (C) OF SECTION 2320.—
(1) TRANSFER.—Subsections (b) and (c) of section 2320 of
title 10, United States Code, are transferred to section 3772
of such title, as added by subsection (a), inserted after the
section heading, and redesignated as subsections (a) and (b),
respectively.
(2) INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS
IN NEW 3772(A).—Subsection (a) of such section, as so transferred
and redesignated, is amended—
(A) by inserting ‘‘CONTRACT PROVISIONS RELATING TO
TECHNICAL DATA.—’’ before ‘‘Regulations prescribed under’’;
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3771 of this title’’;
(C) by striking ‘‘section 2303’’ and inserting ‘‘section
3063’’;
(D) in paragraph (1), by striking ‘‘section 2321(f)’’ and
inserting ‘‘section 3784’’;
(E) in paragraph (6)—
(i) by striking ‘‘the contractor to revise’’ and
inserting ‘‘the contractor—
‘‘(A) to revise’’; and
(ii) by striking ‘‘the contract and to deliver’’ and
inserting ‘‘the contract; and

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134 STAT. 4229

‘‘(B) to deliver’’;
(F) in paragraph (7)—
(i) by striking ‘‘is found to be’’ and inserting ‘‘is
found—
‘‘(A) to be’’; and
(ii) by striking ‘‘or inadequate or to not’’ and
inserting ‘‘or inadequate; or
‘‘(B) to not’’;
(G) in paragraph (9)(B)(ii), by striking ‘‘subparagraphs
(D)(i)(II), (F), and (G) of subsection (a)(2)’’ and inserting
‘‘paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of
this title’’; and
(H) in paragraph (10), by striking ‘‘section 2321(d)’’
and inserting ‘‘section 3782’’.
(3) INTERNAL REDESIGNATIONS IN NEW 3772(B).—Subsection
(b) of such section, as so transferred and redesignated, is
amended—
(A) by striking ‘‘in this section or in section 2305(a)’’
and inserting ‘‘in this subchapter or in section 3208’’; and
(B) in paragraph (2), by striking ‘‘subsection (a)’’ and
inserting ‘‘section 3771 of this title’’.
(d) TRANSFER OF SUBSECTION (D) OF SECTION 2320.—Subsection
(d) of section 2320 of title 10, United States Code, is transferred
to section 3773 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation; and
(2) by striking ‘‘this subsection’’ and inserting ‘‘this section’’.
(e) TRANSFER OF SUBSECTION (E) AND (F) OF SECTION 2320.—
(1) TRANSFER.—Subsections (e) and (f) of section 2320 of
title 10, United States Code, are transferred to section 3774
of such title, as added by subsection (a), inserted after the
section heading, and redesigned as subsections (a) and (c),
respectively.
(2) DESIGNATION OF NEW 3774(B).—The third sentence of
subsection (a) of such section, as so transferred and redesignated, is designated as subsection (b).
(3) AMENDMENTS TO NEW 3774(A).—Subsection (a) of such
section, as so amended, is further amended—
(A) by striking ‘‘The Secretary of Defense shall require’’
and inserting ‘‘ASSESSMENTS AND ACQUISITIONS STRATEGIES.—
‘‘(1) The Secretary of Defense shall require’’;
(B) by designating the second sentence as paragraph
(2);
(C) in paragraph (1), as designated by subparagraph
(A)—
(i) by striking ‘‘to assess the long-term’’ and
inserting ‘‘to—
‘‘(A) assess the long-term’’; and
(ii) by striking ‘‘systems and subsystems and establish’’ and inserting ‘‘systems and subsystems; and
‘‘(B) establish’’; and
(D) in paragraph (2), as designated by subparagraph
(B)—
(i) by striking ‘‘may include the development’’ and
inserting ‘‘may include—
‘‘(A) the development’’; and

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134 STAT. 4230

PUBLIC LAW 116–283—JAN. 1, 2021

(ii) by striking ‘‘Department of Defense or competition for’’ and inserting ‘‘Department of Defense; or
‘‘(B) competition for’’.
(4) AMENDMENTS TO NEW 3774(B).—Subsection (b) of such
section, as designated by paragraph (2), is amended—
(A) by inserting ‘‘REQUIREMENTS RELATING TO ASSESSMENTS AND ACQUISITION STRATEGIES.—’’ before ‘‘Assessments and corresponding’’; and
(B) by striking ‘‘developed under’’ and all that follows
through ‘‘with respect to’’ and inserting ‘‘developed under
subsection (a) with respect to’’.
(5) AMENDMENTS TO NEW 3774(C).—Subsection (c) of such
section, as redesignated by paragraph (1), is amended—
(A) by striking ‘‘LICENSES.—The Secretary’’ and
inserting ‘‘LICENSES.—
‘‘(1) The Secretary’’;
(B) by designating the second sentence as paragraph
(2); and
(C) in paragraph (2), as so designated, by striking
‘‘subsection (e)’’ and inserting ‘‘subsection (a)’’.
(f) TRANSFER OF SUBSECTION (G) AND (H) OF SECTION 2320.—
(1) TRANSFER.—Subsections (g) and (h) of section 2320 of
title 10, United States Code, are transferred to section 3775
of such title, as added by subsection (a), inserted after the
section heading, and redesigned as subsections (a) and (b),
respectively.
(2) CONFORMING AMENDMENTS.—
(A) Such subsections (a) and (b), as so transferred
and redesignated, are each amended by striking ‘‘In this
section,’’ and inserting ‘‘In this subchapter,’’.
(B) Such subsection (b) is amended by striking ‘‘section
2446a’’ and inserting ‘‘section 4401’’.
(g) NEW SUBCHAPTER.—Chapter 275 of title 10, United States
Code, as added by subsection (a), is amended by adding at the
end the following new subchapter:
‘‘SUBCHAPTER II—VALIDATION OF PROPRIETARY DATA
RESTRICTIONS

10 USC 3781
prec.

‘‘Sec.
‘‘3781.
‘‘3782.
‘‘3783.
‘‘3784.

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Technical data: contractor justification for restrictions; review of restrictions.
Technical data: challenges to contractor restrictions.
Technical data: time for contractors to submit justifications.
Technical data under contracts for commercial items: presumption of development exclusively at private expense.
‘‘3785. Technical data: decision by contracting officer; claims; rights and liability
upon final disposition.
‘‘3786. Use or release restriction: definition.

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134 STAT. 4231

‘‘§ 3781. Technical data: contractor justification for restrictions; review of restrictions

10 USC 3781.

‘‘§ 3782. Technical data: challenges to contractor restrictions

10 USC 3782.

‘‘§ 3783. Technical data: time for contractors to submit justifications

10 USC 3783.

‘‘§ 3784. Technical data under contracts for commercial items:
presumption of development exclusively at private
expense

10 USC 3784.

‘‘§ 3785. Technical data: decision by contracting officer;
claims; rights and liability upon final disposition

10 USC 3785.

‘‘§ 3786. Use or release restriction: definition’’.
(h) TRANSFER OF SUBSECTIONS (A), (B), AND (C) OF SECTION
2321.—
(1) TRANSFER.—Subsections (a), (b), and (c) of section 2321
of title 10, United States Code, are transferred to section 3781
of such title, as added by subsection (g), and inserted after
the section heading.
(2) CONFORMING AMENDMENTS TO NEW 3781(A).—Subsection
(a) of such section, as so transferred, is amended by striking
‘‘CONTRACTS COVERED BY SECTION.—This section’’ and inserting
‘‘CONTRACTS COVERED BY SUBCHAPTER.—This subchapter’’.
(3) CONFORMING AMENDMENTS TO NEW 3781(B).—Subsection
(b) of such section, as so transferred, is amended—
(A) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’; and
(B) by striking ‘‘(as defined’’ and all that follows
through ‘‘asserted’’ and inserting ‘‘(as defined in section
3786 of this title) asserted’’.
(4) CONFORMING AMENDMENTS TO NEW 3781(C).—Subsection
(c) of such section, as so transferred, is amended—
(A) by striking ‘‘RESTRICTIONS.—(1) The Secretary’’ and
inserting ‘‘RESTRICTIONS.—
‘‘(1) The Secretary’’;
(B) in paragraph (1), by striking ‘‘this section’’ and
inserting ‘‘this subchapter’’; and
(C) by realigning paragraph (2) 2 ems to the right.
(i) TRANSFER OF SUBSECTION (D) OF SECTION 2321.—
(1) TRANSFER.—Subsection (d) of section 2321 of title 10,
United States Code, is transferred to section 3782 of such
title, as added by subsection (g), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1), (2), (3), and (4)
as subsections (a), (b), (c), and (d), respectively.
(2) CONFORMING AMENDMENTS TO NEW 3782(A).—Subsection
(a) of such section 3782, as so transferred and redesignated,
is amended—
(A) by inserting ‘‘CHALLENGES BY SECRETARY OF
DEFENSE.—’’ before ‘‘The Secretary of Defense’’;
(B) by striking ‘‘this section’’ and inserting ‘‘this subchapter’’; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.

10 USC 3786.

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134 STAT. 4232

PUBLIC LAW 116–283—JAN. 1, 2021
(3) CONFORMING AMENDMENTS TO NEW 3782(B).—Subsection
(b) of such section 3782, as so transferred and redesignated,
is amended—
(A) by striking ‘‘(A) A challenge’’ and inserting ‘‘TIME
LIMIT FOR CHALLENGES; EXCEPTIONS.—
‘‘(1) A challenge’’;
(B) by redesignating subparagraph (B) as paragraph
(2) and realigning that paragraph 2 ems to the right;
(C) in paragraph (1), as designated by subparagraph
(A)—
(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(ii) by striking ‘‘subparagraph (B)’’ and inserting
‘‘paragraph (2)’’; and
(iii) by redesignating clauses (i), (ii), (iii), and (iv)
as subparagraphs (A), (B), (C), and (D), respectively;
and
(D) in paragraph (2), as redesignated by subparagraph
(B)—
(i) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.
(4) CONFORMING AMENDMENTS TO NEW 3782(C).—Subsection
(c) of such section 3782, as so transferred and redesignated,
is amended—
(A) by inserting ‘‘WRITTEN NOTICE TO CONTRACTOR
OR SUBCONTRACTOR.—’’ before ‘‘If the Secretary’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(C) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively; and
(D) in paragraph (3), as so redesignated, by striking
‘‘paragraph (4)’’ and inserting ‘‘subsection (d)’’.
(5) CONFORMING AMENDMENTS TO NEW 3782(D).—Subsection
(d) of such section 3782, as so transferred and redesignated,
is amended—
(A) by inserting ‘‘JUSTIFICATION.—’’ before ‘‘It is a justification’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’;
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (1), as so redesignated, by striking
‘‘this subsection’’ and inserting ‘‘this section’’.
(j) TRANSFER OF SUBSECTION (E) OF SECTION 2321.—
(1) TRANSFER.—Subsection (e) of section 2321 of title 10,
United States Code, is transferred to section 3783 of such
title, as added by subsection (g), inserted after the section
heading, and amended by striking the subsection designation
and subsection heading.
(2) DESIGNATION OF NEW SUBSECTIONS (A) AND (B).—Such
section, as so transferred and amended, is further amended—
(A) by designating the first sentence as subsection
(a) and inserting ‘‘ADDITIONAL TIME TO SUBMIT JUSTIFICATIONS.—’’ before ‘‘If a contractor’’; and

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134 STAT. 4233

(B) by designating the second sentence as subsection
(b) and inserting ‘‘MULTIPLE CHALLENGES; SCHEDULE OF
RESPONSES.—’’ before ‘‘If a party’’.
(k) TRANSFER OF SUBSECTION (F) OF SECTION 2321.—Subsection
(f) of section 2321 of title 10, United States Code, is transferred
to section 3784 of such title, as added by subsection (g), inserted
after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘subsection (d)(3)’’ and inserting ‘‘section
3782(c) of this title’’.
(l) TRANSFER OF SUBSECTIONS (G), (H), AND (I) OF SECTION
2321.—
(1) TRANSFER.—Subsections (g), (h), and (i) of section 2321
of title 10, United States Code, are transferred to section 3785
of such title, as added by subsection (g), inserted after the
section heading, and redesignated as subsections (a), (b), and
(c), respectively.
(2) CONFORMING AMENDMENTS TO NEW 3785(A).—Subsection
(a) of such section, as so transferred and redesignated, is
amended—
(A) by striking ‘‘subsection (d)(3)’’ both places it appears
and inserting ‘‘section 3782(c) of this title’’;
(B) by striking ‘‘OFFICER.—(1) Upon failure’’ and
inserting ‘‘OFFICER.—
‘‘(1) Upon failure’’; and
(C) by realigning paragraph (2) 2 ems to the right.
(3) CONFORMING AMENDMENTS TO NEW 3785(C).—Subsection
(c) of such section 3786, as so transferred and redesignated,
is amended—
(A) by striking ‘‘DISPOSITION.—(1) If, upon final’’ and
inserting ‘‘DISPOSITION.—
‘‘(1) If, upon final’’; and
(B) by realigning paragraph (2) 2 ems to the right.
(m) TRANSFER OF SUBSECTION (J) OF SECTION 2321.—Subsection
(j) of section 2321 of title 10, United States Code, is transferred
to section 3786 of such title, as added by subsection (g), inserted
after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘In this section’’ and inserting ‘‘In this
subchapter’’.
(n) NEW SUBCHAPTER.—Chapter 275 of title 10, United States
Code, as added by subsection (a), is amended by adding after
subchapter II, as added by subsections (g), the following new subchapter:

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‘‘SUBCHAPTER III—OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA

10 USC 3791
prec.

‘‘Sec.
‘‘3791. Management of intellectual property matters within the Department of Defense.
‘‘3792. Technical data rights: non-FAR agreements.
‘‘3793. Copyrights, patents, designs, etc.; acquisition.
‘‘3794. Release of technical data under Freedom of Information Act: recovery of
costs.

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134 STAT. 4234
10 USC 3791.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 3791. Management of intellectual property matters within
the department of defense
‘‘(b) CADRE OF INTELLECTUAL PROPERTY EXPERTS.—For a provision requiring establishment of a cadre of personnel who are experts
in intellectual property matters, see section 1707 of this title.’’.
(o) TRANSFERS.—
(1) TRANSFER OF SECTION 2322(A).—Subsection (a) of section
2322 of title 10, United States Code, is transferred to section
3791 of such title, as added by subsection (n), and inserted
after the section heading.
(2) TRANSFER OF SECTIONS 2386 AND 2328.—Section 2386
and 2328 of such title are transferred to subchapter III of
chapter 275 of such title, as added by subsection (n), inserted
(in that order) after section 3791, and redesignated as section
3793 and 3794, respectively.
(p) CROSS REFERENCE AMENDMENTS.—Section 8687(a) of title
10, United States Code, is amended by striking ‘‘section 2320’’
each place it appears and inserting ‘‘subchapter I of chapter 275’’.
SEC. 1834. CONTRACT FINANCING.

10 USC 3801
prec.

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10 USC 3801
prec.

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(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 277 and inserting the following:
‘‘CHAPTER 277—CONTRACT FINANCING
‘‘Sec.
‘‘3801.
‘‘3802.
‘‘3803.
‘‘3804.
‘‘3805.
‘‘3806.
‘‘3807.

Authority of agency.
Payment.
Security for advance payments.
Conditions for progress payments.
Payments for commercial products and commercial services.
Action in case of fraud.
Vesting of title in the United States.

10 USC 3801.

‘‘§ 3801. Authority of agency

10 USC 3802.

‘‘§ 3802. Payment

10 USC 3803.

‘‘§ 3803. Security for advance payments

10 USC 3804.

‘‘§ 3804. Conditions for progress payments

10 USC 3805.

‘‘§ 3805. Payments for commercial products and commercial
services

10 USC 3806.

‘‘§ 3806. Action in case of fraud

10 USC 3807.

‘‘§ 3807. Vesting of title in the United States’’.
(b) TRANSFER OF SUBSECTION (A) OF SECTION 2307.—
(1) TRANSFER.—Subsection (a) of section 2307 of title 10,
United States Code, is transferred to section 3801 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking ‘‘(1)’’ before ‘‘The head of’’; and
(B) by redesignating paragraph (2) as subsection (b).
(2) CONFORMING AMENDMENTS TO NEW 3801(A).—Such subsection (a), as so transferred and amended, is further amended
by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4235

(3) CONFORMING AMENDMENTS TO NEW 3801(B).—Subsection
(b) of such section 3801, as redesignated by paragraph (1)(B),
is amended—
(A) by striking ‘‘(A) For a prime’’ and inserting ‘‘PAYMENT DATES FOR CONTRACTORS THAT ARE SMALL BUSINESS
CONCERNS.—
‘‘(1) PRIME CONTRACTORS.—For a prime’’;
(B) by redesignating subparagraph (B) as paragraph
(2); and
(C) in paragraph (2), as so redesignated—
(i) by inserting ‘‘SUBCONTRACTORS.—’’ before ‘‘For
a prime’’; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.
(c) TRANSFER OF SUBSECTIONS (B) AND (C) OF SECTION 2307.—
(1) TRANSFER.—Subsections (b) and (c) of section 2307 of
title 10, United States Code, are transferred to section 3802
of such title, as added by subsection (a), inserted after the
section heading, and redesignated as subsections (a) and (d),
respectively.
(2) FURTHER INTERNAL REDESIGNATION AMENDMENTS TO
NEW 3802.—Such section 3802, as so amended, is further
amended
(A) in subsection (a), by striking ‘‘(1)’’ before ‘‘Whenever
possible’’;
(B) by redesignating paragraph (2) of subsection (a)
as subsection (b);
(C) by transferring paragraph (3) of such subsection
to the end of the section and redesignating such paragraph
as subsection (e);
(D) by redesignating paragraph (4) of subsection (a)
as subsection (c); and
(E) by redesignating subparagraphs (A), (B), and (C)
of subsection (a) as paragraphs (1), (2), and (3), respectively.
(3) CONFORMING AMENDMENT TO NEW 3802(A).—Subsection
(a) of such section is further amended by striking ‘‘subsection
(a)’’ and inserting ‘‘section 3801 of this title’’.
(4) CONFORMING AMENDMENTS TO NEW 3802(B).—Subsection
(b) of such section, as so redesignated, is amended—
(A) by inserting ‘‘Basis for performance-based payments.—’’ before ‘‘Performance-based payments’’; and
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’.
(5) CONFORMING AMENDMENTS TO NEW 3802(C).—Subsection
(c) of such section, as so redesignated, is amended—
(A) by striking ‘‘(A) In order to’’ and inserting ‘‘CONTRACTOR ACCOUNTING SYSTEMS.—
‘‘(1) In order to’’; and
(B) by redesignating subparagraph (B) as paragraph
(2), realigning that paragraph 2 ems to the right, and
striking ‘‘this section’’ therein and inserting ‘‘this chapter’’.
(6) CONFORMING AMENDMENT TO NEW 3802(D).—Subsection
(d) of such section, as redesignated by paragraph (1), is
amended by striking ‘‘subsection (a)’’ and inserting ‘‘section
3801 of this title’’.

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134 STAT. 4236

PUBLIC LAW 116–283—JAN. 1, 2021

(7) CONFORMING AMENDMENT TO NEW 3802(E).—Subsection
(e) of such section, as transferred and redesignated by paragraph (2)(C), is amended by inserting ‘‘ELIGIBILITY OF NONTRADITIONAL DEFENSE CONTRACTORS.—’’ before ‘‘The Secretary
of’’.
(d) TRANSFER OF SUBSECTION (D) OF SECTION 2307.—Subsection
(d) of section 2307 of title 10, United States Code, is transferred
to section 3803 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘subsection (a)’’ and inserting ‘‘section 3801
of this title’’.
(e) TRANSFER OF SUBSECTION (E) OF SECTION 2307.—
(1) TRANSFER.—Subsection (e) of section 2307 of title 10,
United States Code, is transferred to section 3804 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) CONFORMING AMENDMENT TO NEW 3804(A).—Subsection
(a) of such section 3804, as so transferred and redesignated,
is amended by inserting ‘‘PAYMENT COMMENSURATE WITH
WORK.—’’ before ‘‘The Secretary of Defense’’.
(3) CONFORMING AMENDMENTS TO NEW 3804(B).—Subsection
(b) of such section 3804, as so transferred and redesignated,
is amended—
(A) by inserting ‘‘LIMITATION.—’’ before ‘‘The Secretary’’; and
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’.
(4) CONFORMING AMENDMENTS TO NEW 3804(C).—Subsection
(c) of such section 3804, as so transferred and redesignated,
is amended—
(A) by inserting ‘‘APPLICABILITY.—’’ before ‘‘This’’; and
(B) by striking ‘‘subsection’’ and inserting ‘‘section’’.
(f) TRANSFER OF SUBSECTION (F) OF SECTION 2307.—
(1) TRANSFER.—Subsection (f) of section 2307 of title 10,
United States Code, is transferred to section 3805 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation and subsection heading; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (c), and (d), respectively.
(2) FURTHER INTERNAL REDESIGNATION AMENDMENTS TO
NEW 3805.—Such section 3805, as so amended, is further
amended by designating the second sentence of subsection (a)
as subsection (b).
(4) CONFORMING AMENDMENTS TO NEW 3805(A).—Subsection
(a) of such section, as so transferred and redesignated, is
amended—
(A) by inserting ‘‘TERMS AND CONDITIONS FOR PAYMENTS.—’’ before ‘‘Payments under’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4237

(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3801 of this title’’.
(4) CONFORMING AMENDMENT TO NEW 3805(B).—Subsection
(b) of such section, as designated by paragraph (2), is amended
by inserting ‘‘SECURITY FOR PAYMENTS.—’’ before ‘‘The head
of the agency’’.
(5) CONFORMING AMENDMENTS TO NEW 3805(C).—Subsection
(c) of such section, as so transferred and redesignated, is
amended—
(A) by inserting ‘‘LIMITATION ON ADVANCE PAYMENTS.—
’’ before ‘‘Advance payments’’; and
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3801 of this title’’.
(6) CONFORMING AMENDMENTS TO NEW 3805(D).—Subsection
(d) of such section, as so transferred and redesignated, is
amended—
(A) by inserting ‘‘NONAPPLICATION OF CERTAIN CONDITIONS.—’’ before ‘‘The conditions of’’;
(B) by striking ‘‘subsections (d) and (e)’’ and inserting
‘‘sections 3803 and 3804 of this title’’; and
(C) by striking ‘‘paragraphs (1) and (2)’’ and inserting
‘‘this section’’.
(g) TRANSFER OF SUBSECTION (I) OF SECTION 2307.—
(1) TRANSFER.—Subsection (i) of section 2307 of title 10,
United States Code, is transferred to section 3806 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation
and subsection heading.
(2) FURTHER INTERNAL REDESIGNATION AMENDMENTS TO
NEW 3806.—Such section 3806, as so amended, is further
amended—
(A) by redesignating paragraphs (1) through (9) as
subsections (b) through (j), respectively; and
(B) by transferring paragraph (10) to the beginning
of such section so as to appear before subsection (b), as
redesignated by subparagraph (A), and redesignating that
paragraph as subsection (a).
(3) CONFORMING AMENDMENTS TO NEW 3806(A).—Subsection
(a) of such section, as transferred and redesignated by paragraph (2)(B), is amended—
(A) by inserting ‘‘REMEDY COORDINATION OFFICIAL
DEFINED.—’’ before ‘‘In this’’; and
(B) by striking ‘‘this subsection’’ and inserting ‘‘this
section’’.
(4) CONFORMING AMENDMENT TO NEW 3806(B).—Subsection
(b) of such section, as transferred and redesignated by paragraphs (1) and (2)(A), is amended by inserting ‘‘RECOMMENDATION TO REDUCE OR SUSPEND PAYMENTS.—’’ before ‘‘In any
case’’.
(5) CONFORMING AMENDMENTS TO NEW 3806(C).—Subsection
(c) of such section, as transferred and redesignated by paragraphs (1) and (2)(A), is amended—
(A) by inserting ‘‘REDUCTION OR SUSPENSION OF PAYMENTS.—’’ before ‘‘The head of’’; and
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (b)’’.

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134 STAT. 4238

PUBLIC LAW 116–283—JAN. 1, 2021
(6) CONFORMING AMENDMENTS TO NEW 3806(D).—Subsection
(d) of such section, as transferred and redesignated by paragraphs (1) and (2)(A), is amended—
(A) by inserting ‘‘EXTENT OF REDUCTION OR SUSPENSION.—’’ before ‘‘The extent of’’; and
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (c)’’.
(7) CONFORMING AMENDMENTS TO NEW 3806(E).—Subsection
(e) of such section, as transferred and redesignated by paragraphs (1) and (2)(A), is amended—
(A) by inserting ‘‘WRITTEN JUSTIFICATION.—’’ before ‘‘A
written’’; and
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (c)’’.
(8) CONFORMING AMENDMENTS TO NEW 3806(F).—Subsection
(f) of such section, as transferred and redesignated by paragraphs (1) and (2)(A), is amended—
(A) by inserting ‘‘NOTICE.—’’ before ‘‘The head of an
agency shall’’; and
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (c)’’.
(9) CONFORMING AMENDMENTS TO NEW 3806(G).—Subsection
(g) of such section, as transferred and redesignated by paragraphs (1) and (2)(A), is amended—
(A) by inserting ‘‘REVIEW.—’’ before ‘‘Not later than’’;
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (c)’’; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(10) CONFORMING AMENDMENTS TO NEW 3806(H).—Subsection (h) of such section, as transferred and redesignated
by paragraphs (1) and (2)(A), is amended—
(A) by inserting ‘‘ANNUAL REPORT.—’’ before ‘‘The head
of’’; and
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (c)’’.
(11) REORDERING AND REDESIGNATION FOR TITLE 41 CONSISTENCY.—Subsections (i) and (j) of such section, as transferred
and redesignated by paragraphs (1) and (2)(A), are reversed
in order and are redesignated accordingly.
(12) CONFORMING AMENDMENTS TO NEW 3806(I).—Subsection
(i) of such section, as transferred and redesignated by paragraphs (1), (2)(A), and (11), is amended—
(A) by inserting ‘‘RESTRICTION ON DELEGATION.—’’
before ‘‘The head of’’; and
(B) by striking ‘‘this subsection’’ and inserting ‘‘this
section’’.
(13) CONFORMING AMENDMENTS TO NEW 3806(J).—Subsection
(j) of such section, as transferred and redesignated by paragraphs (1), (2)(A), and (11), is amended—
(A) by inserting ‘‘INAPPLICABILITY TO COAST GUARD.—
’’ before ‘‘This’’;
(B) by striking ‘‘subsection applies’’ and inserting ‘‘section applies’’; and
(C) by striking ‘‘section 2303(a)’’ and inserting ‘‘section
3063’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4239

(h) TRANSFER OF SUBSECTION (H) OF SECTION 2307.—Subsection
(h) of section 2307 of title 10, United States Code, is transferred
to section 3807 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘subsection (a)(1)’’ and inserting ‘‘section
3801(1) of this title’’.
SEC. 1835. CONTRACTOR AUDITS AND ACCOUNTING.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 279 and inserting the following:

10 USC 3841
prec.

‘‘CHAPTER 279—CONTRACTOR AUDITS AND
ACCOUNTING

10 USC 3841
prec.

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‘‘Sec.
‘‘3841. Examination of records of contractor.
‘‘3842. Performance of incurred cost audits.
‘‘3843. Contractor internal audit reports: Department of Defense access to, use of,
and safeguards and protections for.
‘‘3844. Contractor business systems.
‘‘3845. Contractor inventory accounting systems: standards.
‘‘3846. Defense Contract Audit Agency: legal resources and expertise.
‘‘3847. Defense Contract Audit Agency: annual report.
‘‘3848. Defense audit agencies: Small Business Ombudsmen.

‘‘§ 3841. Examination of records of contractor’’.
(b) TRANSFER OF SECTION 2313.—
(1) TRANSFER OF SUBSECTIONS (A) THROUGH (H).—Subsections (a) through (h) of section 2313 of title 10, United
States Code, are transferred to section 3841 of such title, as
added by subsection (a), inserted after the section heading,
and redesignated as subsections (b) through (i), respectively.
(2) TRANSFER OF SUBSECTION (I).—Subsection (i) of section
2313 of such title is transferred to section 3841 of such title,
as amended by paragraph (1), inserted before subsection (b),
as transferred and redesignated by paragraph (1), and redesignated as subsection (a).
(3) CONFORMING AMENDMENTS TO NEW 3841(B).—Subsection
(b) of such section 3841, as redesignated by paragraph (1),
is amended—
(A) by striking ‘‘AGENCY AUTHORITY.—(1) The head
of’’ and inserting ‘‘AGENCY AUTHORITY.—
‘‘(1) The head of’’;
(B) in paragraph (1)(A), by striking ‘‘made by that
agency under this chapter’’ and inserting ‘‘made by that
agency under a chapter 137 legacy provision’’;
(C) by realigning paragraph (2) 2 ems to the right;
and
(D) in paragraph (2), by striking ‘‘section 2306a’’ and
inserting ‘‘chapter 271’’.
(4) CONFORMING AMENDMENTS TO NEW 3841(C).—Subsection
(c) of such section 3841, as redesignated by paragraph (1),
is amended—
(A) by striking ‘‘AUTHORITY.—(1) The Director of’’ and
inserting ‘‘AUTHORITY.—

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134 STAT. 4240

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(1) AUTHORITY TO REQUIRE
RECORDS.—The Director of’’;

THE

PRODUCTION

OF

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(B) in paragraph (1), by striking ‘‘subsection (a)’’ and
inserting ‘‘subsection (b)’’;
(C) by realigning paragraphs (2) and (3) 2 ems to
the right;
(D) in paragraph (2), by inserting ‘‘ENFORCEMENT OF
SUBPOENA.—’’ before ‘‘Any such subpoena’’; and
(E) in paragraph (3), by inserting ‘‘AUTHORITY NOT
DELEGABLE.—’’ before ‘‘The authority provided by’’.
(5) CONFORMING AMENDMENTS TO NEW 3841(D).—Subsection
(d) of such section 3841, as redesignated by paragraph (1),
is amended—
(A) by striking ‘‘AUTHORITY.—(1) Except as’’ and
inserting ‘‘AUTHORITY.—
‘‘(1) IN GENERAL.—Except as’’;
(B) by realigning paragraphs (2) and (3) 2 ems to
the right;
(C) in paragraph (2), by inserting ‘‘EXCEPTION FOR
FOREIGN CONTRACTOR OR SUBCONTRACTOR.—’’ before ‘‘Paragraph (1) does not apply’’; and
(D) in paragraph (3), by inserting ‘‘ADDITIONAL
RECORDS NOT REQUIRED.—’’ before ‘‘Paragraph (1) may not’’.
(6) CONFORMING AMENDMENTS TO NEW 3841(F).—Subsection
(f) of such section 3841, as redesignated by paragraph (1),
is amended—
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’; and
(B) by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’.
(c) TRANSFER OF TITLE 10 SECTIONS.—Sections 2313b, 2410b,
2313a, and 204 of title 10, United States Code, are transferred
to chapter 279 of such title, as added by subsection (a), inserted
(in that order) after section 3841, as amended by subsection (b),
and redesignated as sections 3842, 3845, 3847, and 3848, respectively.
(d) AMENDMENTS TO TRANSFERRED SECTIONS.—
(1) Section 3842 of such title, as so transferred and redesignated, is amended by striking ‘‘section 2313a’’ in subsection
(g)(5) and inserting ‘‘section 3847’’.
(2) Section 3845 of such title, as so transferred and redesignated, is amended by striking ‘‘(as defined in section 103 of
title 41)’’ in subsection (c).
(3) Section 3847 of such title, as so transferred and redesignated, is amended by striking ‘‘section 2313b’’ in subsection
(d)(1) and inserting ‘‘section 3842’’.
(4) The heading of section 3848 of such title, as so transferred and redesignated, is amended to read as follows:
‘‘§ 3848. Defense audit agencies: Small Business Ombudsmen’’.
(e) PLACEHOLDER SECTIONS.—Chapter 279 of such title, as
added and amended by this section, is further amended—
(1) by inserting after section 3842, as transferred and
redesignated by subsection (c), the following:

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134 STAT. 4241

‘‘§ 3843. Contractor internal audit reports: Department of
Defense access to, use of, and safeguards and
protections for
‘‘øReserved.¿

10 USC 3843.

‘‘§ 3844. Contractor business systems
‘‘øReserved.¿’’; and
(2) by inserting after section 3845, as transferred and
redesignated by subsection (c), the following:

10 USC 3844.

‘‘§ 3846. Defense Contract Audit Agency: legal resources and
expertise
‘‘øReserved.¿’’.

10 USC 3846.

SEC. 1836. CLAIMS AND DISPUTES.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 281 and inserting the following:
‘‘CHAPTER 281—CLAIMS AND DISPUTES
‘‘Sec.
‘‘3861. Research and development contracts: indemnification provisions.
‘‘3862. Requests for equitable adjustment or other relief: certification.
‘‘3863. Retention of amounts collected from contractor during the pendency of contract dispute.’’.

10 USC 3861
prec.
10 USC 3861
prec.

(b) TRANSFER OF SECTIONS.—Sections 2354, 2410, and 2410m
of title 10, United States Code, are transferred to chapter 281
of such title, as added by subsection (a), inserted (in that order)
after the table of sections, and redesignated as sections 3861, 3862,
and 3863, respectively.
(c) HEADING AMENDMENT.—The heading of section 3861 of title
10, United States Code, as so transferred and redesignated, is
amended to read as follows:
‘‘§ 3861. Research and development contracts: indemnification provisions’’.
SEC. 1837. FOREIGN ACQUISITIONS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 283 and inserting the following:
‘‘CHAPTER 283—FOREIGN ACQUISITIONS
‘‘Subchapter Sec.
‘‘I. General ..............................................................................................................
‘‘II. Prohibition on Contracting with the Enemy .................................................

10 USC 3881
prec.
10 USC 3881
prec.

3881
3891

‘‘SUBCHAPTER I—GENERAL

10 USC 3881.

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‘‘Sec.
‘‘3881. Contracts: consideration of national security objectives.’’.

(b) TRANSFER OF SECTION 2327.—
(1) TRANSFER.—Section 2327 of title 10, United States
Code, is transferred to chapter 283 of such title, as added

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by subsection (a), inserted after the table of sections at the
beginning of subchapter I, and redesignated as section 3881.
(2) APPLICABILITY OF DEFINITIONS.—Such section is
amended in subsection (f)(2) by striking ‘‘This section does
not’’ and inserting ‘‘The provisions of section 3011 of this title
apply in this section, except that this section does not’’.
(c) FUTURE CODIFICATION OF SECTIONS 841-843 OF FY2015
NDAA.—Chapter 283 of title 10, United States Code, is further
amended by adding at the end the following:
10 USC 3901
prec.

‘‘Subchapter II—Prohibition on Contracting With the Enemy
‘‘Sec.
‘‘3891. øReserved¿.
‘‘3892. øReserved¿.
‘‘3893. øReserved¿.’’.
SEC. 1838. SOCIOECONOMIC PROGRAMS.

10 USC 3961
prec.
10 USC 3901
prec.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 287 and inserting the following:
‘‘CHAPTER 287—SOCIOECONOMIC PROGRAMS
‘‘Sec.
‘‘3901. Contracts: prohibition on competition between Department of Defense and
small businesses.
‘‘3902. Credit for Indian contracting in meeting certain subcontracting goals for
small disadvantaged businesses.
‘‘3903. Subcontracting plans: credit for certain purchases.
‘‘3904. Research and educational programs and activities: historically black colleges
and universities and minority-serving institutions of higher education.
‘‘3905. Products of Federal Prison Industries: procedural requirements.’’.

(b) TRANSFER OF SECTIONS.—Section 2304e, 2323a, 2410d, 2362,
and 2410n of such title are transferred to chapter 285 of such
title, as added by subsection (a), inserted (in that order) after
the table of sections, and redesignated as section 3901, 3902, 3903,
3904, and 3905, respectively.

Subtitle E—Research and Engineering
SEC. 1841. RESEARCH AND ENGINEERING GENERALLY.

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(a) SWITCHING OF SUBPARTS E AND F.—
(1) NEW SUBPART E.—Part V of subtitle A of title 10,
United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232), is amended—
(A) by striking subparts E and F; and
(B) by inserting after subpart D the following new
subpart E:
10 USC 4001
prec.

‘‘Subpart E—Research and Engineering

10 USC 4001
prec.

‘‘CHAPTER 301— RESEARCH AND ENGINEERING
GENERALLY
‘‘Sec.
‘‘4001. Research and development projects.

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134 STAT. 4243

‘‘4002. Research projects: transactions other than contracts and grants.
‘‘4003. Authority of the Department of Defense to carry out certain prototype
projects.
‘‘4004. Procurement for experimental purposes.
‘‘4005. øReserved¿.
‘‘4006. øReserved¿.
‘‘4007. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development,
test, and evaluation.
‘‘4008. Merit-based award of grants for research and development.
‘‘4009. Technology protection features activities.
‘‘4010. øReserved¿.
‘‘4011. øReserved¿.
‘‘4012. øReserved¿.
‘‘4013. øReserved¿.
‘‘4014. Coordination and communication of defense research activities and technology domain awareness.
‘‘4015. Award of grants and contracts to colleges and universities: requirement of
competition.’’.

(2) TABLES OF CHAPTERS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are amended by
striking the items relating to subparts E and F and inserting
the following:

10 USC 101 prec.,
3001 prec.

‘‘Subpart E—Research and Engineering

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‘‘301.
‘‘303.
‘‘305.
‘‘307.
‘‘309.

Research and Engineering Generally
Innovation
Department of Defense Laboratories
Research and Development Centers and Facilities
Test and Evaluation’’.

(b) TRANSFER OF TITLE 10 SECTIONS TO NEW CHAPTER 301.—
(1) TRANSFERS.—Sections 2358, 2371, 2371b and 2373 of
title 10, United States Code, are transferred to chapter 301
of such title, as added by subsection (a), inserted (in that
order) after the table of sections, and redesignated as sections
4001, 4002, 4003, and 4004, respectively.
(2) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(A) Section 4001 of such title, as transferred and
redesignated by paragraph (1), is amended—
(i) in subsection (b)(5), by striking ‘‘sections 2371
or 2371b’’ and inserting ‘‘sections 4002 or 4003’’;
(ii) in subsection (b)(6), by striking ‘‘section 2373’’
and inserting ‘‘sections 4004’’; and
(iii) in subsection (d), by striking ‘‘sections 2371
and 2371a’’ and inserting ‘‘sections 4002 and 4143’’.
(B) Section 4002 of such title, as so transferred and
redesignated, is amended by striking ‘‘section 2358’’ each
place it appears and inserting ‘‘section 4001’’.
(C) Section 4003 of such title, as so transferred and
redesignated, is amended by striking ‘‘section 2371’’ in subsections (a)(1), (b)(1), and (c)(3)(A) and inserting ‘‘section
4002’’.
(c) TRANSFER OF ADDITIONAL TITLE 10 SECTIONS TO NEW
CHAPTER.—Sections 2359, 2374, 2357, and 2361 of title 10, United
States Code, are transferred to chapter 301 of such title, as added
by subsection (a), added (in that order) after section 4004, as transferred and redesignated by subsection (b), and redesignated as
sections 4007, 4008, 4009, and 4015, respectively.
(d) TRANSFER OF SECTION 2364(A).—
(1) TRANSFER.—The heading and subsection (a) of section
2364 of title 10, United States Code, are transferred to chapter

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134 STAT. 4244

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301 of such title, as so amended, inserted after section 4009,
as transferred and redesignated by subsection (c), and redesignated as section 4014.
(2) PRESERVATION OF DEFINITION.—Section 4014, as
redesignated by paragraph (1), is amended by adding at the
end the following new subsection:
‘‘(b) DEFENSE RESEARCH FACILITY DEFINED.—In this section,
the term ‘Defense research facility’ has the meaning given that
term by section 4142(b) of this title.’’.
(e) ADDITIONAL CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Sections 1746(d)(1) and 2165(f)(1) of title 10, United
States Code, are amended by striking ‘‘section 2358’’ and
inserting ‘‘section 4001’’.
(2) Section 218(b)(1) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2501
note) is amended by striking ‘‘section 2371b’’ and inserting
‘‘section 4003’’.
SEC. 1842. INNOVATION.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 301, as added by the
preceding section, the following new chapter:
10 USC 4061
prec.

‘‘CHAPTER 303—INNOVATION
‘‘Sec.
‘‘4061.
‘‘4062.
‘‘4063.
‘‘4064.
‘‘4065.
‘‘4066.

Defense Research and Development Rapid Innovation Program.
Defense Acquisition Challenge Program.
Extramural acquisition innovation and research activities.
Joint reserve detachment of the Defense Innovation Unit.
Prizes for advanced technology achievements.
Global Research Watch Program.’’.

(b) TRANSFER OF TITLE 10 SECTIONS.—Sections 2359a, 2359b,
2361a, 2358b, 2374a, and 2365 of title 10, United States Code,
are transferred to chapter 303 of such title, as added by subsection
(a), inserted (in that order) after the table of sections, and redesignated as sections 4061, 4062, 4063, 4064, 4065, and 4066, respectively.
(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 1089(a) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2374a
note) is amended by striking ‘‘section 2374a’’ and inserting
‘‘section 4065’’.
(2) Section 905(a)(1) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 10 U.S.C. 2364 note) is amended by striking ‘‘section
2365’’ and inserting ‘‘section 4066’’.

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SEC. 1843. DEPARTMENT OF DEFENSE LABORATORIES.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 303, as added by the
preceding section, the following new chapter:

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134 STAT. 4245

‘‘CHAPTER 305—DEPARTMENT OF DEFENSE
LABORATORIES

10 USC 4103
prec.

‘‘Subchapter
‘‘I. General Matters ...............................................................................................
‘‘II. Personnel-Related Matters .............................................................................

Sec.
4101
4111

‘‘SUBCHAPTER I—GENERAL MATTERS
‘‘Sec.
‘‘4101. øReserved¿.
‘‘4102. øReserved¿.
‘‘4103. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

‘‘SUBCHAPTER II—PERSONNEL-RELATED MATTERS
‘‘Sec.
‘‘4111. Authorities for certain positions at science and technology reinvention laboratories.
‘‘4112. Research and development laboratories: contracts for services of university
students.’’.

10 USC 4103
prec.

10 USC 4111
prec.

(b) TRANSFER OF TITLE 10 SECTIONS.—
(1) TRANSFER TO SUBCHAPTER I.—Section 2363 of title 10,
United States Code, is transferred to subchapter I of chapter
305 of such title, as added by subsection (a), inserted after
the table of sections at the beginning of such subchapter, and
redesignated as section 4103.
(2) TRANSFERS TO SUBCHAPTER II.—Sections 2358a and 2360
of title 10, United States Code, are transferred to subchapter
II of chapter 305 of such title, as added by subsection (a),
inserted (in that order) after the table of sections at the beginning of such subchapter, and redesignated as sections 4111
and 4112, respectively.
(c) CONFORMING CROSS-REFERENCE AMENDMENT.—Section
2805(d)(1)(B) of title 10, United States Code, is amended by striking
‘‘section 2363(a)’’ and inserting ‘‘section 4103(a)’’.
SEC. 1844. RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 305, as added by the
preceding section, the following new chapter:
‘‘CHAPTER 307—RESEARCH AND DEVELOPMENT
CENTERS AND FACILITIES

10 USC 4141
prec.

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‘‘Sec.
‘‘4141. Contracts: acquisition, construction, or furnishing of test facilities and equipment.
‘‘4142. Functions of Defense research facilities.
‘‘4143. Cooperative research and development agreements under Stevenson-Wydler
Technology Innovation Act of 1980.
‘‘4144. Use of test and evaluation installations by commercial entities.
‘‘4145. Cooperative agreements for reciprocal use of test facilities: foreign countries
and international organizations.
‘‘4146. Centers for Science, Technology, and Engineering Partnership.
‘‘4147. Use of federally funded research and development centers.’’.

(b) TRANSFER OF TITLE 10 SECTIONS.—
(1) IN GENERAL.—The sections of title 10, United States
Code, specified in the left-hand column of the table below

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134 STAT. 4246

PUBLIC LAW 116–283—JAN. 1, 2021
are transferred to chapter 307 of such title, as added by subsection (a), inserted (in that order), after the table of sections,
and redesignated as shown in the right-hand column:

10 USC 2350a.

10 USC 2661
prec.

10 USC 4142.

Section

Redesignated Section

2353
2371a
2681
2350l
2368
2367

4141
4143
4144
4145
4146
4147

(2) CLERICAL AMENDMENTS.—
(A) The table of sections at the beginning of subchapter
II of chapter 138 of title 10, United States Code, is amended
by striking the item relating to section 2350l.
(B) The table of sections at the beginning of chapter
159 of such title is amended by striking the item relating
to section 2681.
(c) CONFORMING AMENDMENTS TO TRANSFERRED SECTION
4146.—Section 4146 of such title, as transferred and redesignated
by subsection (b), is amended—
(1) in subsection (b)(3)(B)(ii), by striking ‘‘2358, 2371, 2511,
2539b,’’ and inserting ‘‘4001, 4002, 4831, 4892,’’; and
(2) in subsection (d)(2), by striking ‘‘section 219’’ and all
that follows and inserting ‘‘section 4103 of this title.’’.
(d) TRANSFER OF SECTION 2364(B) AND (C).—
(1) HEADING.—Chapter 307 of title 10, United States Code,
as amended by subsection (a), is further amended by inserting
after section 4141, as transferred and redesignated by subsection (b), the following:
‘‘§ 4142. Functions of Defense research facilities’’.
(2) TEXT.—Subsections (b) and (c) of section 2364 of such
title are transferred to chapter 307 of such title, as so amended,
inserted after the section heading for section 4142 added by
paragraph (1), and redesignated as subsections (a) and (b),
respectively.
(e) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 114(b) of title 10, United States Code, is
amended by striking ‘‘section 2353’’ and inserting ‘‘section
4141’’.
(2) Section 1644(f)(2) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 10 U.S.C. 2224 note) is amended by striking ‘‘section
2368’’ and inserting ‘‘section 4146’’.

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SEC. 1845. TEST AND EVALUATION.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 307, as added by the
preceding section, the following new chapter:

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134 STAT. 4247

‘‘CHAPTER 309—TEST AND EVALUATION
‘‘Sec.
‘‘4171. Operational test and evaluation of defense acquisition programs.
‘‘4172. Major systems and munitions programs: survivability testing and lethality
testing required before full-scale production.
‘‘4173. Department of Defense Test Resource Management Center.’’.

(b) TRANSFER OF TITLE 10 SECTIONS.—Sections 2399, 2366,
and 196 of title 10, United States Code, are transferred to chapter
309 of such title, as amended by subsection (a), inserted after
the table of sections (in that order), and redesignated as section
4171, 4172, and 4173, respectively.
(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 139(b)(6) of title 10, United States Code, is
amended by striking ‘‘section 2366’’ and inserting ‘‘section
4172’’.
(2) Section 171a(i)(3) of such title is amended by striking
‘‘section 2366(e)’’ and inserting ‘‘sections 4172(e)’’.
(3) Section 2275(g)(3) of such title is amended by striking
‘‘section 2366(e)(7)’’ and inserting ‘‘sections 4172(e)(7)’’.
(4) Section 130i(j)(3)(C)(ix) of such title is amended by
striking ‘‘section 196(i)’’ and inserting ‘‘sections 4173(i)’’.
(5) Section 4111 of such title, as transferred and redesignated by section 503(b)(2), is amended by striking ‘‘section
196’’ in subsection (f)(1) and inserting ‘‘section 4173’’.
(6) Section 220(c) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 221
note) is amended by striking ‘‘section 196(h)’’ and inserting
‘‘sections 4173(i)’’.

Subtitle F—Major Systems, Major Defense
Acquisition Programs, and Weapon Systems Development
SEC. 1846. GENERAL MATTERS.

(a) TABLES OF CHAPTERS AMENDMENTS SHOWING CHAPTER
ORGANIZATION FOR SUBPART F.—The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle
A (as added by section 801 of Public Law 115–232), of title 10,
United States Code, are amended by inserting before the item
for the heading for subpart G of part V the following:

10 USC 101 prec.,
3001 prec.

‘‘Subpart F—Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development

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‘‘321.
‘‘322.
‘‘323.
‘‘324.
‘‘325.
‘‘327.

General Matters
Major Systems and Major Defense Acquisition Programs Generally
Life-Cycle And Sustainment
Program Status—Selected Acquisition Reports
Cost Growth—Unit Cost Reports (Nunn-McCurdy)
Weapon Systems Development and Related Matters’’.

(b) DESIGNATION OF REVISED SUBPART F AND INSERTION OF
NEW CHAPTER 321.—Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–

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232), is amended by inserting before subpart G the following new
subpart:
10 USC 4201
prec.

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10 USC 4201
prec.

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‘‘Subpart F—Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development
‘‘CHAPTER 321—GENERAL MATTERS
‘‘Sec.
‘‘4201. Major defense acquisition programs: definition; exceptions.
‘‘4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems.
‘‘4203. Major subprograms.
‘‘4204. Milestone decision authority.
‘‘4205. Weapon systems for which procurement funding requested in budget: development and procurement schedules.

10 USC 4201.

‘‘§ 4201. Major defense acquisition programs: definition;
exceptions

10 USC 4202.

‘‘§ 4202. Authority to increase definitional threshold amounts:
major defense acquisition programs; major systems

10 USC 4204.

‘‘§ 4204. Milestone decision authority’’.
(c) TRANSFER OF SUBSECTION (A) OF SECTION 2430.—
(1) HEADINGS AND INTERNAL REDESIGNATIONS.—Subsection
(a) of section 2430 of title 10, United States Code, is transferred
to section 4201 of such title, as added by subsection (b), inserted
after the section heading, and amended—
(A) by striking ‘‘(1) Except as’’ and inserting ‘‘DEFINITION.—Except as’’;
(B) by striking ‘‘under paragraph (2)’’ and inserting
‘‘under subsection (b)’’;
(C) by striking ‘‘in this chapter’’ and inserting ‘‘in this
part’’;
(D) by redesignating paragraph (2) as subsection (b)
and striking ‘‘In this chapter’’ and inserting ‘‘EXCEPTIONS.—
In this part’’; and
(E) by redesignating subparagraphs (A) and (B) of subsection (a) and of subsection (b), as so redesignated, as
paragraphs (1) and (2), respectively.
(2) REVISIONS TO NEW SECTION 4201(A)(2).—Subsection (a)(2)
of such section 4201, as redesignated and amended by paragraph (1), is amended—
(A) by striking ‘‘to require an eventual’’ and inserting
‘‘to require—
‘‘(A) an eventual’’; and
(B) by striking ‘‘or an eventual’’ and inserting ‘‘; or
‘‘(B) an eventual’’.
(3) REVISIONS TO NEW SECTION 4201(B).—Subsection (b) of
such section 4201, as redesignated and amended by paragraph
(1)(D), is amended—
(A) by striking ‘‘include—’’ and inserting ‘‘include the
following:’’;
(B) by striking ‘‘an’’ at the beginning of paragraphs
(1) and (2), as redesignated by paragraph (1)(E) and
inserting ‘‘An’’; and

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134 STAT. 4249

(C) by striking ‘‘; or’’ at the end of paragraph (1),
as so redesignated, and inserting a period.
(d) TRANSFER OF SUBSECTIONS (B) AND (C) OF SECTION 2430.—
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsections
(b) and (c) of section 2430 of title 10, United States Code,
are transferred to section 4202 of such title, as added by subsection (b), inserted after the section heading, and amended—
(A) by redesignating subsection (b) as subsection (a);
(B) by striking the second sentence of that subsection;
and
(C) by redesignating subsection (c) as paragraph (2),
realigning that paragraph 2 ems to the right, and redesignating paragraphs (1), (2), (3), and (4) therein as subparagraphs (A), (B), (C), and (D), respectively.
(2) Subsection (a) of such section, as so redesignated, is
further amended—
(A) by striking ‘‘The Secretary’’ and inserting ‘‘ADJUSTMENTS TO THRESHOLDS FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.—
‘‘(1) AUTHORITY.—The Secretary’’;
(B) by striking ‘‘in subsection (a)(1)(B)’’ and inserting
‘‘in section 4201(a)(2) of this title’’;
(C) in paragraph (2), as redesignated by paragraph
(1)(C)—
(i) by inserting ‘‘MATTERS TO BE CONSIDERED.—
’’ before ‘‘For purposes of’’;
(ii) by striking ‘‘subsection (a)(1)(B)’’ and inserting
‘‘section 4201(a)(2) of this title’’;
(iii) in subparagraph (B), as redesignated by paragraph (1)(C), by striking ‘‘section 2366a(a)(6)’’ and
inserting ‘‘section 4251(a)(6)’’;
(iv) in subparagraph (C), as so redesignated, by
striking ‘‘section 2366b(a)(1)(C)’’ and inserting ‘‘section
4252(a)(1)(C)’’; and
(v) in subparagraph (D), as so redesignated, by
striking ‘‘section 2435’’ and inserting ‘‘section 4214’’.
(e) TRANSFER OF SUBSECTION (C) OF SECTION 2302D.—
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsection
(c) of section 2302d of title 10, United States Code, is transferred to section 4202 of such title, as added by subsection
(b), inserted after subsection (a) of that section, as transferred
and amended by subsection (d), and amended—
(A) by redesignating such subsection as subsection (b);
and
(B) by redesignating paragraph (3) thereof as subsection (c).
(2) AMENDMENTS TO NEW 4202(B).—Subsection (b) of section
4202 of such title, as so transferred and redesignated, is
amended—
(A) by striking ‘‘ADJUSTMENT AUTHORITY.—(1) The Secretary’’ and inserting ‘‘ADJUSTMENT AUTHORITY FOR MAJOR
SYSTEMS.—
‘‘(1) AUTHORITY.—The Secretary’’;
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section
3041(c)(1) of this title’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021
(C) by realigning paragraph (2) 2 ems from the left
margin and inserting ‘‘ROUNDING.—’’ in that paragraph
after ‘‘(2)’’.
(3) AMENDMENTS TO NEW 4202(C).—Subsection (c) of section
4202 of such title, as redesignated by paragraph (1), is
amended—
(A) by inserting ‘‘NOTIFICATION TO CONGRESSIONAL
COMMITTEES.—’’ before ‘‘An adjustment’’; and
(B) by striking ‘‘under this subsection’’ and inserting
‘‘under subsection (a) or (b)’’.
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2430.—
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsection
(d) of section 2430 of title 10, United States Code, is transferred
to section 4204 of such title, as added by subsection (b), inserted
after the section heading, and amended by striking the subsection designation and redesignating paragraphs (1), (2), (3),
(4), and (5) as subsections (a), (b), (c), (d), and (f), respectively.
(2) AMENDMENTS TO NEW SECTION 4204(A).—Subsection (a)
of such section 4204, as transferred and redesignated by paragraph (1), is amended—
(A) by inserting ‘‘SERVICE ACQUISITION EXECUTIVE.—
’’ before ‘‘The milestone’’; and
(B) by striking ‘‘under paragraph (2)’’ and inserting
‘‘under subsection (b)’’.
(3) AMENDMENTS TO NEW SECTION 4204(B).—Subsection (b)
of such section 4204, as redesignated by paragraph (1), is
amended—
(A) by inserting ‘‘DESIGNATION OF ALTERNATE MILESTONE DECISION AUTHORITY.—’’ before ‘‘The Secretary’’;
(B) by striking ‘‘to which—’’ and inserting ‘‘to which
any of the following applies:’’;
(C) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively;
(D) in paragraph (1), as so redesignated, by striking
‘‘subject to paragraph (5)’’ and inserting ‘‘Subject to subsection (f)’’;
(E) in paragraph (3), as so redesignated, by striking
‘‘section 2433’’ and inserting ‘‘sections 4371 through 4375’’;
(F) by striking ‘‘the’’ at the beginning of paragraphs
(2), (3), (4), and (5), as so redesignated, and inserting
‘‘The’’;
(G) by striking the semicolon at the end of paragraphs
(1), (2), and (3), as so redesignated, and inserting a period;
and
(H) by striking ‘‘; or’’ at the end of paragraph (4),
as so redesignated, and inserting a period.
(4) AMENDMENTS TO NEW SECTION 4204(C).—Subsection (c)
of section 4204 of such title, as so redesignated, is amended—
(A) by striking ‘‘(A) After designating’’ and inserting
‘‘REVERSION TO SERVICE ACQUISITION EXECUTIVE.—
‘‘(1) After designating’’;
(B) by striking ‘‘under paragraph (2)’’ and inserting
‘‘under subsection (b)’’; and
(C) by redesignating subparagraph (B) as paragraph
(2), realigning that paragraph 2 ems from the left margin,
and striking ‘‘section 2433’’ and inserting ‘‘sections 4371
through 4375’’.

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134 STAT. 4251

(5) AMENDMENTS TO NEW SECTION 4204(D).—Subsection (d)
of section 4204 of such title, as so redesignated, is amended—
(A) by striking ‘‘(A) For each’’ and inserting ‘‘CERTIFICATIONS RELATING TO
FUNDING.—For each’’;

PROGRAM

REQUIREMENTS

AND

(B) by redesignating subparagraph (B) as subsection
(e);

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(C) by striking ‘‘under section 2432 of this title, certify
that’’ and inserting ‘‘under sections 4351 through 4358
of this title—
‘‘(1) certify that’’; and
(D) by striking ‘‘the program and identify and report’’
and inserting ‘‘the program; and
‘‘(2) identify and report’’.
(6) AMENDMENTS TO NEW SECTION 4204(E).—Subsection (e)
of section 4204 of such title, as redesignated by paragraph
(5)(B), is amended—
(A) by inserting ‘‘DOCUMENTATION AND OVERSIGHT—
’’ before ‘‘The Secretary of Defense’’;
(B) by striking ‘‘programs and shall limit outside
requirements’’ and inserting ‘‘programs and shall—
‘‘(1) limit outside requirements’’; and
(C) by striking ‘‘decision authority and ensure that’’
and inserting ‘‘decision authority; and
‘‘(2) ensure that’’.
(7) AMENDMENTS TO NEW SECTION 4204(F).—Subsection (f)
of section 4204 of such title, as redesignated by paragraph
(1), is amended—
(A) by inserting ‘‘LIMITATION ON AUTHORITY TO DESIGNATE ALTERNATIVE MDA FOR PROGRAMS ADDRESSING
JOINT REQUIREMENTS.—’’ before ‘‘The authority of’’; and
(B) by striking ‘‘in paragraph (2)(A)’’ and inserting
‘‘in subsection (b)(1)’’.
(8) CONFORMING REPEAL.—Section 2430 of title 10, United
States Code, is repealed.
(g) TRANSFER OF SECTION 2430A.—Section 2430a of such title
is transferred to chapter 321 of such title, as added by subsection
(b), inserted after section 4202, redesignated as section 4203, and
amended—
(1) by striking ‘‘section 2432(a)’’ in subsection (d) and
inserting ‘‘section 4351’’; and
(2) by striking ‘‘this chapter’’ each place it appears and
inserting ‘‘this subpart’’.
(h) TRANSFER OF SECTION 2431.—
(1) Section 2431 of such title is transferred to chapter
321, as added by subsection (b), added at the end, and redesignated as section 4205.
(2) The heading of such section is amended to read as
follows:
‘‘§ 4205. Weapon systems for which procurement funding
requested in budget: development and procurement schedules’’.
(i) CROSS REFERENCES.—The following provisions of law are
amended by striking ‘‘section 2430’’ or ‘‘section 2430(a)’’, as the
case may be, and inserting ‘‘section 4201’’:
(1) Section 139(a)(2)(B) of title 10, United States Code.

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PUBLIC LAW 116–283—JAN. 1, 2021
(2) Section 189(c)(1) of such title.
(3) Section 1706(c)(1) of such title.
(4) Sections 1731(b)(1)(B)(ii) and 1737(a)(3) of such title.
(5) Section 2275(g)(2) of such title.
(6) Section 141(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
50 U.S.C. 1521a).

SEC. 1847. MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115232), is amended by inserting after chapter 321, as added by the
preceding section, the following new chapter:
10 USC 4211
prec.

‘‘CHAPTER 322—MAJOR SYSTEMS AND MAJOR DEFENSE
ACQUISITION PROGRAMS GENERALLY
‘‘Subchapter
‘‘I. Management .....................................................................................................
‘‘II. Contracting ......................................................................................................
‘‘III. Milestones for Major Defense Acquisition Programs ..................................
‘‘IV. Additional Provisions Applicable Specifically to Major Defense Acquisition Programs ...........................................................................................
‘‘III. Contractors .....................................................................................................

10 USC 4211
prec.

10 USC 4231
prec.

4271
4291

‘‘SUBCHAPTER I—MANAGEMENT
‘‘Sec.
‘‘4211.
‘‘4212.
‘‘4213.
‘‘4214.
‘‘4215.
‘‘4216.
‘‘4217.
‘‘4218.

Acquisition strategy.
Risk management and mitigation.
øReserved¿.
Baseline description.
øReserved¿.
øReserved¿.
øReserved¿.
øReserved¿.

‘‘SUBCHAPTER II—CONTRACTING
‘‘Sec.
‘‘4231. Major systems: determination of quantity for low-rate initial production.
‘‘4232. Use of lowest price technically acceptable source selection process: prohibition.
‘‘4233. øReserved¿.
‘‘4234. øReserved¿.
‘‘4235. øReserved¿.
‘‘4236. Negotiation of price for technical data before development, production, or
sustainment of major weapon systems.

‘‘SUBCHAPTER III—MILESTONES FOR MAJOR DEFENSE
ACQUISITION PROGRAMS

10 USC 4251
prec.

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Sec.
4211
4231
4251

‘‘Sec.
‘‘4251. Major defense acquisition programs: determination required before Milestone
A approval.
‘‘4252. Major defense acquisition programs: certification required before Milestone B
approval.
‘‘4253. Major defense acquisition programs: submissions to Congress on Milestone
C.
‘‘4254. øReserved¿.

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134 STAT. 4253

‘‘SUBCHAPTER IV—ADDITIONAL PROVISIONS APPLICABLE
SPECIFICALLY TO MAJOR DEFENSE ACQUISITION PROGRAMS

10 USC 4271
prec.

‘‘Sec.
‘‘4271. Program cost, fielding, and performance goals in planning major defense acquisition programs.
‘‘4272. Independent technical risk assessments.
‘‘4273. Performance assessments and root cause analyses.
‘‘4274. Acquisition-related functions of chiefs: adherence to requirements in major
defense acquisition programs.
‘‘4275. øReserved¿.
‘‘4276. øReserved¿.

‘‘SUBCHAPTER V—CONTRACTORS

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‘‘Sec.
‘‘4291. øReserved¿.
‘‘4292. Contracts: limitations on lead system integrators.
‘‘4293. Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States.’’.

10 USC 4292
prec.

(b) SUBCHAPTER I (MANAGEMENT).—
(1) TRANSFER OF SECTION 2431A.—
(A) TRANSFER.—Section 2431a of 10, United States
Code, is transferred to chapter 322, as added by subsection
(a), inserted after the table of sections at the beginning
of subchapter I, and redesignated as section 4211.
(B) CONFORMING CROSS-REFERENCE AMENDMENTS.—
Such section is amended—
(i) in subsection (c)(2)—
(I) in subparagraph (D), by striking ‘‘section
2337’’ and inserting ‘‘section 4324’’;
(II) in subparagraph (F), by striking ‘‘section
2320’’ and inserting ‘‘sections 3771 through 3775’’;
and
(III) in subparagraph (H), by striking ‘‘section
2306b’’ and inserting ‘‘sections 3501 through 3511’’;
and
(ii) in subsection (e)—
(I) in paragraph (4), by striking ‘‘section
2366(e)(7)’’ and inserting ‘‘section 4172(e)(7)’’;
(II) in paragraph (7), by striking ‘‘section
2433(a)(4)’’ and inserting ‘‘section 4371(a)(2)’’; and
(III) in paragraph (8), by striking ‘‘section
2433(a)(5)’’ and inserting ‘‘section 4371(a)(3)’’.
(C) DEFINITIONS.—Subsection (e) of such section is further amended—
(i) by striking paragraphs (1) and (2); and
(ii) redesignating paragraphs (3) through (10) (as
amended by subparagraph (B)(ii)) as paragraphs (1)
through (8), respectively;
(2) TRANSFER OF SECTION 2440.—
(A) TRANSFER.—The text of section 2440 of title 10,
United States Code, is transferred to section 4211 of such
title, as transferred and redesignated by paragraph (1),
inserted at the end of subsection (c), designated as paragraph (3), and amended by striking ‘‘section 2501’’ and
inserting ‘‘section 4811’’.
(B) CROSS-REFERENCE.—Subsection (c)(2)(B) of such
section 4211 is amended by striking ‘‘section 2440 of this
title’’ and inserting ‘‘paragraph (3)’’;

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(3) TRANSFER OF SECTION 2431B.—Section 2431b of such
title is transferred to chapter 322 of such title, as added by
subsection (a), inserted after section 4211, as transferred and
redesignated by paragraph (1) and amended by paragraph (2),
redesignated as section 4212, and amended—
(A) in subsection (a), by striking ‘‘section 2431a’’ and
inserting ‘‘section 4211’’; and
(B) in subsection (d)—
(i) by striking ‘‘DEFINITIONS.—’’ and all that follows
through ‘‘The term’’ and inserting ‘‘CONCURRENCY
DEFINED.—In this section, the term’’; and
(ii) by striking paragraph (2).
(4) TRANSFER OF SECTION 2435.—Section 2435 of title 10,
United States Code, is transferred to chapter 322 of such title,
as added by subsection (a), inserted after section 4212, as
transferred and redesignated by paragraph (3), redesignated
as section 4214, and amended—
(A) in subsections (a)(2) and (d)(2), by striking ‘‘section
2433’’ and inserting ‘‘sections 4371 through 4375’’; and
(B) in subsection (d)—
(i) in paragraph (1), by striking ‘‘In this chapter’’
and inserting ‘‘In this subpart’’;
(ii) in paragraph (2), by striking ‘‘subsection (d)
of such section’’ and inserting ‘‘section 4374 of this
title’’; and
(iii) in paragraph (3), by striking ‘‘section 2432’’
and inserting ‘‘sections 4351 through 4358’’.
(c) SUBCHAPTER II (CONTRACTING).—
(1) TRANSFER OF SECTION 2400.—
(A) Section 2400 of title 10, United States Code, is
transferred to chapter 322 of such title, as added by subsection (a), inserted after the table of sections at the beginning of subchapter II, redesignated as section 4231, and
amended—
(i) in subsection (a)(5), by striking ‘‘section 2432’’
and inserting ‘‘sections 4351 through 4358’’; and
(ii) in subsection (b)(1), by striking ‘‘section 2399’’
and inserting ‘‘section 4171’’.
(B) The heading of such section is amended to read
as follows:
‘‘§ 4231. Major systems: determination of quantity for lowrate initial production’’.
(2) TRANSFER OF SECTION 2442.—Section 2442 of such title
is transferred to chapter 322 of such title, as added by subsection (a), inserted after section 4231, as transferred and
redesignated by paragraph (1), redesignated as section 4232,
and amended in subsection (b) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(3) TRANSFER OF SECTION 2439.—Section 2439 of title 10,
United States Code, is transferred to chapter 322, as added
by subsection (a), inserted after section 4232, as transferred
and redesignated by paragraph (2), and redesignated as section
4236.
(d) SUBCHAPTER III (MILESTONES).—
(1) TRANSFER OF SECTION 2366A.—

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134 STAT. 4255

(A) TRANSFER.—Section 2366a of title 10, United States
Code, is transferred to chapter 322 of such title, as added
by subsection (a), inserted after the table of sections at
the beginning of subchapter III, and redesignated as section
4251.
(B) AMENDMENTS TO SUBSECTION (B).—Subsection (b)
of such section is amended—
(i) in paragraph (4), by striking ‘‘section
2448b(a)(1)’’ and inserting ‘‘section 4272(a)(1)’’; and
(ii) in paragraph (8), by striking ‘‘subchapter II
of chapter 144B’’ and inserting ‘‘subchapter II of
chapter 327’’.
(C) AMENDMENTS TO SUBSECTION (C).—Subsection (c)(1)
of such section is amended—
(i) in subparagraph (A), by striking ‘‘section
2448a(a)’’ and inserting ‘‘section 4271(a)’’;
(ii) in subparagraph (C), by striking ‘‘section
2334(a)(6)’’ and inserting ‘‘section 3221(b)(6)’’; and
(iii) in subparagraph (E), by striking ‘‘section
2448b’’ and inserting ‘‘section 4272’’.
(D) AMENDMENTS TO SUBSECTION (D).—Subsection (d)
of such section is amended—
(i) by striking paragraphs (1) and (6) and redesignating paragraphs (2), (3), (4), (5), (7), (8), (9), and
(10) as paragraphs (1), (2), (3), (4), (5), (6), (7), and
(8), respectively;
(ii) in paragraph (3) (as so redesignated), by
striking ‘‘section 2366(e)(7)’’ and inserting ‘‘section
4172(e)(7)’’;
(iii) in paragraph (6) (as so redesignated), by
striking ‘‘section 2448a(a)’’ and inserting ‘‘section
4271(a)’’; and
(iv) in paragraph (7) (as so redesignated), by
striking ‘‘section 2446a(b)(3)’’ and inserting ‘‘section
4401(b)(3)’’.
(2) TRANSFER OF SECTION 2366B.—
(A) TRANSFER.—Section 2366b of title 10, United States
Code, is transferred to chapter 322 of such title, inserted
after section 4251, as transferred and redesignated by paragraph (1), and redesignated as section 4252.
(B) AMENDMENTS TO SUBSECTION (A).—Subsection (a)
of such section is amended—
(i) in paragraph (2), by striking ‘‘section 2448b’’
and inserting ‘‘section 4272’’; and
(ii) in paragraph (3)—
(I) in subparagraph (D), by striking ‘‘section
2435’’ and ‘‘section 2448a(a)’’ and inserting ‘‘section
4214 of this title’’ and ‘‘section 4271(a)’’, respectively; and
(II) in subparagraph (N), by striking ‘‘section
2446b(e)’’ and inserting ‘‘section 4402(e)’’.
(C) AMENDMENTS TO SUBSECTION (C).—Subsection (c)
of such section is amended—
(i) in paragraph (1)—
(I) in subparagraph (A), by striking ‘‘section
2448a(a)’’ and inserting ‘‘section 4271(a)’’;

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134 STAT. 4256

PUBLIC LAW 116–283—JAN. 1, 2021

(II) in subparagraph (C), by striking ‘‘section
2334(a)(6)’’ and inserting ‘‘section 3221(b)(6)’’; and
(III) in subparagraph (E), by striking ‘‘section
2448b’’ and inserting ‘‘section 4272’’; and
(ii) in paragraph (2)(A), by striking ‘‘section 2432’’
and inserting ‘‘sections 4351 through 4358’’.
(D) AMENDMENTS TO SUBSECTION (D).—Subsection (d)(3)
of such section is amended by striking ‘‘section 2433a(c)’’
and inserting ‘‘section 4377’’.
(E) AMENDMENTS TO SUBSECTION (G).—Subsection (g)
of such section is amended—
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), respectively;
(ii) in paragraph (2) (as so redesignated), by
striking ‘‘section 2366(e)(7)’’ and inserting ‘‘section
4172(e)(7)’’;
(iii) in paragraph (4) (as so redesignated), by
striking ‘‘section 2448a(a)’’ and inserting ‘‘section
4271(a)’’; and
(iv) in paragraph (5) (as so redesignated), by
striking ‘‘section 2446a(b)(3)’’ and inserting ‘‘section
4401(b)(3)’’.
(3) TRANSFER OF SECTION 2366C.—Section 2366c of title
10, United States Code, is transferred to chapter 322 of such
title, inserted after section 4252, as transferred and redesignated by paragraph (3), redesignated as section 4253, and
amended by striking ‘‘section 2334(a)(6)’’ in subsection (a)(2)
and inserting ‘‘section 3221(b)(6)’’.
(e) SUBCHAPTER IV (ADDITIONAL PROVISIONS APPLICABLE
SPECIFICALLY TO MDAPS).—
(1) TRANSFER OF SECTION 2448A.—Section 2448a of title
10, United States Code, is transferred to chapter 322 of such
title, inserted after the table of sections at the beginning of
subchapter IV, redesignated as section 4271, and amended—
(A) in subsection (b)(1), by striking ‘‘section 2432(a)(2)’’
and inserting ‘‘section 4351(2)’’; and
(B) in subsection (b)(2), by striking ‘‘section
2366a(d)(2)’’ and inserting ‘‘section 4251(d)(1)’’.
(2) TRANSFER OF SECTION 2448B.—Section 2448b of title
10, United States Code, is transferred to chapter 322 of such
title, inserted after section 4271, as transferred and redesignated by paragraph (1), redesignated as section 4272, and
amended—
(A) in subsection (a)(1), by striking ‘‘section 2366a’’
and inserting ‘‘section 4251’’; and
(B) in subsection (a)(2), by striking ‘‘section 2366b’’
and inserting ‘‘section 4252’’.
(3) TRANSFER OF SECTION 2438.—Section 2438 of title 10,
United States Code, is transferred to chapter 322 of such title,
inserted after section 4272, as transferred and redesignated
by paragraph (2), redesignated as section 4273, and amended—
(A) in subsection (b)(2), by striking ‘‘section
2433a(a)(1)’’ and inserting ‘‘4376(a)(1)’’; and
(B) in subsections (b)(5)(A) and (d), by striking ‘‘section
2433a’’ and inserting ‘‘sections 4736 and 4377’’.
(4) TRANSFER OF SECTION 2547(B).—

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(A) NEW SECTION.—Chapter 322 of title 10, United
States Code, as added by subsection (a), is further amended
by inserting after section 4273, as transferred and redesignated by paragraph (3), the following new section:
‘‘§ 4274. Acquisition-related functions of chiefs of the armed
forces: adherence to requirements in major defense
acquisition programs’’.
(B) TRANSFER.—Subsection (b) of section 2547 of such
title is transferred to section 4274 of such title, as added
by subparagraph (A), inserted after the section heading,
and amended—
(i) by redesignating such subsection as subsection
(a); and
(ii) by redesignating paragraph (2) as subsection
(b).
(C) AMENDMENTS TO NEW SECTION 4274(A).—Subsection
(a) of such section 4274, as so transferred and redesignated,
is amended—
(i) by striking ‘‘ADHERENCE TO’’ and all that follows
through ‘‘(1)’’ and inserting ‘‘ROLE OF SERVICE CHIEFS
IN PROGRAM CAPABILITY DOCUMENT APPROVAL.—’’; and
(ii) by striking ‘‘section 2448a(a)’’ and inserting
‘‘4271(a)’’.
(D) AMENDMENTS TO NEW SECTION 4274(B).—Subsection
(b) of such section 4274, as redesignated by subparagraph
(B)(ii), is amended—
(i) by inserting ‘‘ROLE OF SERVICE CHIEFS IN MATERIAL DEVELOPMENT DECISION AND ACQUISITION SYSTEM
MILESTONES.—’’ before ‘‘Consistent with’’;
(ii) by striking ‘‘under subsection (a)’’ and inserting
‘‘under section 3053 of this title’’;
(iii) by redesignating subparagraphs (A), (B), (C),
and (D) as paragraphs (1), (2), (3), and (4), respectively;
(iv) in paragraph (2), as so redesignated, by
striking ‘‘section 2366a’’ and inserting ‘‘section 4251’’;
and
(v) in paragraph (3), as so redesignated, by striking
‘‘section 2366b’’ and inserting ‘‘section 4252’’.
(5) RESTATEMENT OF SECTION 2547(C) & (D)(3).—Such section
4274 is further amended by adding at the end—
(A) a new subsection (c) identical to section 2547(c)
of such title, as in effect on the day before the effective
date of this section; and
(B) a new subsection (d) as follows:
‘‘(d) PROGRAM CAPABILITY DOCUMENT DEFINED.—In this section,
the term ‘program capability document’ has the meaning provided
that term in section 4401(b)(5) of this title.’’.
(6) CROSS-REFERENCE AMENDMENTS.—
(A) Section 131(b)(8) of title 10, United States Code,
is amended by striking ‘‘section 2438(a)’’ in the last
subparagraph and inserting ‘‘section 4273(a)’’.
(B) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and
9033(d)(5) of such title are amended by striking ‘‘and 2547’’
and inserting ‘‘, 3103, and 4274’’.
(f) SUBCHAPTER V (CONTRACTORS).—

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10 USC 4274.

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134 STAT. 4258

PUBLIC LAW 116–283—JAN. 1, 2021
(1) TRANSFER OF SECTION 2410P.—Section 2410p of title
10, United States Code, is transferred to subchapter V of
chapter 322, as added by subsection (a), inserted after the
table of sections, and redesignated as section 4292.
(2) TRANSFER OF SECTION 2436.—Section 2436 of such title
is transferred to chapter 322 of such title, inserted after section
4292, as added by paragraph (1), and redesignated as section
4293.

SEC. 1848. LIFE-CYCLE AND SUSTAINMENT.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 322, as added by the
preceding section, the following new chapter:

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10 USC 4321
prec.

‘‘CHAPTER 323—LIFE-CYCLE AND SUSTAINMENT
‘‘Sec.
‘‘4321. Development of major defense acquisition programs: sustainment of system
to be replaced.
‘‘4322. øReserved¿.
‘‘4323. Sustainment reviews.
‘‘4324. Major systems: life-cycle management and product support.
‘‘4325. Major weapon systems: assessment, management, and control of operating
and support costs.
‘‘4326. øReserved¿.
‘‘4327. øReserved¿.
‘‘4328. Weapon system design: sustainment factors.’’.

(b) TRANSFER OF SECTION 2437.—Section 2437 of title 10,
United States Code, is transferred to chapter 323 of such title,
as added by subsection (a), inserted after the table of sections
at the beginning, and redesignated as section 4321.
(c) TRANSFER OF SECTION 2441.—Section 2441 of title 10, United
States Code, is transferred to chapter 323 of such title, as added
by subsection (a), inserted after section 4321, as transferred and
redesignated by subsection (b), redesignated as section 4323, and
amended by striking ‘‘sections 2337 and 2337a’’ in subsection (c)
and inserting ‘‘sections 4324 and 4325’’.
(d) TRANSFER OF SECTIONS 2337 AND 2337A.—
(1) TRANSFER.—Sections 2337 and 2337a of title 10, United
States Code, are transferred to chapter 323 of such title, as
added by subsection (a), inserted (in that order) after section
4323, as transferred and redesignated by subsection (c), and
redesignated as sections 4324 and 4325, respectively.
(2) AMENDMENT TO TRANSFERRED SECTION 4324.—Section
4324 of title 10, United States Code, as transferred and redesignated by paragraph (1), is amended by striking ‘‘section
2302d(a)’’ in subsection (c)(5) and inserting ‘‘section 3041(c)(1)’’.
(3) AMENDMENTS TO TRANSFERRED SECTION 4325.—
(A) Section 4325 of such title, as transferred and
redesignated by paragraph (1), is amended—
(i) in subsection (b)(1), by striking ‘‘section 2337’’
and inserting ‘‘section 4324’’; and
(ii) in subsection (d), by striking ‘‘section 2379(f)’’
and inserting ‘‘section 3455(f)’’.
(B) The heading of such section is amended to read
as follows:

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4259

‘‘§ 4325. Major weapon systems: assessment, management,
and control of operating and support costs’’.
(e) TRANSFER OF SECTION 2443.—
(1) Section 2443 of title 10, United States Code, is transferred to chapter 323, as added by subsection (a), inserted
after section 4235, as transferred and redesignated by subsection (d), and redesignated as section 4328.
(2) The heading of such section is amended to read as
follows:
‘‘§ 4328. Weapon system design: sustainment factors’’.
SEC. 1849. PROGRAM STATUS–SELECTED ACQUISITION REPORTS.

(a) RESTATEMENT OF SECTION 2432.—Part V of subtitle A of
title 10, United States Code, as added by section 801 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232), is amended by inserting after chapter 323,
as added by the preceding section, the following new chapter:

‘‘Sec.
‘‘4350.
‘‘4351.
‘‘4352.
‘‘4353.
‘‘4354.
‘‘4355.
‘‘4356.
‘‘4357.

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‘‘4358.

‘‘CHAPTER 324—PROGRAM STATUS–SELECTED
ACQUISITION REPORTS

10 USC 4350
prec.

Selected acquisition reports: termination.
Selected acquisition reports: definitions.
Selected acquisition reports: requirement for quarterly reports.
Selected acquisition reports for 1st quarter of a fiscal year: comprehensive
annual report.
Selected acquisition reports for 2d, 3d, and 4th quarters.
Selected acquisition reports: quarterly SAR report content.
Selected acquisition reports: time for submission to Congress; form of report.
Selected acquisition reports: termination of requirements with respect to a
program or subprogram.
Selected acquisition reports: when total program reporting begins; limited reports before approval to proceed to system development and demonstration.

‘‘§ 4350. Selected acquisition reports: termination
‘‘§ 4351. Selected acquisition reports: definitions
‘‘§ 4352. Selected acquisition reports: requirement for quarterly reports
‘‘§ 4353. Selected acquisition reports for 1st quarter of a fiscal
year: comprehensive annual report
‘‘§ 4354. Selected acquisition reports for 2d, 3d, and 4th quarters
‘‘§ 4355. Selected acquisition reports: quarterly SAR report
content
‘‘§ 4356. Selected acquisition reports: time for submission to
Congress; form of report
‘‘§ 4357. Selected acquisition reports: termination of requirements with respect to a program or subprogram
‘‘§ 4358. Selected acquisition reports: when total program
reporting begins; limited reports before approval
to proceed to system development and demonstration’’.
(b) TRANSFER OF SUBSECTION (J) OF SECTION 2432.—Subsection
(j) of section 2432 of title 10, United States Code, is transferred

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10 USC 4350.
10 USC 4351.
10 USC 4352.
10 USC 4353.
10 USC 4354.
10 USC 4355.
10 USC 4356.
10 USC 4357.
10 USC 4358.

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134 STAT. 4260

PUBLIC LAW 116–283—JAN. 1, 2021

to section 4350 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation and subsection
heading; and
(2) by striking ‘‘this section’’ and inserting ‘‘this chapter’’.
(c) TRANSFER OF SUBSECTION (A) OF SECTION 2432.—Subsection
(a) of section 2432 of title 10, United States Code, is transferred
to section 4351 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation;
(2) in paragraph (1), by inserting ‘‘PROGRAM ACQUISITION
UNIT COST.—’’ after ‘‘(1)’’;
(3) in paragraph (2), by inserting ‘‘PROCUREMENT UNIT
COST.—’’ after ‘‘(2)’’;
(4) in paragraph (3), by inserting ‘‘MAJOR CONTRACT.—
’’ after ‘‘(3)’’ ; and
(5) in paragraph (4), by inserting ‘‘FULL LIFE-CYCLE COST.—
’’ after ‘‘(4)’’.
(d) TRANSFER OF SUBSECTION (B) OF SECTION 2432.—
(1) TRANSFER.—Subsection (b) of section 2432 of title 10,
United States Code, is transferred to section 4352 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) REVISIONS TO NEW 4352(A).—Subsection (a) of such section 4352, as redesignated by paragraph (1)(B), is amended—
(A) by striking ‘‘The Secretary’’ and inserting ‘‘IN GENERAL.—
‘‘(1) The Secretary’’;
(B) by striking ‘‘a report on’’ and all that follows in
the first sentence and inserting ‘‘a report on—
‘‘(A) current major defense acquisition programs; and
‘‘(B) any program that is estimated by the Secretary
of Defense to require—
‘‘(i) an eventual total expenditure for research,
development, test, and evaluation of more than
$300,000,000 (based on fiscal year 1990 constant dollars); or
‘‘(ii) an eventual total expenditure for procurement,
including all planned increments or spirals, of more
than $1,800,000,000 (based on fiscal year 1990 constant
dollars).’’;
(C) by designating the second and third sentences as
paragraphs (2) and (3), respectively, and realigning those
paragraphs 2 ems from the left margin;
(D) in paragraph (2), as so designated, by striking
‘‘paragraphs (2) and (3)’’ and inserting ‘‘subsections (b)
and (c)’’ ; and
(E) in paragraph (3), as so designated, by striking
‘‘this section’’ and inserting ‘‘this chapter’’.
(3) REVISIONS TO NEW 4352(B).—Subsection (b) of such section 4352, as redesignated by paragraph (1)(B), is amended—
(A) by inserting ‘‘REPORTS NOT REQUIRED FOR 2D, 3D,
AND 4TH QUARTERS FOR CERTAIN PROGRAMS.—’’ before ‘‘A
status report’’; and

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134 STAT. 4261

(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(4) REVISIONS TO NEW 4352(C).—Subsection (c) of such section 4352, as redesignated by paragraph (1)(B), is amended—
(A) by striking ‘‘(A) The Secretary’’ and inserting ‘‘SECRETARY OF DEFENSE WAIVER AUTHORITY.—
‘‘(1) AUTHORITY.—The Secretary’’;
(B) by redesignating subparagraph (B) as paragraph
(2) and realigning that paragraph 2 ems from the left
margin;
(C) by redesignating clauses (i), (ii), and (iii) of paragraph (1), as designated by the amendment made by
subparagraph (A), as subparagraphs (A), (B), and (C),
respectively, and realigning those subparagraphs 4 ems
from the left margin; and
(D) in paragraph (2), as redesignated by subparagraph
(B)—
(i) by inserting ‘‘NOTIFICATION TO CONGRESSIONAL
COMMITTEES.—’’ before ‘‘The Secretary shall’’; and
(ii) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’.
(e) TRANSFER OF SUBSECTION (C) OF SECTION 2432.—
(1) TRANSFER.—Subsection (c) of section 2432 of title 10,
United States Code, is transferred to section 4353 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), (3), and (4)
as subsections (a), (b), (c), and (d), respectively.
(2) REVISIONS TO NEW 4353(A).—Subsection (a) of such section 4353, as redesignated by paragraph (1)(B), is amended
as follows:
(A) SUBSECTION HEADING.—Such subsection is
amended by inserting ‘‘CONTENT OF SAR SUBMITTED FOR
FIRST QUARTER.—’’ before ‘‘Each Selected Acquisition
Report for’’.
(B) INTERNAL REDESIGNATIONS.—Such subsection is
further amended—
(i) by redesignating subparagraphs (A) through (H)
as paragraphs (1) through (8), respectively; and
(ii) by redesignating clauses (i) through (iv) of paragraph (2), as so redesignated, as subparagraphs (A)
through (D), respectively.
(C) REVISION OF LIST FORMAT.—Such subsection is further amended—
(i) by striking ‘‘for a fiscal year shall include—
’’ in the matter preceding such paragraph (1), as so
redesignated, and inserting ‘‘for a fiscal year shall
include the following:’’;
(ii) in each of such paragraphs (1) through (8),
as so redesignated, by capitalizing the first letter of
the first word after the paragraph designation;
(iii) in each of such paragraphs (1) through (6),
as so redesignated, by striking the semicolon at the
end and inserting a period; and
(iv) by striking ‘‘; and’’ at the end of paragraph
(7), as so redesignated, and inserting a period.

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134 STAT. 4262

PUBLIC LAW 116–283—JAN. 1, 2021
(D) CONFORMING CROSS-REFERENCE AMENDMENTS.—
Such subsection is further amended—
(i) by striking ‘‘section 2431’’ in paragraph (1),
as so redesignated, and inserting ‘‘section 4205’’;
(ii) by striking ‘‘section 2433(a)(2)’’ in paragraph
(2)(A), as so redesignated, and inserting ‘‘section
4371(a)(4)’’;
(iii) by striking ‘‘section 2435(d)(1)’’ in paragraph
(2)(B), as so redesignated, and inserting ‘‘section
4214(d)(1)’’;
(iv) by striking ‘‘section 2435(d)(2)’’ in paragraph
(2)(C), as so redesignated, and inserting ‘‘section
4214(d)(2)’’;
(v) by striking ‘‘section 2432(e)(4)’’ in paragraph
(2)(D), as so redesignated, and inserting ‘‘section
4355(4)’’; and
(vi) by striking ‘‘section 2446a’’ in paragraph (7),
as so redesignated, and inserting ‘‘section 4401’’.
(3) REVISIONS TO NEW 4353(B).—Subsection (b) of such section 4353, as redesignated by paragraph (1)(B), is amended—
(A) by striking ‘‘Each Selected’’ and inserting
‘‘CONGRESSIONAL COMMITTEES.—
‘‘(1) INFORMATION NEEDED BY CONGRESSIONAL COMMITTEES.—Each Selected’’; and
(B) by designating the text after the first sentence
as paragraph (2), aligning that paragraph 2 ems from
the left margin, and inserting ‘‘NOTIFICATION TO CONGRESSIONAL COMMITTEES OF PROPOSED CHANGES.—’’ before
‘‘Whenever the Secretary’’.
(4) REVISIONS TO NEW 4353(C).—Subsection (c) of such section 4353, as redesignated by paragraph (1)(B), is amended—
(A) by inserting ‘‘LIFE-CYCLE COST ANALYSES.—’’ before
‘‘In addition to’’;
(B) by striking ‘‘paragraphs (1) and (2)’’; and inserting
‘‘subsections (a) and (b)’’, and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(5) REVISION TO NEW 4353(D).—Subsection (d) of such section
4353, as redesignated by paragraph (1)(B), is amended by
inserting ‘‘REFERENCE TO 1ST QUARTER SAR AS COMPREHENSIVE
ANNUAL SAR.—’’ before ‘‘Selected Acquisition Reports’’.
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2432.—
(1) TRANSFER.—Subsection (d) of section 2432 of title 10,
United States Code, is transferred to section 4354 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking the subsection designation.
(2)
CONFORMING
AMENDMENTS
AND
SUBSECTION
HEADINGS.—Such section is amended—
(A) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively;
(B) in subsection (a), as so redesignated—
(i) by inserting ‘‘CONTINGENT REQUIRED CONTENT.—’’ before ‘‘Each Selected Acquisition Report’’;
(ii) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively;

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134 STAT. 4263

(iii) in paragraph (1), as so redesignated, by
striking ‘‘subsection (e)’’ and inserting ‘‘section 4355
of this title’’; and
(iv) in paragraph (2), as so redesignated, by
striking ‘‘subsection (c)’’ and inserting ‘‘section 4353
of this title’’; and
(C) in subsection (b), as so redesignated, by inserting
‘‘REFERENCE TO 2D, 3D, AND 4TH QUARTERS SARS AS QUARTERLY SARS.—’’ before ‘‘Selected Acquisition Reports for’’.
(g) TRANSFER OF SUBSECTION (E) OF SECTION 2432.—Subsection
(e) of section 2432 of title 10, United States Code, is transferred
to section 4355 of such title, as added by subsection (a), inserted
after the section heading, and amended by striking the subsection
designation.
(h) TRANSFER OF SUBSECTION (F) OF SECTION 2432.—
(1) TRANSFER.—Subsection (f) of section 2432 of title 10,
United States Code, is transferred to section 4356 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsection (a).
(2) SUBSECTION HEADING.—Such subsection is amended by
inserting ‘‘TIME FOR SUBMISSION.—’’ before ‘‘Each comprehensive’’.
(i) TRANSFER OF SUBSECTION (I) OF SECTION 2432.—Subsection
(i) of section 2432 of title 10, United States Code, is transferred
to section 4356 of such title, as added by subsection (a), inserted
after subsection (a), as transferred and redesignated by subsection
(h)(1), redesignated as subsection (b), and amended by striking
‘‘under this section’’ and inserting ‘‘under this chapter’’.
(j) TRANSFER OF SUBSECTION (G) OF SECTION 2432.—Subsection
(g) of section 2432 of title 10, United States Code, is transferred
to section 4357 of such title, as added by subsection (a), inserted
after the section heading, and amended—
(1) by striking the subsection designation; and
(2) by striking ‘‘of this section’’ and inserting ‘‘of this
chapter’’.
(k) TRANSFER OF SUBSECTION (H) OF SECTION 2432.—
(1) TRANSFER.—Subsection (h) of section 2432 of title 10,
United States Code, is transferred to section 4358 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) REVISIONS TO NEW 4358(A).—Subsection (a) of such section 4358, as redesignated by paragraph (1)(B), is amended—
(A) by striking ‘‘Total program reporting under this
section’’ and inserting ‘‘IN GENERAL.—
‘‘(1) COMMENCEMENT OF TOTAL PROGRAM REPORTING.—Total
program reporting under this chapter’’; and
(B) by designating the second sentence as paragraph
(2) and in that paragraph—
(i) by inserting ‘‘LIMITED REPORTS.—’’ before
‘‘Reporting may be’’;
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’;
(iii) by striking ‘‘under this subsection’’ and
inserting ‘‘under this section’’; and

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134 STAT. 4264

PUBLIC LAW 116–283—JAN. 1, 2021

(iv) by striking ‘‘under this section.’’ and inserting
‘‘under this chapter.’’.
(3) REVISIONS TO NEW 4358(B).—Subsection (b) of such section 4358, as redesignated by paragraph (1)(B), is amended—
(A) by inserting ‘‘CONTENT OF LIMITED REPORTS.—’’
before ‘‘A limited report’’;
(B) by striking ‘‘under this subsection’’ and inserting
‘‘under this section’’;
(C) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively; and
(D) in paragraph (1), as so redesignated, by striking
‘‘section 2431’’ and inserting ‘‘section 4205’’.
(4) REVISIONS TO NEW 4358(C).—Subsection (c) of such section 4358, as redesignated by paragraph (1)(B), is amended—
(A) by inserting ‘‘SUBMISSION OF LIMITED REPORTS.—
’’ before ‘‘The submission requirements’’; and
(B) by striking ‘‘under this subsection’’ and inserting
‘‘under this section’’.
(l) CONFORMING AMENDMENTS.—Section 2432 of title 10, United
States Code, is repealed.
(m) CONFORMING CROSS-REFERENCE AMENDMENTS.—Sections
1734(c)(2) and 8671(b)(2) of title 10, United States Code, are
amended by striking ‘‘section 2432’’ and inserting ‘‘chapter 324’’.
SEC. 1850. COST GROWTH—UNIT COST REPORTS (NUNN-MCCURDY).

(a) RESTATEMENT OF SECTIONS 2433 AND 2433A.—Part V of
subtitle A of title 10, United States Code, as added by section
801 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232), is amended by inserting
after chapter 324, as added by the preceding section, the following
new chapter:
‘‘CHAPTER 325—COST GROWTH—UNIT COST REPORTS
(NUNN-MCCURDY)

10 USC 4371
prec.

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‘‘Sec.
‘‘4371. Cost growth definitions; applicability of reporting requirements; constant
base year dollars.
‘‘4372. Unit cost reports: quarterly report from program manager to service acquisition executive.
‘‘4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold.
‘‘4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical
cost growth threshold; reports to Congress.
‘‘4375. Breach of significant cost growth threshold or critical cost growth threshold:
required action.
‘‘4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination.
‘‘4377. Breach of critical cost growth threshold: actions if program not terminated.

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‘‘§ 4371. Cost growth definitions; applicability of reporting
requirements; constant base year dollars

10 USC 4371.

‘‘§ 4372. Unit cost reports: quarterly report from program
manager to service acquisition executive

10 USC 4372.

‘‘§ 4373. Unit cost reports: immediate report from program
manager to service acquisition executive upon
breach of significant cost growth threshold

10 USC 4373.

‘‘§ 4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach
of significant cost growth threshold or critical cost
growth threshold; reports to Congress

10 USC 4374.

‘‘§ 4375. Breach of significant cost growth threshold or critical cost growth threshold: required action

10 USC 4375.

‘‘§ 4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination

10 USC 4376.

‘‘§ 4377. Breach of critical cost growth threshold: actions if
program not terminated’’.
(b) TRANSFER OF SUBSECTION (A) OF SECTION 2433.—
(1) TRANSFER.—Subsection (a) of section 2433 of title 10,
United States Code, is transferred to section 4371 of such
title, as added by subsection (a), inserted after the section
heading, and amended by striking ‘‘this section’’ in the matter
preceding paragraph (1) and in paragraph (2) and inserting
‘‘this chapter’’.
(2) INSERTION OF SIDE HEADINGS.—Such subsection is further amended—
(A) in the matter preceding paragraph (1), by inserting
‘‘DEFINITIONS.—’’ after ‘‘(a)’’;
(B) in paragraph (1), by inserting ‘‘PROGRAM ACQUISITION UNIT COST; PROCUREMENT UNIT COST; MAJOR CONTRACT.—’’ after ‘‘(1)’’;
(C) in paragraph (2), by inserting ‘‘BASELINE ESTIMATE.—’’ after ‘‘(2)’’;
(D) in paragraph (3), by inserting ‘‘PROCUREMENT PROGRAM.—’’ after ‘‘(3)’’;
(E) in paragraph (4), by inserting ‘‘SIGNIFICANT COST
GROWTH THRESHOLD.—’’ after ‘‘(4)’’;
(F) in paragraph (5), by inserting ‘‘CRITICAL COST
GROWTH THRESHOLD.—’’ after ‘‘(5)’’; and
(G) in paragraph (6), by inserting ‘‘ORIGINAL BASELINE
ESTIMATE.—’’ after ‘‘(6)’’.
(3) CONFORMING CROSS-REFERENCE AMENDMENTS.—Such
subsection is further amended—
(A) in paragraph (1)—
(i) by striking ‘‘section 2430a(d)’’ and inserting ‘‘section 4203(d)’’; and
(ii) by striking ‘‘section 2432(a)’’ and inserting ‘‘section 4351’’;
(B) in paragraph (2), by striking ‘‘section 2435’’ and
inserting ‘‘section 4214’’; and
(C) in paragraph (6), by striking ‘‘section 2435(d)’’ and
inserting ‘‘section 4214(d)’’.

10 USC 4377.

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PUBLIC LAW 116–283—JAN. 1, 2021

(4) REVISION OF ORDER OF PARAGRAPHS.—Such subsection
is further amended—
(A) by redesignating paragraphs (2), (3), (4), (5), and
(6) as paragraphs (4), (6), (2), (3), and (5), respectively;
and
(B) by revising the order of those paragraphs within
that section so they appear in the numeric order of their
respective paragraph designations, as redesignated by
paragraph (A).
(c) TRANSFER OF SUBSECTION (H) OF SECTION 2433.—Subsection
(h) of section 2433 of title 10, United States Code, is transferred
to section 4371 of such title, as added by subsection (a), inserted
after subsection (a), as transferred and redesignated by subsection
(b)(1), redesignated as subsection (b), and amended—
(1) by striking ‘‘under this section’’ and inserting ‘‘under
this chapter’’; and
(2) by striking ‘‘section 2432(h)’’ and inserting ‘‘section
4358’’.
(d) TRANSFER OF SUBSECTION (F) OF SECTION 2433.—Subsection
(f) of section 2433 of title 10, United States Code, is transferred
to section 4371 of such title, as added by subsection (a), inserted
after subsection (b), as transferred and redesignated by subsection
(c), redesignated as subsection (c), and amended—
(1) by striking ‘‘under this section’’ and inserting ‘‘under
this chapter’’; and
(2) by striking ‘‘section 2430’’ and inserting ‘‘section 4202’’.
(e) TRANSFER OF SUBSECTION (B) OF SECTION 2433.—
(1) TRANSFER.—Subsection (b) of section 2433 of title 10,
United States Code, is transferred to section 4372 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsection (a).
(2) DESIGNATION OF NEW SUBSECTION (B).—Such section
4372, as redesignated by paragraph (1), is amended by designating the third sentence as subsection (b) and inserting
‘‘MATTER TO BE INCLUDED IN UNIT COST REPORTS.—’’ therein
before ‘‘The program manager shall’’.
(3) DESIGNATION OF NEW PARAGRAPHS (1) AND (2).—Subsection (a) of such section, as redesignated by paragraph (1),
is amended—
(A) by striking ‘‘The program manager for’’ and
inserting ‘‘REQUIRED REPORTS.—
‘‘(1) REQUIREMENT.—The program manager for’’; and
(B) by designating the second sentence as paragraph
(2) and inserting ‘‘TIME FOR SUBMITTAL.—’’ before ‘‘Each
report’’.
(4) CONFORMING CROSS-REFERENCE AMENDMENTS.—Such
section is further amended—
(A) in paragraph (1) of subsection (a), as designated
by paragraph (3)(A), by striking ‘‘section 2432(b)(3)’’ and
inserting ‘‘section 4352(c)’’; and
(B) in paragraph (4) of subsection (b), as designated
by paragraph (2), by striking ‘‘section 2435’’ and inserting
‘‘section 4214’’.
(f) TRANSFER OF SUBSECTION (C) OF SECTION 2433.—Subsection
(c) of section 2433 of title 10, United States Code, is transferred
to section 4373 of such title, as added by subsection (a), inserted
after the section heading, and amended—

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(1) by striking the subsection designation; and
(2) by striking ‘‘subsection (b)’’ both places it appears and
inserting ‘‘section 4372 of this title’’.
(g) TRANSFER OF SUBSECTION (D) OF SECTION 2433.—
(1) TRANSFER.—Subsection (d) of section 2433 of title 10,
United States Code, is transferred to section 4374 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) REVISION TO NEW 4374(A).—Subsection (a) of such section,
as so redesignated, is amended—
(A) by inserting ‘‘DETERMINATION OF BREACH BY
SERVICE ACQUISITION EXECUTIVE.—’’ before ‘‘When a’’; and
(B) by striking ‘‘under this section’’ and inserting
‘‘under this chapter’’.
(3) REVISION TO NEW 4374(B).—Subsection (b) of such section,
as so redesignated, is amended—
(A) by inserting ‘‘ADDITIONAL DETERMINATION BY
SERVICE ACQUISITION EXECUTIVE WHEN PROGRAM OR SUBPROGRAM IS A PROCUREMENT PROGRAM.—’’ before ‘‘When
a’’;
(B) by striking ‘‘under this section’’ and inserting
‘‘under this chapter’’; and
(C) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’.
(4) REVISION TO NEW 4374(C).—Subsection (c) of such section,
as so redesignated, is amended—
(A) by striking ‘‘If, based upon’’ and inserting ‘‘DETERMINATION OF BREACH BY SECRETARY CONCERNED; NOTIFICATION TO CONGRESS.—
‘‘(1) IN GENERAL.—If, based upon’’;
(B) by designating the second sentence as paragraph
(2) and the fourth sentence as paragraph (3);
(C) in paragraph (2), as so designated—
(i) by inserting ‘‘TIME FOR SUBMISSION OF NOTIFICATION TO CONGRESS.—’’ before ‘‘In the case of’’ the first
place it appears;
(ii) by striking ‘‘subsection (b)’’ and inserting ‘‘section 4372 of this title’’; and
(iii) by striking ‘‘subsection (c)’’ and inserting ‘‘section 4373 of this title’’; and
(D) in paragraph (3), as so designated, by inserting
‘‘INCLUSION OF DATE OF DETERMINATION.—’’ before ‘‘The
Secretary shall’’.
(h) TRANSFER OF SUBSECTION (E) OF SECTION 2433.—
(1) TRANSFER.—Subsection (e) of section 2433 of title 10,
United States Code, is transferred to section 4375 of such
title, as added by subsection (a), inserted after the section
heading, and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively.
(2) REVISION TO NEW 4375(A).—Subsection (a) of such section,
as so redesignated, is amended—

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PUBLIC LAW 116–283—JAN. 1, 2021
(A) by striking ‘‘(A) Except as provided in subparagraph
(B),’’ and inserting ‘‘BREACH OF SIGNIFICANT COST GROWTH
THRESHOLD; SUBMISSION OF A SELECTED ACQUISITION
REPORT.—
‘‘(1) GENERAL RULE.—Except as provided in paragraph (2),’’;
(B) by redesignating subparagraph (B) as paragraph
(2);
(C) in paragraph (1), as so designated—
(i) by striking ‘‘under subsection (d)’’ and inserting
‘‘under section 4374 of this title’’; and
(ii) by striking ‘‘section 2432(e)’’ and ‘‘section
2432(f)’’ and inserting ‘‘section 4355’’ and ‘‘section
4356’’, respectively; and
(D) in paragraph (2), as so designated—
(i) by striking ‘‘subparagraph (A)’’ both places it
appears and inserting ‘‘paragraph (1)’’; and
(ii) by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (d)’’.
(3) REVISION TO NEW 4375(B).—Subsection (b) of such section,
as so redesignated, is amended—
(A) by inserting ‘‘BREACH OF CRITICAL COST GROWTH
THRESHOLD.—’’ before ‘‘If the program’’;
(B) by striking ‘‘subsection (d)’’ and inserting ‘‘section
4374 of this title’’; and
(C) by striking ‘‘section 2433a’’ and inserting ‘‘sections
4376 and 4377’’.
(4) REVISION TO NEW 4375(C).—Subsection (c) of such section,
as so redesignated, is amended—
(A) by striking ‘‘If a determination’’ and inserting
‘‘PROHIBITION ON OBLIGATION OF FUNDS FOR CERTAIN PURPOSES WHEN REQUIRED ACTION NOT TAKEN.—
‘‘(1) PROHIBITION.—If a determination’’;
(B) by designating the second sentence as paragraph
(2);
(C) in paragraph (1), as so designated—
(i) by striking ‘‘subsection (d)’’ both places it
appears and inserting ‘‘section 4374 of this title’’;
(ii) by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (d)’’.
(iii) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and
(iv) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’; and
(D) in paragraph (2), as so designated—
(i) by striking ‘‘The prohibition’’ and inserting
‘‘TERMINATION OF PROHIBITION.—The prohibition under
paragraph (1)’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘paragraph (1) or (2)(B)’’ and
inserting ‘‘subsection (a) or (b)(2)’’; and
(II) by striking ‘‘subsection (d)’’ and inserting
‘‘section 4374 of this title’’; and
(iii) in subparagraph (B)—
(I) by striking ‘‘paragraph (1) or (2)(B)’’ and
inserting ‘‘subsection (a) or (b)(2)’’;
(II) by striking ‘‘paragraph (2)(A)’’ and
inserting ‘‘subsection (b)(1)’’; and

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(III) by striking ‘‘subsection (d)’’ and inserting
‘‘section 4374 of this title’’.
(i) TRANSFER OF SUBSECTION (G) OF SECTION 2433.—
(1) TRANSFER.—Subsection (g) of section 2433 of title 10,
United States Code, is transferred to section 4375 of such
title, as added by subsection (a), inserted after subsection (c),
as transferred and amended by subsection (h), and amended—
(A) by striking the subsection designation; and
(B) by redesignating paragraphs (1) and (2) as subsections (d) and (e), respectively.
(2) REVISION TO NEW 4375(D).—Subsection (d) of such section
4375, as so redesignated, is amended—
(A) by striking ‘‘Except as provided in paragraph (2),
each report under subsection (e)’’ and inserting ‘‘MATTER
TO BE INCLUDED IN REPORTS.—Except as provided in subsection (e), each report under this section’’;
(B) by redesignating subparagraphs (A) through (Q)
as paragraphs (1) through (17), respectively;
(C) in paragraph (9), as so redesignated, by striking
‘‘section 2435’’ and inserting ‘‘section 4214’’; and
(D) in paragraph (16), as so redesignated, by redesignating clauses (i) through (vi) as subparagraphs (A)
through (F), respectively.
(3) REVISION TO NEW 4375(E).—Subsection (e) of such section
4375, as so redesignated, is amended—
(A) by striking ‘‘If a program acquisition unit cost’’
and inserting ‘‘BREACH DUE TO TERMINATION OR CANCELLATION OF PROGRAM OR SUBPROGRAM.—
‘‘(1) LIMITED REPORTING.—If a program acquisition unit
cost’’;
(B) by striking ‘‘clauses (A) through (F) of paragraph
(1)’’ and inserting ‘‘paragraphs (1) through (6) of subsection
(d)’’;
(C) by designating the second sentence as paragraph
(2); and
(D) in paragraph (2), as so designated—
(i) by inserting ‘‘CERTIFICATION NOT REQUIRED.—
’’ before ‘‘The certification’’; and
(ii) by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (b)’’.
(j) TRANSFER OF SUBSECTION (A), (B), AND (D) OF SECTION
2433A.—
(1) TRANSFER OF SUBSECTIONS (A) AND (B).—Subsection (a)
and (b) of section 2433a of title 10, United States Code, are
transferred to section 4376 of such title, as added by subsection
(a), and inserted after the section heading.
(2) TRANSFER AND REDESIGNATION OF SUBSECTION (D).—
Subsection (d) of section 2433a of such title is transferred
to such section 4376, inserted after subsection (b), as transferred by paragraph (1), and redesignated as subsection (c).
(3) CONFORMING CROSS-REFERENCE AMENDMENTS.—Such
section 4376 is amended—
(A) in subsection (a), by striking ‘‘section 2433(d)’’ and
inserting ‘‘section 4374’’; and
(B) in subsection (b)(1)—
(i) by striking ‘‘section 2433(g)’’ and inserting ‘‘section 4375(d) and (e)’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021
(ii) by striking ‘‘section 2432(f)’’ and inserting ‘‘section 4356(a)’’.
(4) HEADINGS AND FORMAT IN SUBSECTION (B).—Subsection
(b) of such section 4376 is amended—
(A) by striking ‘‘TERMINATION.—(1) After conducting’’
and inserting ‘‘TERMINATION.—
‘‘(1) TERMINATION UNLESS SECRETARY SUBMITS CERTIFICATION AND REPORT.—After conducting’’;
(B) by realigning paragraphs (2) and (3) 2 ems from
the left margin;
(C) in paragraph (2), by inserting ‘‘CERTIFICATION.—
’’ after ‘‘(2)’’; and
(D) in paragraph (3), by inserting ‘‘REPORT.—’’ after
‘‘(3)’’.
(k) TRANSFER OF SUBSECTION (C) OF SECTION 2433A.—
(1) TRANSFER.—Subsection (c) of section 2433a of title 10,
United States Code, is transferred to section 4377 of such
title, as added by subsection (a), inserted after the section
heading, and redesignated as subsection (a).
(2) REDESIGNATIONS.—Paragraphs (2) and (3) of such section 4377 are redesignated as subsections (b) and (c), respectively.
(3) REVISION TO NEW SECTION 4377(A).—Subsection (a) of
such section, as redesignated by paragraph (1), is amended—
(A) by striking ‘‘(1)’’ before ‘‘If the Secretary’’;
(B) by inserting ‘‘of section 4376 of this title’’ after
‘‘subsection (b)’’;
(C) by redesignating subparagraphs (A), (B), (C), (D),
and (E) as paragraphs (1), (2), (3), (4), and (5), respectively;
(D) in paragraph (1), as so redesignated, by inserting
‘‘of that section’’ after ‘‘subsection (a)’’ and after ‘‘subsection
(b)(2)(E)’’;
(E) in paragraph (2), as so redesignated, by striking
‘‘section 2366a or 2366b’’ and inserting ‘‘section 4251 or
4252’’; and
(F) in paragraph (4), as so redesignated, by striking
‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’.
(4) REVISION TO NEW SECTION 4377(B).—Subsection (b) of
such section, as redesignated by paragraph (2), is amended—
(A) by inserting ‘‘IDENTIFICATION OF REPORT FOR
DESCRIPTION OF FUNDING CHANGES.—’’ before ‘‘For purposes of’’;
(B) by striking ‘‘paragraph (1)(D)’’ and inserting ‘‘subsection (a)(4)’’;
(C) by striking ‘‘in this paragraph’’ and inserting ‘‘in
this subsection’’; and
(D) by striking ‘‘section 2432’’ and inserting ‘‘section
4352’’.
(5) REDESIGNATIONS AND HEADINGS IN NEW SECTION
4377(C).—Subsection (c) of such section, as redesignated by paragraph (2), is amended—
(A) by striking ‘‘(A) The requirements of subparagraphs
(B), (C), and (E) of paragraph (1)’’ and inserting ‘‘INAPPLICABILITY OF CERTAIN SUBSECTION (A) REQUIREMENTS.—
‘‘(1) CONDITIONS FOR INAPPLICABILITY.—The requirements
of paragraphs (2), (3), and (5) of subsection (a)’’; and

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(B) by redesignating subparagraph (B) as paragraph
(2) and inserting ‘‘COST GROWTH THRESHOLDS.—’’ therein
before ‘‘The cost growth thresholds’’.
(6) REVISIONS TO NEW 4377(C)(1).—Paragraph (1) of such
section 4377(c), as so designated, is amended—
(A) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively;
(B) by redesignating subclauses (I) and (II) of each
of subparagraphs (A) and (C) as clauses (i) and (ii), respectively;
(C) in subparagraph (A), as so redesignated—
(i) in the matter preceding clause (i), as so redesignated, by striking ‘‘pursuant to subsection (a)’’ and
inserting ‘‘pursuant to section 4376(a) of this title’’;
(ii) in clause (i), as so redesignated, by striking
‘‘subparagraph (B)’’ and inserting ‘‘paragraph (2)’’; and
(iii) in clause (ii), as so redesignated, by striking
‘‘subclause (I)’’ and inserting ‘‘clause (i)’’; and
(D) in subparagraph (C), as so redesignated—
(i) in the matter preceding clause (i), as so redesignated—
(I) by striking ‘‘section 2433(g)’’ and inserting
‘‘subsections (d) and (e) of section 4375’’; and
(II) by striking ‘‘section 2432(f)’’ and inserting
‘‘section 4356’’;
(ii) in clause (i), as so redesignated, by striking
‘‘clause (i)’’ and inserting ‘‘subparagraph (A)’’; and
(iii) in clause (ii), as so redesignated, by striking
‘‘clause (ii)’’ and inserting ‘‘subparagraph (B)’’.
(7) REVISIONS TO NEW 4377(C)(2).—Paragraph (2) of such
section 4377(c), as so designated, is amended—
(A) in the matter preceding clause (i), by striking ‘‘this
subparagraph’’ and inserting ‘‘this paragraph’’;
(B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(C) by redesignating subclauses (I) and (II) of each
of subparagraphs (A) and (B) as clauses (i) and (ii), respectively.
(l) CONFORMING REPEALS.—Sections 2433 and 2433a of title
10, United States Code, are repealed.
(m) CROSS REFERENCE.—Section 181(b)(6) of title 10, United
States Code, is amended by striking ‘‘2433(e)(2)’’ and inserting
‘‘4375(b)’’.
SEC. 1851. WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 325, as added by the
preceding section, the following new chapter:

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‘‘CHAPTER 327—WEAPON SYSTEMS DEVELOPMENT AND
RELATED MATTERS
‘‘Subchapter
‘‘I. Modular Open System Approach in Development of Weapon Systems .......
‘‘II. Development, Prototyping, and Deployment of Weapon System Components or Technology .................................................................................

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10 USC 4401
prec.

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prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM APPROACH IN
DEVELOPMENT OF WEAPON SYSTEMS
‘‘Sec.
‘‘4401. Requirement for modular open system approach in major defense acquisition
programs; definitions.
‘‘4402. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design.
‘‘4403. Requirements relating to availability of major system interfaces and support
for modular open system approach.

10 USC 4421
prec.

‘‘SUBCHAPTER II—DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY

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‘‘Sec.
‘‘4421. Weapon system component or technology prototype projects: display of budget
information.
‘‘4422. Weapon system component or technology prototype projects: oversight.
‘‘4423. Requirements and limitations for weapon system component or technology
prototype projects.
‘‘4424. Mechanisms to speed deployment of successful weapon system component or
technology prototypes.
‘‘4425. Definition of weapon system component.’’.

(b) TRANSFER OF SECTIONS OF SUBCHAPTER I OF CHAPTER
144B.—
(1) TRANSFER.—Sections 2446a, 2446b, and 2446c of
chapter 144B of title 10, United States Code, are transferred
to chapter 327, as added by subsection (a), inserted (in that
order) after the table of sections at the beginning of subchapter
I, and redesignated as sections 4401, 4402, and 4403, respectively.
(2) CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4401.—Section 4401 of title 10, United States Code, as
so transferred and redesignated, is amended—
(A) in subsection (b)(1)(D), by striking ‘‘section 2320’’
and inserting ‘‘sections 3771 through 3775’’;
(B) in subsection (b)(6), by striking ‘‘section 2448a(a)’’
and inserting ‘‘section 4271(a)’’;
(C) in subsection (b)(7), by striking ‘‘section 2430’’ and
inserting ‘‘section 4201’’; and
(D) in subsection (b)(8), by striking ‘‘section 2379(f)’’
and inserting ‘‘section 3455(f)’’.
(3) CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4402.—Section 4402 of such title, as so transferred and
redesignated, is amended—
(A) in subsection (c), by striking ‘‘section 2431a’’ and
inserting ‘‘section 4211’’; and
(B) in subsection (e), by striking ‘‘section 2366b’’ and
inserting ‘‘section 4252’’.
(c) TRANSFER OF SECTIONS OF SUBCHAPTER II OF CHAPTER
144B.—
(1) TRANSFER.—Sections 2447a, 2447b, 2447c, 2447d, and
2447e of chapter 144B of title 10, United States Code, are
transferred to chapter 327, as added by subsection (a), inserted
(in that order) after the table of sections at the beginning
of subchapter II, and redesignated as sections 4421, 4422, 4423,
4424, and 4425, respectively.
(2) CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4422.—Section 4422 of such title, as so transferred and

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redesignated, is amended by striking ‘‘section 2447c’’ in subsection (c)(3) and inserting ‘‘section 4423’’.
(3) CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4423.—Section 4423 of such title, as so transferred and
redesignated, is amended—
(A) in subsection (b), by striking ‘‘section 2447b’’ and
inserting ‘‘section 4422’’; and
(B) in subsection (e), by striking ‘‘section 2371b’’ and
inserting ‘‘section 4003’’.
(4) CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4424.—Section 4424 of such title, as so transferred and
redesignated, is amended by striking ‘‘section 2304’’ in subsection (a) and inserting ‘‘sections 3201 through 3205’’.
(5) CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4425.—Section 4425 of such title, as so transferred and
redesignated, is amended by striking ‘‘section 2446a’’ and
inserting ‘‘section 4401’’.
(d) CONFORMING AMENDMENTS.—
* (1) REPEAL OF CHAPTER 144B.—Chapter 144B of title 10,
United States Code, is repealed.
(2) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the item relating to chapter 144B.

10 USC 101 prec.,
2201 prec.

Subtitle G—Other Special Categories of
Contracting
SEC. 1856. ACQUISITION OF SERVICES GENERALLY.
(a) TABLES OF CHAPTERS AMENDMENTS.—The

tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232)), of title 10, United States Code, are amended by
striking the items relating to chapters 341 and 343 and inserting
the following:

10 USC 101 prec.,
3001 prec.

‘‘341. Acquisition of Services Generally ............................................................... 4501
‘‘343. Acquisition of Services of Contractors Performing Private Security
Functions .................................................................................................. 4541’’.

(b) NEW CHAPTER 341.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapters 341 and 343 and inserting
the following:

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‘‘CHAPTER 341—ACQUISITION OF SERVICES GENERALLY
‘‘Sec.
‘‘4501. Procurement of contract services: management structure.
‘‘4502. Procurement of contract services: senior officials responsible for management
of acquisition of contract services.
‘‘4503. øReserved¿.
‘‘4504. øReserved¿.
‘‘4505. Procurement of services: tracking of purchases.
‘‘4506. Procurement of services: data analysis and requirements validation.
‘‘4507. Procurement of services: contracts for professional and technical services.
‘‘4508. Contractor performance of acquisition functions closely associated with inherently governmental functions.
‘‘4509. Contracts for advisory and assistance services: cost comparison studies.’’.

10 USC 4501
prec., 4541
prec.
10 USC 4501
prec.

* Note: Citations in Sec. 1851(d)(1) for Chapter 144B of title 10, United States Code: 10 USC
2446a prec., 2446a–2446c, 2447a prec., 2447a–2447e, 2448a prec., 2448a, 2448b.

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(c) TRANSFER OF SECTION 2330 OF TITLE 10.—Section 2330
of title 10, United States Code, is transferred to chapter 341 of
such title, as amended by subsection (b), inserted after the table
of sections, and redesignated as section 4501.
(d) DESIGNATION OF NEW SECTION 4502.—Such chapter is further amended by inserting after paragraph (1) of subsection (a)
of section 4501, as transferred and redesignated by subsection (c),
the following:

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10 USC 4502.

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‘‘§ 4502. Procurement of contract services: senior officials
responsible for management of acquisition of contract services
‘‘(a) SENIOR OFFICIALS.—The management structure implemented pursuant to section 4501 of this title shall provide for
the following:’’.
(e) REVISION TO REMAINING TEXT OF SECTION 4501.—Such section 4501 is amended—
(1) by striking ‘‘for the following:’’ and inserting ‘‘for the
matters specified in subsections (b), (c), (d), and (e).’’;
(2) by redesignating paragraph (1) as subsection (b) and
subparagraphs (B), (C), and (D) as subsections (c), (d), and
(e), respectively;
(3) in subsection (b), as so redesignated—
(A) by realigning the margin of the subsection 2 ems
to the left;
(B) by striking ‘‘The Under’’ and all that follows
through ‘‘develop and maintain’’ and inserting ‘‘POLICIES,
PROCEDURES, AND BEST PRACTICES GUIDELINES.—The
management structure implemented pursuant to subsection
(a) shall provide that the Under Secretary of Defense for
Acquisition and Sustainment shall develop and maintain’’;
(C) by redesignating clauses (i) through (vi) as paragraphs (1) through (6), respectively, and realigning the
margin of those paragraphs 2 ems to the left; and
(D) by striking the semicolon at the end of such paragraph (6), as so redesignated, and inserting a period;
(4) in subsection (c), as redesignated by paragraph (2)—
(A) by realigning the margin of the subsection 4 ems
to the left;
(B) by striking ‘‘work with’’ and inserting ‘‘PERSONNEL
AND SUPPORT.—The management structure implemented
pursuant to subsection (a) shall provide that the Under
Secretary shall work with’’;
(C) by redesignating clauses (i) through (iii) as paragraphs (1) through (3), respectively;
(D) by inserting ‘‘and section 4502 of this title’’ in
paragraph (3), as so redesignated, after ‘‘under this section’’; and
(E) by striking the semicolon at the end and inserting
a period;
(5) in subsection (d), as redesignated by paragraph (2)—
(A) by realigning the margin of the subsection 4 ems
to the left;
(B) by striking ‘‘establish contract’’ and inserting ‘‘CONTRACT SERVICES ACQUISITION CATEGORIES.—The management structure implemented pursuant to subsection (a)

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4275

shall provide that the Under Secretary shall establish contract’’; and
(C) by striking ‘‘; and’’ at the end and inserting a
period;
(6) in subsection (e), as redesignated by paragraph (2)—
(A) by realigning the margin of the subsection 4 ems
to the left;
(B) by striking ‘‘oversee the’’ and inserting ‘‘OVERSIGHT
OF IMPLEMENTATION.—The management structure implemented pursuant to subsection (a) shall provide that the
Under Secretary shall oversee the’’;
(C) by inserting ‘‘and section 4502 of this title’’ after
‘‘of this section’’; and
(D) by striking ‘‘subparagraph (A)’’and inserting ‘‘subsection (b)’’; and
(7) by adding at the end the following new subsection:
‘‘(f) CONTRACT SERVICES.—In this section, the term ‘contract
services’ has the meaning given that term in section 4502(d)(2)
of this title.’’.
(f) REVISION TO SECTION 4502.—Section 4502 of such title,
as designated by subsection (d), is amended—
(1) by redesignating paragraphs (2) and (3) of subsection
(a) as paragraphs (1) and (2), respectively;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘subsection (a)(1)(C)’’
and inserting ‘‘section 4501(d) of this title’’; and
(B) in paragraph (2), by striking ‘‘subsection (a)(1)’’
and inserting ‘‘section 4501 of this title’’;
(3) by redesignating subsection (c) as subsection (d);
(4) by redesignating paragraph (3) of subsection (b) as
subsection (c) and redesignating subparagraphs (A) through
(F) thereof as paragraphs (1) through (6), respectively; and
(5) in subsection (c), as so redesignated—
(A) in the matter preceding paragraph (1), by striking
‘‘In carrying out paragraph (1)’’ and inserting ‘‘DUTIES AND
RESPONSIBILITIES.—In carrying out subsection (b)(1),’’;
(B) in paragraph (1), as so redesignated—
(i) by inserting ‘‘and section 4501 of this title’’
after ‘‘of this section’’; and
(ii) by striking ‘‘subsection (a)(1)(A)’’ and inserting
‘‘section 4501(b) of this title’’; and
(C) in paragraph (6), as so redesignated, by striking
‘‘section 2330a’’ and inserting ‘‘section 4505’’.
(g) TRANSFER OF SECTIONS 2330A, 2329, 2331, 2383, AND 2410L
OF TITLE 10.—Sections 2330a, 2329, 2331, 2383, and 2410l of title
10, United States Code, are transferred to chapter 341 of such
title, inserted (in that order) after section 4502, as designated
by subsection (c), and redesignated as sections 4505, 4506, 4507,
4508, and 4509, respectively.
(h) CONFORMING CROSS-REFERENCE AMENDMENT.—Subsection
(h)(3) of section 4505 of title 10, United States Code, as transferred
and redesignated by subsection (d), is amended by striking ‘‘section
2383(b)(2)’’ and inserting ‘‘section 4508(b)(2)’’.
(i) CONFORMING AMENDMENT FOR DEFINED TERM APPLICABLE
TO SECTION.—Subsection (b)(1) of section 4508 of title 10, United
States Code, as transferred and redesignated by subsection (g),

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134 STAT. 4276

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is amended by striking ‘‘has the meaning given in section 2302(1)
of this title, except that such term’’.
(j) PLACEHOLDER FOR CHAPTER FOR PROVISIONS RELATING TO
ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING PRIVATE
SECURITY FUNCTIONS.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by inserting after chapter 341, as added by this
section, the following new chapter:
10 USC 4571
prec.

‘‘CHAPTER 343—ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS
‘‘Subchapter
‘‘I. Contractors Performing Private Security Functions in Areas of Combat
Operations or Other Significant Military Operations ...........................
‘‘II. Standards and Certification for Private Security .........................................

10 USC 4571
prec.

Sec.
4541
4551

‘‘SUBCHAPTER I—CONTRACTORS PERFORMING PRIVATE
SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY OPERATIONS
‘‘Sec.
‘‘4541. øReserved¿.

‘‘SUBCHAPTER II—STANDARDS AND CERTIFICATION FOR
PRIVATE SECURITY CONTRACTORS

10 USC 4571
prec.

‘‘Sec.
‘‘4551. øReserved¿.’’.
SEC. 1857. ACQUISITION OF INFORMATION TECHNOLOGY.

10 USC 4571.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 345 and inserting the following:

10 USC 4571
prec.
‘‘Sec.
‘‘4571.
‘‘4572.
‘‘4573.
‘‘4574.
‘‘4575.
‘‘4576.

‘‘CHAPTER 345—ACQUISITION OF INFORMATION
TECHNOLOGY
Information technology acquisition: planning and oversight processes.
øReserved¿.
øReserved¿.
øReserved¿.
øReserved¿.
Requirement for consideration of certain matters during acquisition of noncommercial computer software.’’.

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(b) TRANSFER OF SECTION 2223A.—
(1) Section 2223a of title 10, United States Code, is transferred to chapter 345 of such title, as amended by subsection
(a), inserted after the table of sections, and redesignated as
section 4571.
(2) The heading of such section is amended to read as
follows:
‘‘§ 4571. Information technology acquisition: planning and
oversight processes’’.
(c) TRANSFER OF SECTION 2322A.—Section 2322a of title 10,
United States Code, is transferred to chapter 345 of such title,

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134 STAT. 4277

as amended by subsection (a), inserted after section 4571, as added
by subsection (b), and redesignated as section 4576.

Subtitle H—Contract Management
SEC. 1861. CONTRACT ADMINISTRATION.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 361 and inserting the following:
‘‘CHAPTER 361—CONTRACT ADMINISTRATION

10 USC 4601
prec.
10 USC 4601
prec.

‘‘Sec.
‘‘4601. Electronic submission and processing of claims for contract payments.
‘‘4602. Contracted property and services: prompt payment of vouchers.
‘‘4603. Advance notification of contract performance outside the United States.’’.

(b) TRANSFER OF TITLE 10 SECTIONS.—Sections 2227, 2226,
and 2410g of title 10, United States Code, are transferred to chapter
361 of such title, as amended by subsection (a), inserted (in that
order) after the table of sections at the beginning of such chapter,
and redesignated as section 4601, 4602, and 4603, respectively.
SEC. 1862. PROHIBITIONS AND PENALTIES.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 363 and inserting the following:
‘‘CHAPTER 363—PROHIBITION AND PENALTIES
‘‘Sec.
‘‘4651. Expenditure of appropriations: limitation.
‘‘4652. Prohibition on use of funds for documenting economic or employment impact
of certain acquisition programs.
‘‘4653. Prohibition on use of funds to relieve economic dislocations.
‘‘4654. Prohibition on doing business with certain offerors or contractors.
‘‘4655. Prohibition of contractors limiting subcontractor sales directly to the United
States.
‘‘4656. Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors.
‘‘4657. Prohibition on criminal history inquiries by contractors prior to conditional
offer.
‘‘4658. Debarment of persons convicted of fraudulent use of ‘Made in America’ labels.
‘‘4659. Prohibition on contracting with entities that comply with the secondary Arab
boycott of Israel.
‘‘4660. Prohibition on collection of political information.’’.

10 USC 4651
prec.
10 USC 4651
prec.

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(b) TRANSFER AND REDESIGNATION OF TITLE 10 SECTIONS.—
The sections of title 10, United States Code, specified in the lefthand column of the following table are transferred to chapter 363
of such title, as amended by subsection (a), inserted (in the order
shown in the following table) after the table of sections at the
beginning of such chapter, and redesignated in accordance with
the section numbers in the right-hand column, as follows:

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Section

Redesignated Section

2207

4651

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134 STAT. 4278

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

Redesignated Section

2249
2392
2393
2402
2408
2339
2410f
2410i
2335

4652
4653
4654
4655
4656
4657
4658
4659
4660

(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 2343 of title 10, United States Code, is amended
by striking ‘‘Sections 2207,’’ and inserting ‘‘Sections 4651,’’.
(2) Subsection (b) of section 4657 of title 10, United States
Code, as transferred and redesignated by subsection (b), is
amended by striking ‘‘section 2393(c)’’ and inserting ‘‘section
4654(c)’’.
(3) Section 1123 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.1614)
is amended—
(A) in subsection (b)(2), by striking ‘‘Section 2339(a)’’
and inserting ‘‘Section 4657(a)’’; and
(B) in subsection (c)(1), by striking ‘‘section 2339’’ and
inserting ‘‘section 4657’’.

10 USC 4658.

10 USC 2339
note.

SEC. 1863. CONTRACTOR WORKFORCE.

10 USC 4701
prec.

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10 USC 4701
prec.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 365 and inserting the following:
‘‘CHAPTER 365—CONTRACTOR WORKFORCE
‘‘Sec.
‘‘4701. Contractor employees: protection from reprisal for disclosure of certain information.
‘‘4702. Incentives and consideration for qualified training programs.
‘‘4703. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers’ aides.
‘‘4704. Defense contractors: listing of suitable employment openings with local employment service office.’’.

(b) TRANSFER OF TITLE 10 SECTIONS.—Sections 2409, 2409a,
2410j, and 2410k of title 10, United States Code, are transferred
to chapter 365 of such title, as amended by subsection (a), inserted
(in that order) after the table of sections, and redesignated as
sections 4701, 4702, 4703, and 4704, respectively.
(c) CONFORMING AMENDMENTS TO NEW 4701.—Subsection (g)
of section 4701 of title 10, United States Code, as transferred
and redesignated by subsection (b), is amended—
(1) by striking ‘‘section 2303’’ in paragraph (1) and inserting
‘‘section 3063’’; and
(2) by striking paragraph (2).

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134 STAT. 4279

SEC. 1864. OTHER ADMINISTRATIVE MATTERS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 367 and inserting the following:
‘‘CHAPTER 367—OTHER ADMINISTRATIVE MATTERS
‘‘Sec.
‘‘4751.
‘‘4752.
‘‘4753.
‘‘4754.

10 USC 4751
prec.
10 USC 4751
prec.

Determinations and decisions.
Remission of liquidated damages.
Supplies: identification of supplier and sources.
Management of purchase cards.’’.

(b) TRANSFER OF TITLE 10 SECTIONS.—Sections 2310, 2312,
2384, and 2784 of title 10, United States Code, are transferred
to chapter 367 of such title, as amended by subsection (a), inserted
(in that order) after the table of sections, and redesignated as
sections 4751, 4752, 4753, and 4754, respectively.
(c) CONFORMING AMENDMENTS TO NEW SECTION 4751.—Section
4751 of title 10, United States Code, as transferred and redesignated
by subsection (b), is amended—
(1) in subsection (a), by striking ‘‘made under this chapter’’
and inserting ‘‘made under any chapter 137 legacy provision’’;
and
(2) in subsection (b), by striking ‘‘section 2306(g)(1), 2307(d),
or 2313(c)(2)(B)’’ and inserting ‘‘section 3531(a), 3803, or
3841(c)(2)(B)’’.

Subtitle I—Defense Industrial Base
SEC. 1866. DEFENSE INDUSTRIAL BASE GENERALLY.

(a) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters
at the beginning of subtitle A, and at the beginning of part V
of subtitle A (as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232)), of title 10, United States Code, are amended by
striking the item relating to chapter 381 and inserting the following:
‘‘381.
‘‘382.
‘‘383.
‘‘384.
‘‘385.

Defense Industrial Base Generally .............................................................
Policies and Planning ..................................................................................
Development, Application, & Support of Dual-Use Technologies ............
Manufacturing Technology ..........................................................................
Other Technology Base Policies and Programs .........................................

10 USC 101 prec.,
3001 prec.

4801
4811
4831
4841
4851’’.

(b) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by striking chapter 381 and inserting the following:

10 USC 4801
prec.

‘‘CHAPTER 381—DEFENSE INDUSTRIAL BASE
GENERALLY

10 USC 4801
prec.

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‘‘Sec.
‘‘4801. Definitions.’’.

(c) TRANSFER OF DEFINITIONS SECTION.—Section 2500 of such
title is transferred to chapter 381 of such title, as amended by
subsection (b), inserted after the table of sections at the beginning,
redesignated as section 4801, and amended—

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134 STAT. 4280

PUBLIC LAW 116–283—JAN. 1, 2021
(1) in the matter preceding paragraph (1), by striking ‘‘In
this chapter’’ and inserting ‘‘In this subpart’’;
(2) in paragraph (8), by striking ‘‘section 2505’’ and ‘‘section
2501(a)’’ and inserting ‘‘section 4816’’ and ‘‘section 4811(a)’’,
respectively; and
(3) by adding at the end the following new paragraph:
‘‘(16) The term ‘chapter 148 legacy provision’ means any
of the following provisions of this subpart: sections 4801, 4811–
4819, 4831–4834, 4841–4843, 4851, 4852, 4861–4864, 4871,
4872, 4881–4884, 4891, and 4892, and chapter 389.’’.
(d) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 843(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. 2302 note) is amended—
(A) in paragraph (4), by striking ‘‘section 2302(9)’’ and
inserting ‘‘section 3021’’; and
(B) in paragraph (5), by striking ‘‘section 2500(5)’’ and
inserting ‘‘section 4801(5)’’.
(2) Section 2474(a)(2) of title 10, United States Code, is
amended by striking ‘‘section 2500(1)’’ and inserting ‘‘section
4801(1)’’.
(3) Section 881 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2501
note) is amended—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1), by
striking ‘‘section 2500’’ and inserting ‘‘section 4801’’;
and
(ii) in paragraph (4), by striking ‘‘section 2501(b)’’
and inserting ‘‘section 4811(b)’’; and
(B) in subsection (c), by striking ‘‘section 2504’’ and
inserting ‘‘section 4814’’.
(4) The National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 10 U.S.C. 2501 note) is amended—
(A) in section 812—
(i) in subsection (a)(1)(B), by striking ‘‘section
2501’’ and inserting ‘‘section 4811’’; and
(ii) in subsection (b)(3), by striking ‘‘section 2507’’
and inserting ‘‘section 4817’’; and
(B) in section 814(c), by striking ‘‘section 2534’’ and
inserting ‘‘section 4864’’.
(5) Section 1712(c)(2) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2536
note) is amended by striking ‘‘section 2500’’ and inserting ‘‘section 4801’’.

SEC. 1867. POLICIES AND PLANNING.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by adding after chapter 381, as amended by
the preceding section, the following new chapter:

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10 USC 4811
prec.

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‘‘CHAPTER 382—POLICIES AND PLANNING
‘‘Sec.
‘‘4811. National security strategy for national technology and industrial base.
‘‘4812. National Defense Technology and Industrial Base Council.

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‘‘4813. National defense program for analysis of the technology and industrial base.
‘‘4814. Annual report to Congress.
‘‘4815. Unfunded priorities of the national technology and industrial base: annual
report.
‘‘4816. National technology and industrial base: periodic defense capability assessments.
‘‘4817. Industrial Base Fund.
‘‘4818. Data collection authority of President.
‘‘4819. Modernization of acquisition processes to ensure integrity of industrial base.’’.

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(b) TRANSFER AND REDESIGNATION OF TITLE 10 SECTIONS.—
The sections of title 10, United States Code, specified in the lefthand column of the following table are transferred to chapter 382
of such title, as added by subsection (a), inserted (in the order
shown in the following table) after the table of sections at the
beginning of such chapter, and redesignated in accordance with
the section numbers in the right-hand column, as follows:
Section

Redesignated Section

2501
2502
2503
2504
2504a
2505
2508
2507
2509

4811
4812
4813
4814
4815
4816
4817
4818
4819

(c) SECTION 2506.—
(1) INSERTION OF TEXT OF SECTION 2506 AT END OF SECTION
4811.—
(A) Section 4811 of such title, as transferred and
redesignated by subsection (b), is amended by adding at
the end the following new subsection:
‘‘(c) DEPARTMENT OF DEFENSE TECHNOLOGY AND INDUSTRIAL
BASE POLICY GUIDANCE.—’’.
(B) Subsections (a) and (b) of section 2506 of such
title are transferred to the end of subsection (c) of such
section 4811, as added by subparagraph (A), redesignated
as paragraphs (1) and (2), respectively, indented 2 ems
from the left margin, and amended—
(i) in paragraph (1), as so redesignated, by striking
‘‘section 2501(a) of this title’’ and inserting ‘‘subsection
(a)’’; and
(ii) in paragraph (2), as so redesignated, by striking
‘‘subsection (a)’’ and inserting ‘‘paragraph (1)’’.
(2) CONFORMING REPEAL.—Section 2506 of such title is
repealed.
(d) CONFORMING CROSS-REFERENCE AMENDMENTS.—Sections of
chapter 382 of such title, as transferred and redesignated by subsection (b), are amended as follows:
(1) Section 4812 is amended by striking ‘‘section 2501(a)’’
in subsection (c)(1) and inserting ‘‘section 4811(a)’’.
(2) Section 4813 is amended by striking ‘‘section 2505’’
in subsection (c)(3)(A) and inserting ‘‘section 4816’’.
(3) Section 4814 is amended—

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134 STAT. 4282

PUBLIC LAW 116–283—JAN. 1, 2021
(A) in paragraph (1), by striking ‘‘section 2506’’ and
inserting ‘‘section 4811(c)’’;
(B) in paragraph (2), by striking ‘‘section 2505’’ and
inserting ‘‘section 4816’’; and
(C) in paragraph (3), by striking ‘‘section 2501’’ and
‘‘section 2505’’ and inserting ‘‘section 4811’’ and ‘‘section
4816’’, respectively.
(4) Section 4816 is amended by striking ‘‘section 2501(a)’’
in subsection (a) and inserting ‘‘section 4811(a)’’.
(5) Section 4818 is amended in subsection (a)—
(A) by striking ‘‘of this chapter’’ and inserting ‘‘of the
chapter 148 legacy provisions’’; and
(B) by striking ‘‘under this chapter’’ and inserting
‘‘under those provisions’’.
(6) Section 4819(f)(1)(A) is amended by striking ‘‘section
2339a(e)’’ and inserting ‘‘section 3252(c)’’.
(e) CONFORMING CROSS-REFERENCE AMENDMENTS.—
(1) Section 2198(c) of title 10, United States Code, is
amended by striking ‘‘section 2505’’ and ‘‘section 2501(a)’’ and
inserting ‘‘section 4816’’ and ‘‘section 4811(a)’’, respectively.
(2) Section 2709(a) of such title is amended by striking
‘‘section 2501’’ and inserting ‘‘section 4811’’.
(3) Section 8685 of such title is amended by striking ‘‘section 2501(b)’’ in subsections (a) and (c) and inserting ‘‘section
4811(b)’’.

SEC. 1868. DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE
TECHNOLOGIES.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by adding after chapter 382, as added by the
preceding section, the following new chapter:
‘‘CHAPTER 383—DEVELOPMENT, APPLICATION, AND
SUPPORT OF DUAL-USE TECHNOLOGIES

10 USC 4831
prec.

‘‘Sec.
‘‘4831.
‘‘4832.
‘‘4833.
‘‘4834.

Defense dual-use critical technology program.
Encouragement of technology transfer.
Federal Defense Laboratory Diversification Program.
Overseas foreign critical technology monitoring and assessment financial assistance program.’’.

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(b) TRANSFER AND REDESIGNATION OF TITLE 10 SECTIONS.—
The sections of title 10, United States Code, specified in the lefthand column of the following table are transferred to chapter 383
of such title, as added by subsection (a), inserted (in the order
shown in the following table) after the table of sections at the
beginning of such chapter, and redesignated in accordance with
the section numbers in the right-hand column, as follows:

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Section

Redesignated Section

2511
2514
2519
2518

4831
4832
4833
4834

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(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—Sections of
chapter 383 of such title, as transferred and redesignated by subsection (b), are amended as follows:
(1) Section 4831 is amended—
(A) in subsection (a), by striking ‘‘section 2501(a)’’ and
‘‘section 2371’’ and inserting ‘‘section 4811(a)’’ and ‘‘section
4002’’, respectively; and
(B) in subsection (e)(1), by striking ‘‘section 2501(a)’’
and inserting ‘‘section 4811(a)’’.
(2) Section 4832 is amended in subsection (a) by striking
‘‘section 2501(a)’’ and inserting ‘‘section 4811(a)’’.
(3) Section 4833 is amended—
(A) in subsection (a), by striking ‘‘section 2501(a)’’ and
inserting ‘‘section 4811(a)’’;
(B) in subsection (c)(1), by striking ‘‘section 2371’’ and
inserting ‘‘section 4002’’;
(C) in subsection (d)(2), by striking ‘‘section 2511(c)(2)’’
and inserting ‘‘section 4831(c)(2)’’; and
(D) in subsection (f), by striking ‘‘section 2511(e)’’ and
inserting ‘‘section 4831(e)’’.
SEC. 1869. MANUFACTURING TECHNOLOGY.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by adding after chapter 383, as added by the
preceding section, the following new chapter:
‘‘CHAPTER 384—MANUFACTURING TECHNOLOGY

10 USC 4841
prec.

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‘‘Sec.
‘‘4841. Manufacturing Technology Program.
‘‘4842. Joint Defense Manufacturing Technology Panel.
‘‘4843. Armament retooling and manufacturing.’’.

(b) TRANSFER AND REDESIGNATION OF SECTION 2521.—
(1) TRANSFER AND REDESIGNATION.—Section 2521 of title
10, United States Code, is transferred to chapter 384 of such
title, as added by subsection (a), inserted after the table of
sections at the beginning of such chapter, and redesignated
as section 4841.
(2) CONFORMING CROSS-REFERENCE AMENDMENTS.—Such
section is amended—
(A) in subsection (a), by striking ‘‘section 2501(a)’’ and
inserting ‘‘section 4811(a)’’; and
(B) in subsection (d)(1), by striking ‘‘section 2374’’ and
inserting ‘‘section 4008’’.
(c) DESIGNATION OF FORMER SECTION 2521(E) AS SECTION
4842.—
(1) Such chapter is further amended—
(A) by transferring subsection (f) of section 4841 within
that section so as to appear after subsection (d) and redesignating that subsection as subsection (e); and
(B) by redesignating as section 4842 the subsection
(e) following the subsection transferred and redesignated
by subparagraph (A) and inserting at the beginning of
such section 4842 the following section heading:

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134 STAT. 4284
10 USC 4842.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 4842. Joint Defense Manufacturing Technology Panel’’.
(2) Section 4842 of title 10, United States Code, as designated by paragraph (1)(B), is amended—
(A) by striking ‘‘(e) JOINT DEFENSE MANUFACTURING
TECHNOLOGY PANEL.—’’;
(B) by redesignating paragraphs (1) through (6) as
subsections (a) through (f), respectively;
(C) in subsection (b), as so redesignated, by redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively;
(D) in subsection (c), as so redesignated, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1),
(2), and (3) respectively;
(E) in subsection (d), as so redesignated—
(i) by striking ‘‘paragraph (3)’’ and inserting ‘‘subsection (c)’’; and
(ii) by redesignating subparagraphs (A), (B), (C),
and (D) as paragraphs (1), (2), (3), and (4), respectively;
and
(F) in subsection (e), as so redesignated, by striking
‘‘this paragraph’’ and inserting ‘‘this subsection’’.
(d) TRANSFER AND REDESIGNATION OF SECTION 2522.—Section
2522 of title 10, United States Code, is transferred to chapter
384 of such title, as added by subsection (a), inserted after section
4842, as designated by subsection (c)(1)(B), and redesignated as
section 4843.
(e) CONFORMING CROSS-REFERENCE AMENDMENT.—Section
1644(f)(1) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2224
note) is amended by striking ‘‘section 2521’’ and inserting ‘‘section
4841’’.
SEC. 1870. OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended by adding after chapter 384, as added by the
preceding section, the following new chapter:
10 USC 4851
prec.

‘‘CHAPTER 385—OTHER TECHNOLOGY BASE POLICIES
AND PROGRAMS
‘‘Subchapter
‘‘I. Defense Trade Reciprocity and Offset Policy .................................................
‘‘II. Limitations on Procurement of Certain Items from Foreign Sources ........
‘‘III. Limitations on Procurement from Certain Foreign Sources ......................
‘‘IV. Defense Industrial Reserve and Industrial Mobilization ...........................
‘‘V. Other Matters ..................................................................................................

Sec.
4851
4861
4871
4881
4891

‘‘SUBCHAPTER I—DEFENSE TRADE RECIPROCITY AND
OFFSET POLICY

10 USC 4851
prec.

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‘‘Sec.
‘‘4851. Defense memoranda of understanding and related agreements.
‘‘4852. Offset policy; notification.’’.

(b) TRANSFER AND REDESIGNATION OF SECTIONS 2531 AND
2532.—Sections 2531 and 2532 of title 10, United States Code,
are transferred to chapter 385 of such title, as added by subsection

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4285

(a), inserted after the table of sections at the beginning of subchapter I, and redesignated as sections 4851 and 4852, respectively.
(c) SUBCHAPTER II.—
(1) DESIGNATION OF SUBCHAPTER II.—Chapter 385 of title
10, United States Code, is further amended by adding after
subchapter I, as amended by subsection (b), the following:
‘‘SUBCHAPTER II—LIMITATIONS ON PROCUREMENT OF
CERTAIN ITEMS FROM FOREIGN SOURCES

10 USC 4861
prec.

‘‘Sec.
‘‘4861. Determinations of public interest under chapter 83 of title 41.
‘‘4862. Requirement to buy certain articles from American sources; exceptions.
‘‘4863. Requirement to buy strategic materials critical to national security from
American sources; exceptions.
‘‘4864. Miscellaneous limitations on the procurement of goods other than United
States goods.’’.

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(2) TRANSFER AND REDESIGNATION OF SECTIONS 2533, 2533A,
2533B, AND 2534.—Sections 2533, 2533a, 2533b, and 2534 of
title 10, United States Code, are transferred to chapter 385
of such title, as added by subsection (a), inserted (in that
order) after the table of sections at the beginning of subchapter
II, and redesignated as sections 4861, 4862, 4863, and 4864,
respectively.
(3) CONFORMING CROSS-REFERENCE AMENDMENTS.—Section
4864 of such title, as so transferred and redesignated, is
amended—
(A) in subsection (d)(3), by striking by striking ‘‘section
2531’’ and inserting ‘‘section 4851’’;
(B) in subsection (e)(3), by striking ‘‘section 2532(d)(1)’’
and inserting ‘‘section 4852(d)(1)’’; and
(C) in paragraph (2)(B) of the first subsection (k)
(relating to ‘‘Limitation on certain procurements application
process’’), by striking ‘‘section 2500(1)’’ both places it
appears and inserting ‘‘section 4801(1)’’.
(4) ADDITIONAL TECHNICAL AMENDMENTS.—Section 4864 of
such title, as so transferred and redesignated, is further
amended by redesignating the second subsection (k) (added
by section 853(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92)) as subsection (l).
(5) CONFORMING AMENDMENT.—Section 854(a)(2) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 10 U.S.C. 2533b note) is amended by striking
‘‘section 2533a(b)’’ and inserting ‘‘section 4862(b)’’.
(6) CROSS-REFERENCE AMENDMENTS.—
(A) Section 2375(e)(2) of title 10, United States Code,
is amended by striking ‘‘section 2533a’’ and ‘‘section 2533b’’
and inserting ‘‘section 4862’’ and ‘‘section 4863’’, respectively.
(B) Section 8118 of Public Law 108–287 (10 U.S.C.
2533a note) is amended by striking ‘‘section 2533a(f)’’ and
inserting ‘‘section 4862(f)’’.
(C) Section 187(b)(5) of title 10, United States Code,
is amended by striking ‘‘section 2533b’’ and inserting ‘‘section 4863’’.
(d) SUBCHAPTER III.—
(1) DESIGNATION OF SUBCHAPTER III.—Chapter 385 of title
10, United States Code, is further amended by adding after
subchapter II, as added by subsection (c)(1), the following:

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134 STAT. 4286
10 USC 4871
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘SUBCHAPTER III—LIMITATIONS ON PROCUREMENT FROM
CERTAIN FOREIGN SOURCES
‘‘Sec.
‘‘4871. Acquisition of sensitive materials from non-allied foreign nations: prohibition.
‘‘4872. Award of certain contracts to entities controlled by a foreign government:
prohibition.’’.

(2) TRANSFER AND REDESIGNATION OF SECTIONS 2533C AND
2536.—Sections 2533c and 2536 of title 10, United States Code,
are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections
at the beginning of subchapter III, and redesignated as sections
4871 and 4872, respectively.
(3) CROSS-REFERENCE AND CLERICAL AMENDMENTS.—
(A) Section 4871 of such title, as so transferred and
redesignated, is amended by striking ‘‘section 2533b(m)’’
in subsection (d)(3) and inserting ‘‘section 4863(m)’’.
(B) The heading of such section is amended to read
as follows:
‘‘§ 4871. Acquisition of sensitive materials from non-allied
foreign nations: prohibition’’.
(4) CONFORMING CROSS-REFERENCE AMENDMENT.—Section
2572(e)(2)(A) of title 10, United States Code, is amended by
striking ‘‘section 2536(c)(1)’’ and inserting ‘‘section 4872(c)(1)’’.
(e) SUBCHAPTER IV.—
(1) DESIGNATION OF SUBCHAPTER IV.—Chapter 385 of title
10, United States Code, is further amended by adding after
subchapter III, as added by subsection (d), the following:
‘‘SUBCHAPTER IV—DEFENSE INDUSTRIAL RESERVE AND
INDUSTRIAL MOBILIZATION

10 USC 4881
prec.

‘‘Sec.
‘‘4881. Defense Industrial Reserve.
‘‘4882. Industrial mobilization: orders; priorities; possession of manufacturing
plants; violations.
‘‘4883. Industrial mobilization: plants; lists.
‘‘4884. Industrial mobilization: Board on Mobilization of Industries Essential for
Military Preparedness.’’.

(2) TRANSFER AND REDESIGNATION OF SECTIONS 2535, 2538,
2539, AND 2539A.—
(A) IN GENERAL.—Sections 2535, 2538, 2539, and 2539a

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of title 10, United States Code, are transferred to chapter
385 of such title, as added by subsection (a), inserted (in
that order) after the table of sections at the beginning
of subchapter IV, and redesignated as sections 4881, 4882,
4883, and 4884, respectively.
(B) CROSS-REFERENCE AMENDMENT.—Section 4884 of
such title, as so transferred and redesignated, is amended
by striking ‘‘sections 2538 and 2539’’ and inserting ‘‘sections
4882 and 4883’’.
(f) SUBCHAPTER V.—
(1) DESIGNATION OF SUBCHAPTER V.—Chapter 385 of title
10, United States Code, is further amended by adding after
subchapter IV, as added by subsection (e), the following:
10 USC 4891
prec.

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‘‘SUBCHAPTER V—OTHER MATTERS
‘‘Sec.
‘‘4891. Improved national defense control of technology diversions overseas.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4287

‘‘4892. Availability of samples, drawings, information, equipment, materials, and
certain services.’’.

(2) TRANSFER AND REDESIGNATION OF SECTIONS 2537 AND
2539B.—Sections 2537 and 2539b of title 10, United States Code,
are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections
at the beginning of subchapter V, and redesignated as sections
4891 and 4892, respectively.
SEC. 1871. SMALL BUSINESS PROGRAMS.

(a) IN GENERAL.—Part V of subtitle A of title 10, United States
Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended—
(1) by striking chapter 285; and
(2) by adding at the end the following new chapter:
‘‘CHAPTER 387—SMALL BUSINESS PROGRAMS
‘‘Subchapter
‘‘I. General ..............................................................................................................

Sec.
4901

‘‘SUBCHAPTER I—GENERAL

10 USC 3901
prec.
10 USC 4901
prec.

10 USC 4901
prec.

‘‘Sec.
‘‘4901. Department of Defense small business strategy.’’.

(b) TRANSFER OF SECTION 2283.—Section 2283 of title 10,
United States Code, is transferred to chapter 387 of such title,
as added by paragraph (1), inserted after the table of sections
at the end of subchapter I, redesignated as section 4901, and
amended in subsections (b)(3) and (e) by striking ‘‘chapter 142’’
and inserting ‘‘chapter 388’’.
SEC. 1872. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE
AGREEMENT PROGRAM.

(a) NEW CHAPTER.—
(1) IN GENERAL.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232), is amended—
(A) by striking chapter 385 (as enacted by that Act);
and
(B) by adding after chapter 387, as added by the preceding section, the following new chapter:
‘‘CHAPTER 388—PROCUREMENT TECHNICAL
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

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‘‘Sec.
‘‘4951.
‘‘4952.
‘‘4953.
‘‘4954.
‘‘4955.
‘‘4956.
‘‘4957.
‘‘4958.
‘‘4959.

10 USC 4951
prec.

Purposes; definitions; regulations.
Cooperative agreements.
Funding.
Distribution.
Subcontractor information.
Authority to provide certain types of technical assistance.
Advancing small business growth.
[Reserved].
Administrative and other costs.

‘‘§ 4951. Purposes; definitions; regulations’’.
(2) TRANSFER OF SECTION 2412.—The text of section 2412
of title 10, United States Code, is transferred to section 4951

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10 USC 4951.

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134 STAT. 4288

of such title, as added by paragraph (1), inserted after the
section heading, designated as subsection (a), and amended
by inserting ‘‘PURPOSES.—’’ before ‘‘The purposes of the program’’.
(3) TRANSFER OF SECTION 2411.—
(A) TRANSFER.—The text of section 2411 of title 10,
United States Code, is transferred to section 4951 of such
title, as added by paragraph (1), inserted after subsection
(a), as added by paragraph (2), designated as subsection
(b), and amended by inserting ‘‘DEFINITIONS.—’’ before ‘‘In
this chapter’’.
(B) PRESERVATION OF FUTURE AMENDMENT.—Section
852(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1511; 10 U.S.C.
2411 note) is amended by striking ‘‘section 2411(3)’’ and
inserting ‘‘section 4951(b)(3)’’, except that if the effective
date of this section is after October 1, 2021, such amendment shall not be made.
(4) TRANSFER OF SECTION 2420.—The text of section 2420
of title 10, United States Code, is transferred to section 4951
of such title, as added by paragraph (1), inserted after subsection (b), as added by paragraph (3), designated as subsection
(c), and amended by inserting ‘‘REGULATIONS.—’’ before ‘‘The
Secretary of Defense’’.
(5) TRANSFER OF SECTION 2413.—Section 2413 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1), inserted after section 4951,
redesignated as section 4952, and amended—
(A) in subsection (a), by inserting ‘‘AUTHORITY.—’’ after
‘‘(a)’’;
(B) in subsection (b)—
(i) by inserting ‘‘AGREEMENTS.—’’ before ‘‘Under
any such’’ ; and
(ii) by striking ‘‘section 2419(b)’’ in paragraph (2)
and inserting ‘‘section 4957(b)’’;
(C) in subsection (c), by inserting ‘‘DISTRIBUTION OF
PROGRAMS.—’’ after ‘‘(c)’’;
(D) in subsection (d), by inserting ‘‘WEIGHT TO BE
GIVEN SUCCESSFUL PAST PERFORMANCE.—’’ after ‘‘(d)’’; and
(E) in subsection (e), by inserting ‘‘DETERMINATION OF
LEVEL OF FUNDING.—’’ after ‘‘(e)’’.
(6) TRANSFER OF SECTION 2414.—Section 2414 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1), inserted after section 4952, as
transferred and redesignated by paragraph (5), redesignated
as section 4953, and amended—
(A) by striking ‘‘clause’’ in paragraphs (1) and (2) of
subsection (a) and inserting ‘‘paragraph’’;
(B) by striking ‘‘section 2411(1)(D)’’ in subsections
(a)(3), (a)(4), and (b) and inserting ‘‘section 4951(b)(1)(D)’’;
and
(C) in subsection (c), by striking ‘‘section 2419(b)’’ and
inserting ‘‘section 4957(b)’’.
(7) TRANSFER OF SECTION 2415.—Section 2415 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1), inserted after section 4953, as

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10 USC 2411
note.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4289

transferred and redesignated by paragraph (6), and redesignated as section 4954.
(8) TRANSFER OF SECTION 2416.—Section 2416 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1), inserted after section 4954, as
transferred and redesignated by paragraph (7), redesignated
as section 4955, and amended—
(A) in subsection (a), by inserting ‘‘CONTRACTORS TO
PROVIDE INFORMATION.—’’ after ‘‘(a)’’;
(B) in subsection (b), by inserting ‘‘INFORMATION TO
BE PROVIDED.—’’ after ‘‘(b)’’;
(C) in subsection (c), by inserting ‘‘FREQUENCY.—’’ after
‘‘(c)’’; and
(D) in subsection (d), by inserting ‘‘DEFINITION.—’’ after
‘‘(d)’’.
(9) TRANSFER OF SECTION 2418.—Section 2418 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1), inserted after section 4955, as
transferred and redesignated by paragraph (8), redesignated
as section 4956, and amended—
(A) in subsection (a), by inserting ‘‘ASSISTANCE
RELATING TO CERTAIN NON-DEFENSE CONTRACTS.—’’ after
‘‘(a)’’;
(B) in subsection (b), by inserting ‘‘INFORMATION
RELATING TO ASSISTANCE AND OTHER PROGRAMS AVAILABLE.—’’ after ‘‘(b)’’; and
(C) in subsection (c), by inserting ‘‘EDUCATION ON
REQUIREMENTS APPLICABLE TO SMALL BUSINESSES UNDER
CERTAIN REGULATIONS.—’’ after ‘‘(c)’’.
(10) TRANSFER OF SECTION 2419.—Section 2419 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1), inserted after section 4956, as
transferred and redesignated by paragraph (7), and redesignated as section 4957.
(11) TRANSFER OF SECTION 2417.—Section 2417 of title 10,
United States Code, is transferred to chapter 385 of such title,
as amended by paragraph (1),inserted after section 4957, as
added by paragraph (10), and redesignated as section 4959.
(b) CONFORMING REPEAL OF CHAPTER 142.—
(1) REPEAL.—Chapter 142 of title 10, United States Code,
is repealed.
(2) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of title 10, United States Code, are amended by
striking the items relating to chapter 142.

10 USC 101 prec.,
2201 prec.

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SEC. 1873. LOAN GUARANTEE PROGRAMS.

(a) NEW CHAPTER.—Part V of subtitle A of title 10, United
States Code, as added by section 801 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232), is amended—
(1) by striking chapter 383 (as enacted by that Act); and
(2) by adding after chapter 388, as added by the preceding
section, the following new chapter:

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10 USC 4861
prec.

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134 STAT. 4290

‘‘CHAPTER 389—LOAN GUARANTEE PROGRAMS

10 USC 4971
prec.

‘‘Subchapter
Sec.
‘‘I. Defense Export Loan Guarantees ...................................................................4971
‘‘II. Critical Infrastructure Protection Loan Guarantees .................................... 4981’’.
(b) TRANSFER OF EXISTING PROVISIONS.—Subchapters VI and

10 USC 4971
prec.,
2540–2540d,
4981 prec.,
2541–2541d.

10 USC 101 prec.,
3001 prec.
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PUBLIC LAW 116–283—JAN. 1, 2021

VII of chapter 148 of title 10, United States Code, are transferred
to chapter 389 of such title, as added by subsection (a), inserted
after the table of subchapters at the beginning of the chapter,
and redesignated as subchapters I and II, respectively.
(c) REDESIGNATION OF SECTIONS.—
(1) SUBCHAPTER I.—Sections 2540, 2540a, 2540b, 2540c
and 2540d of such title are redesignated as sections 4971,
4972, 4973, 4974, and 4975, respectively, and the items relating
to those sections in the table of sections at the beginning
of subchapter I of chapter 389, as transferred and redesignated
by subsection (b), are amended to conform to the redesignations
in this paragraph.
(2) SUBCHAPTER II.—Sections 2541, 2541a, 2541b, 2541c
and 2541d of such title are redesignated as sections 4981,
4982, 4983, 4984, and 4985, respectively, and the items relating
to those sections in the table of sections at the beginning
of subchapter II of chapter 389, as transferred and redesignated
by subsection (b), are amended to conform to the redesignations
in this paragraph.
(d) CONFORMING CROSS-REFERENCE AMENDMENTS IN 2540 NOTE
SECTION.—Section 8065 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note), is
amended—
(1) by striking ‘‘subchapter VI of chapter 148’’ both places
it appears and inserting ‘‘subchapter I of chapter 389’’; and
(2) by striking ‘‘section 2540c(d)’’ and inserting ‘‘section
4974(d)’’.
(e) CROSS-REFERENCE AMENDMENTS IN SUBCHAPTER II.—Subchapter II of chapter 389 of such title, as transferred and redesignated by subsection (b), is amended—
(1) in subsection (b)(5) of section 4981, as redesignated
by subsection (c)(2), by striking ‘‘section 2541d’’ and inserting
‘‘section 4985’’;
(2) in subsection (b) of section 4983, as redesignated by
subsection (c)(2), by striking ‘‘section 2541a(c)’’ and inserting
‘‘section 4982(c)’’; and
(3) in section 4984, as redesignated by subsection (c)(2)—
(A) in the matter preceding paragraph (1), by striking
‘‘subchapter VI’’ and inserting ‘‘subchapter I’’;
(B) in paragraph (1), by striking ‘‘Section 2540a’’ and
inserting ‘‘Section 4972’’;
(C) in paragraph (2), by striking ‘‘section 2540b’’ and
inserting ‘‘section 4973’’; and
(D) in paragraph (3), by striking ‘‘Section 2540d(2)’’
and inserting ‘‘Section 4975(2)’’.
(f) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of subtitle A, and at the beginning of part V of subtitle
A, of title 10, United States Code, are amended—
(1) by striking the items relating to chapters 285, 383,
and 385; and
(2) by adding at the end the following new items:
‘‘387. Small Business Programs ........................................................................... 4901

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4291

‘‘388. Procurement Technical Assistance Cooperative Agreement Program ..... 4951
‘‘389. Loan Guarantee Programs .......................................................................... 4971’’.

Subtitle J—Other Matters
SEC. 1876. RECODIFICATION OF CERTAIN TITLE 10 PROVISIONS
RELATING TO CONTRACT FINANCING FOR CERTAIN NAVY
CONTRACTS.

(a) RECODIFICATION OF PARAGRAPH (1) OF 10 U.S.C. 2307(G).—
Chapter 863 of title 10, United States Code, is amended by inserting
after section 8684 a new section 8684a consisting of—
(1) a heading as follows:
‘‘§ 8684a. Repair, maintenance, or overhaul of naval vessels:
rate for progress payments’’; and
(2) a text consisting of the text of paragraph (1) of section
2307(g) of title 10, United States Code, revised by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
(b) RECODIFICATION OF PARAGRAPH (3).—Such chapter is further
amended by inserting after section 8688 a new section 8688a consisting of—
(1) a heading as follows:

10 USC 8684a.

‘‘§ 8688a. Construction and conversion of naval vessels: liens’’;
and
(2) a text consisting of the text of paragraph (3) of section
2307(g) of such title.
(c) RECODIFICATION OF PARAGRAPH (2).—Subsection (c) of section 8702 of such title is amended—
(1) by striking the first two words of the subsection heading;
and
(2) by striking the text of that subsection and inserting
the text of paragraph (2) of section 2307(g) of such title,
amended by striking ‘‘this paragraph’’ in the second sentence
and inserting ‘‘this subsection’’.
(d) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 863 of such title is amended—
(1) by inserting after the item relating to section 8684
the following new item:

10 USC 8688a.

10 USC 8661
prec.

‘‘8684a. Repair, maintenance, or overhaul of naval vessels: rate for progress payments.’’;

(2) by inserting after the item relating to section 8688
the following new item:
‘‘8688a. Construction and conversion of naval vessels: liens.’’.

(e) CONFORMING REPEAL.—Section 2307(g) of such title is
repealed.
SEC. 1877. RECODIFICATION OF TITLE 10 STATUTE ON CADRE OF PERSONNEL WHO ARE INTELLECTUAL PROPERTY EXPERTS.

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(a) NEW SECTION IN ACQUISITION WORKFORCE CHAPTER.—
Chapter 87 of title 10, United States Code, is amended by inserting
after section 1706 the following new section:
‘‘§ 1707. Cadre of intellectual property experts’’.
(b) TRANSFER OF 10 U.S.C. 2322(B).—Subsection (b) of section
2322 of title 10, United States Code, is transferred to section

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134 STAT. 4292

PUBLIC LAW 116–283—JAN. 1, 2021

1707 of such title, as added by subsection (a), inserted after the
section heading, redesignated as subsection (a), and amended—
(1) by striking ‘‘CADRE OF INTELLECTUAL PROPERTY
EXPERTS.—(1) The Secretary’’ and inserting ‘‘CADRE.—The Secretary’’; and
(3) by redesignating paragraphs (2), (3), and (4) as subsections (b), (c), and (d), respectively.
(c) AMENDMENTS TO NEW 1707(B).—Subsection (b) of such section 1707, as so redesignated, is amended—
(1) by inserting ‘‘LEADERSHIP STRUCTURE.—’’ before ‘‘The
Under’’;
(2) by striking ‘‘Secretary shall establish’’ and inserting
‘‘Secretary—
‘‘(1) shall establish’’; and
(3) by striking ‘‘managed, and shall determine’’ and
inserting ‘‘managed; and
‘‘(2) shall determine’’.
(d) AMENDMENTS TO NEW 1707(C).—Subsection (c) of such section 17017, as so redesignated, is amended—
(1) by inserting ‘‘DUTIES.—’’ before ‘‘The cadre’’; and
(2) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively.
(e) AMENDMENTS TO NEW 1707(D).—Subsection (d) of such section 1707, as so redesignated, is amended—
(1) by striking ‘‘(A) In order to’’ and inserting ‘‘ADMINISTRATION.—
‘‘(1) In order to’’;
(2) by redesignating subparagraphs (B) through (F) as paragraphs (2) through (6), respectively, and realigning such paragraphs 2 ems from the left margin;
(3) in paragraph (1) of such subsection (d), as redesignated
by paragraph (1) of this subsection—
(A) in the first sentence—
(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (b)’’; and
(B) in the third sentence, by striking ‘‘subparagraphs
(B), (C), (D), and (F)’’ and inserting ‘‘paragraphs (2), (3),
(4), and (6)’’; and
(4) in paragraph (4), as redesignated by paragraph (2),
by striking ‘‘section 2320’’ and inserting ‘‘section 3775(a)’’.

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SEC. 1878. TRANSFER OF TITLE 10 SECTION RELATING TO NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS.

10 USC 8751
prec.

(a) TRANSFER OF SECTION 2339B.—Section 2339b of title 10,
United States Code, as added by section 820 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92), is
transferred to chapter 873 of such title, inserted before section
8752, and redesignated as section 8751.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 873 of such title is amended by inserting before
the item relating to section 8752 the following new item:
‘‘8751. Notification of Navy procurement production disruptions.’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4293

SEC. 1879. TRANSFER OF TITLE 10 SECTION RELATING TO ENERGY
SECURITY.
(a) TRANSFER.—Section 2410q of title 10, United States Code,

is transferred to subchapter II of chapter 173 of such title, inserted
after section 2922h, and redesignated as section 2922i.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the
following new item:

10 USC 2922
prec.

‘‘2922i. Multiyear contracts: purchase of electricity from renewable energy sources.’’.
SEC. 1880. PART IV HEADING.
(a) HEADING.—The heading of part IV of subtitle A of title

10, United States Code, is amended to read as follows:

‘‘PART IV—SERVICE, SUPPLY, AND PROPERTY’’.
(b) TABLE OF CHAPTERS.—The item relating to the heading
of part IV in the table of chapters at the beginning of subtitle
A of such title is amended to read as follows:

10 USC 2201
prec.

10 USC 101 prec.

‘‘Part IV—Service, Supply, and Property’’.
SEC. 1881. REPEAL OF CHAPTERS 137, 139, 144, AND 148.
* (a) REPEAL.—Chapters 137, 139, 144, and 148 of

title 10, United
States Code, are repealed.
(b) TABLE OF CHAPTERS.—The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle
A, of such title are amended by striking the items relating to
chapters 137, 139, 144, and 148.

10 USC 101 prec.,
2201 prec.

SEC. 1882. REVISION OF CHAPTER 141.
(a) CHAPTER HEADING.—

(1) The heading of chapter 141 of title 10, United States
Code, is amended to read as follows:

‘‘PART 141—MISCELLANEOUS PROVISIONS
RELATING TO PROPERTY’’.
(2) The items relating to such chapter in the table of
chapters at the beginning of subtitle A, and at the beginning
of part IV of subtitle A, of such title are amended to read
as follows:

10 USC 2381
prec.

10 USC 101 prec.,
2201 prec.

‘‘141. Miscellaneous Provisions Relating to Property ......................................... 2381’’.

(b) CONSOLIDATION OF REMAINING SECTIONS OF CHAPTER 141.—
Sections 2410r and 2410s of such title are transferred within
chapter 141 of such title to appear (in that order) before section
2389 and are redesignated as sections 2387 and 2388, respectively.
(c) TABLE OF SECTIONS.—The table of sections at the beginning
of such chapter is amended to read as follows:

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‘‘Sec.
‘‘2385. Arms and ammunition: immunity from taxation.
‘‘2387. Contract working dogs: requirement to transfer animals to 341st Training
Squadron after service life.
‘‘2388. Security clearances for facilities of certain companies.
‘‘2389. Ensuring safety regarding insensitive munitions.
‘‘2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense.
‘‘2391. Military base reuse studies and community planning assistance.
‘‘2396. Advances for payments for compliance with foreign laws, rent in foreign
countries, tuition, public utility services, and pay and supplies of armed
forces of friendly foreign countries.’’.

10 USC 2381
prec.

* Note: Citations in Sec. 1881(a) for Chapters 137, 139, 144, and 148 of title 10, United States
Code: 10 USC 2301 prec., 2302d, 2304–2307, 2313, 2320–2322, 2324, 2326, 2333, 2334, 2339c,
2351 prec., 2358c, 2374b, 2430 prec., 2440, 2500 prec., 2501 prec., 2511 prec., 2521 prec., 2531
prec., 2533d.

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134 STAT. 4294
10 USC 3001
note prec.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 1883. REFERENCES.
(a) DEFINITIONS.—In this section:
(1) REDESIGNATED SECTION.—The

term ‘‘redesignated section’’ means a section of title 10, United States Code, that
is redesignated by this title, as that section is so redesignated.
(2) SOURCE SECTION.—The term ‘‘source section’’ means
a section of title 10, United States Code, that is redesignated
by this title, as that section was in effect before the redesignation.
(b) REFERENCE TO SOURCE SECTION.—
(1) TREATMENT OF REFERENCE.—Except as otherwise provided in this title, a reference to a source section, including
a reference in a regulation, order, or other law, is deemed
to refer to the corresponding redesignated section.
* (2) TITLE 10.—Except as otherwise provided in this title,
in title 10, United States Code, each reference in the text
of such title to a source section is amended by striking such
reference and inserting a reference to the appropriate redesignated section.

10 USC 3001
note prec.

SEC. 1884. SAVINGS PROVISIONS.
(a) REGULATIONS, ORDERS, AND
ACTIONS.—A regulation, order, or other

OTHER ADMINISTRATIVE
administrative action in
effect under a provision of title 10, United States Code, redesignated
by this title continues in effect under the provision as so redesignated.
(b) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action
taken or an offense committed under a provision of title 10, United
States Code, redesignated by this title is deemed to have been
taken or committed under the provision as so redesignated.

10 USC 3001
note prec.

SEC. 1885. RULE OF CONSTRUCTION.

This title, including the amendments made by this title, is
intended only to reorganize title 10, United States Code, and may
not be construed to alter—
(1) the effect of a provision of title 10, United States Code,
including any authority or requirement therein;
(2) a department or agency interpretation with respect
to title 10, United States Code; or
(3) a judicial interpretation with respect to title 10, United
States Code.

Military
Construction
Authorization
Act for Fiscal
Year 2021.

DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2021’’.
SEC.

2002.

EXPIRATION OF AUTHORIZATIONS
REQUIRED TO BE SPECIFIED BY LAW.
EXPIRATION OF AUTHORIZATIONS AFTER

AND

AMOUNTS

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(a)
THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX for military construction
projects, land acquisition, family housing projects and facilities,
* Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181,
483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688,
3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171,
4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481,
8669b, 9082, 9462.

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231a,
3131,
4172,
8633,

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4295

and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations
therefor) shall expire on the later of—
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2024.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have
been obligated before the later of—
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2024 for military construction projects, land
acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2003. EFFECTIVE DATE.

Titles XXI through XXVII and title XXIX shall take effect
on the later of—
(1) October 1, 2020; or
(2) the date of the enactment of this Act.

10 USC 2350m
note.

TITLE XXI—ARMY MILITARY
CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.
2105.

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.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

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Army: Inside the United States
State

Installation or Location

Alaska ........................
Arizona ......................
California ..................
Colorado ....................
Georgia ......................

Fort Wainwright ......................................
Yuma Proving Ground .............................
Military Ocean Terminal Concord ..........
Fort Carson ..............................................
Fort Gillem ...............................................
Fort Gordon ..............................................
Aliamanu Military Reservation ..............
Schofield Barracks ...................................
Wheeler Army Airfield ............................

Hawaii .......................

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Amount
$114,000,000
$14,000,000
$46,000,000
$28,000,000
$71,000,000
$80,000,000
$71,000,000
$39,000,000
$89,000,000

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134 STAT. 4296

PUBLIC LAW 116–283—JAN. 1, 2021
Army: Inside the United States—Continued
State

Installation or Location

Amount

Louisiana ...................
Oklahoma ..................
South Carolina ..........
Virginia .....................

Fort Polk ...................................................
McAlester AAP .........................................
Fort Jackson .............................................
Humphreys Engineer Center ..................

$25,000,000
$35,000,000
$7,000,000
$51,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military
construction projects for the installation outside the United States,
and in the amount, set forth in the following table:
Army: Outside the United States
State

Installation

Amount

Italy ...........................

Casmera Renato Dal Din ........................

$10,200,000

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the
Army may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installations or
locations, in the number of units, and in the amounts set forth
in the following table:

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Army: Family Housing
Country

Installation or Location

Units

Italy ...........

Vicenza ..........................

Kwajalein ..

Kwajalein Atoll .............

Family Housing New
Construction ............
Family Housing Replacement
Construction ............

Amount

$84,100,000

$32,000,000

(b) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Army
may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,300,000.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4297

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and
military family housing functions of the Department of the Army
as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the total amount authorized to
be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2104. LIMITATION ON MILITARY CONSTRUCTION PROJECT AT
KWAJALEIN ATOLL.

The Secretary of the Army may not commence the military
construction project authorized by section 2102(a) at Kwajalein
Atoll, as specified in the funding table in section 4601, and none
of the funds authorized to be appropriated by this Act for that
military construction project may be obligated or expended, until
the Secretary submits to Committees on Armed Services of the
House of Representatives and the Senate a design plan for the
project that ensures that, upon completion of the project, the project
will be resilient to 15 inches of sea level fluctuation and periods
of complete inundation and wave-overwash predicted during the
10-year period beginning on the date of the enactment of this
Act.

Plan.
Time period.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2017 PROJECT AT CAMP WALKER, KOREA.

In the case of the authorization contained in the table in
section 2102(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 130 Stat. 2689) for Camp Walker,
Korea, the Secretary of the Army may construct an elevated walkway between two existing parking garages to connect children’s
playgrounds using amounts available for Family Housing New
Construction, as specified in the funding table in section 4601
of such Act (130 Stat. 2883).

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.

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SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

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134 STAT. 4298

PUBLIC LAW 116–283—JAN. 1, 2021
Navy: Inside the United States
State

Installation or Location

California ...............

Camp Pendleton ..........................................
Lemoore .......................................................
Point Mugu ..................................................
Port Hueneme .............................................
San Diego ....................................................
Seal Beach ...................................................
Twentynine Palms ......................................
Joint Base Pearl Harbor-Hickam ..............
Kittery ..........................................................
NCTAMS LANT Detachment Cutler ........
Fallon ...........................................................
Cherry Point ................................................
Norfolk .........................................................

Hawaii ....................
Maine ......................
Nevada ...................
North Carolina ......
Virginia ..................

Amount
$115,530,000
$187,220,000
$26,700,000
$43,500,000
$128,500,000
$46,800,000
$76,500,000
$114,900,000
$715,000,000
$26,100,000
$29,040,000
$51,900,000
$39,800,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
Country

Installation or Location

Bahrain Island ....
El Salvador ..........
Greece ..................
Guam ...................

SW Asia ............................................
Comalapa ..........................................
Souda Bay ........................................
Andersen Air Force Base ................
Joint Region Marianas ....................
Rota ...................................................

Spain ....................

Amount

$68,340,000
$28,000,000
$50,180,000
$21,280,000
$546,550,000
$60,110,000

SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY
FAMILY HOUSING UNITS.

(a) FAMILY HOUSING.—Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $5,854,000.
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Navy may improve existing military family housing
units in an amount not to exceed $37,043,000.

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SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4299

military family housing functions of the Department of the Navy,
as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the total amount authorized to
be appropriated under subsection (a), as specified in the funding
table in section 4601.

TITLE XXIII—AIR FORCE MILITARY
CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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

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.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
State

Installation or Location

Amount

California ..................
New Jersey ................
South Dakota ............
Texas .........................
Utah ...........................
Virginia .....................

Edwards Air Force Base ......................
Joint Base McGuire-Dix-Lakehurst ...
Ellsworth Air Force Base ....................
Joint Base San Antonio .......................
Hill Air Force Base ..............................
Joint Base Langley-Eustis ..................

$40,000,000
$22,000,000
$96,000,000
$19,500,000
$132,000,000
$19,500,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following
table:

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Air Force: Outside the United States

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Country

Installation or Location

Guam .........................
Qatar .........................

Andersen Air Force Base ....................
Al Udeid ................................................

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Amount
$56,000,000
$26,000,000

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134 STAT. 4300

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY
FAMILY HOUSING UNITS.

(a) FAMILY HOUSING.—Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may carry
out architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $2,969,000.
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Air Force may improve existing military family
housing units in an amount not to exceed $94,245,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force, as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2301 may not exceed the total amount authorized to be appropriated
under subsection (a), as specified in the funding table in section
4601.

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United Kingdom.

SEC. 2304. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECT.

(a) MODIFICATION OF PROJECT AUTHORITY.—In the case of the
authorization contained in the table in section 2301(b) of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115–91; 131 Stat. 1826) for Royal Air Force Lakenheath,
United Kingdom, for construction of a 2,384 square-meter Consolidated Corrosion Control Facility, as specified in the funding table
in section 4601 of such Act (131 Stat. 2004), the Secretary of
the Air Force may construct a 2,700 square-meter Consolidated
Corrosion Control and Wash Rack Facility.
(b) MODIFICATION OF PROJECT AMOUNTS.—
(1) DIVISION B TABLE.—The authorization table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1826) is amended
in the item relating to Royal Air Force Lakenheath, United
Kingdom,
by
striking
‘‘$136,992,000’’
and
inserting
‘‘$172,292,000’’ to reflect the project modification made by subsection (a).
(2) DIVISION D TABLE.—The funding table in section 4601
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115–91; 131 Stat. 2004) is amended in the item
relating to Royal Air Force Lakenheath, Consolidated Corrosion
Control Facility, by striking ‘‘$20,000’’ in the Conference
Authorized column and inserting ‘‘$55,300’’ to reflect the project
modification made by subsection (a).

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SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.

(a) EIELSON AIR FORCE BASE, ALASKA.—In the case of the
authorization contained in the table in section 2301(a) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 132 Stat. 2246) for Eielson Air Force Base,
Alaska, for construction of a F–35 CATM Range, as specified in
the funding table in section 4601 of that Act (132 Stat. 2404),
the Secretary of the Air Force may construct a 600 square meter
non-contained (outdoor) range with covered and heated firing line.
(b) BARKSDALE AIR FORCE BASE, LOUISIANA.—
(1) MODIFICATION OF PROJECT AUTHORITY.—In the case of
the authorization contained in table in section 2301(a) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232; 132 Stat. 2246) for Barksdale
Air Force Base, Louisiana, for construction of an Entrance
Road and Gate Complex the Secretary of the Air Force may
construct a 190 square meter visitor control center, 44 square
meter gate house, 124 square meter privately owned vehicle
inspection facility, 338 square meter truck inspection facility
and a 45 square meter gatehouse.
(2) PROJECT CONDITIONS.—The military construction project
referred to in paragraph (1) shall be carried out consistent
with the Unified Facilities Criteria relating to Entry Control
Facilities and applicable construction guidelines of the Department of the Air Force. Construction in a flood plain is authorized, subject to the condition that the Secretary of the Air
Force include appropriate mitigation measures.
(3) MODIFICATION OF PROJECT AMOUNTS.—
(A) DIVISION B TABLE.—The authorization table in section 2301(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 132 Stat. 2246) is amended in the item relating to
Barksdale Air Force Base, Louisiana, by striking
‘‘$12,250,000’’ and inserting ‘‘$48,000,000’’ to reflect the
project modification made by paragraph (1).
(B) DIVISION D TABLE.—The funding table in section
4601 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat.
2404) is amended in the item relating to Barksdale Air
Force Base, Louisiana, by striking ‘‘$12,250’’ in the Conference Authorized column and inserting ‘‘$48,000’’ to
reflect the project modification made by paragraph (1).
(c) ROYAL AIR FORCE LAKENHEATH, UNITED KINGDOM.—In the
case of the authorization contained in the table in section 2301(b)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal
Air Force Lakenheath, United Kingdom, for construction of a 485
square-meter F–35A ADAL Conventional Munitions MX, as specified in the funding table of section 4601 of such Act (132 Stat.
2405), the Secretary of the Air Force may construct a 1,206 squaremeter maintenance facility for such purpose.
(d) FORCE PROTECTION AND SAFETY.—The funding table in section 4601 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2406)
is amended in the item relating to Force Protection and Safety
under Military Construction, Air Force, by striking ‘‘$35,000’’ in

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the Conference Authorized column and inserting ‘‘$50,000’’ to reflect
amounts appropriated for such purpose.

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SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2020 PROJECTS.

(a) TYNDALL AIR FORCE BASE, FLORIDA.—In the case of the
authorizations contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
(1) for construction of Auxiliary Ground Equipment
Facility, as specified in the funding table in section 4603 of
that Act (133 Stat. 2103), the Secretary of the Air Force may
construct up to 5,043 square meters of aircraft support equipment storage;
(2) for construction of Ops/Aircraft Maintenance Unit/
Hanger Number 2, as specified in such funding table, the
Secretary of the Air Force may construct—
(A) up to 2,584 square meters of squadron operations;
and
(B) up to 2,880 square meters of aircraft maintenance
unit;
(3) for construction of Ops/Aircraft Maintenance Unit/
Hanger Number 3, as specified in such funding table, the
Secretary of the Air Force may construct—
(A) up to 2,584 square meters of squadron operations;
and
(B) up to 2,880 square meters of aircraft maintenance
unit;
(4) for construction of Operations Group/Maintenance
Group HQ, as specified in such funding table, the Secretary
of the Air Force may construct up to 3,479 square meters
of headquarters;
(5) for construction of Security Forces Mobility Storage
Facility, as specified in such funding table, the Secretary of
the Air Force may construct up to 930 square meters of equipment storage;
(6) for construction of Site Development, Utilities & Demo
Phase 2, as specified in such funding table, the Secretary of
the Air Force may construct—
(A) up to 3,039 meters of storm water piping, box
culverts, underground detention, and grading for surface
detention;
(B) up to 6,136 meters of water lines;
(C) up to 11,171 meters of communications lines;
(D) up to 48,245 square meters of roads;
(E) up to 25,979 meters of electrical lines; and
(F) up to 618 square meters of pump house facility;
(7) for construction of Lodging Facilities Phases 1-2, as
specified in such funding table, the Secretary of the Air Force
may construct up to 20,361 square meters of visiting quarters;
(8) for construction of Dorm Complex Phases 1-2, as specified in such funding table, the Secretary of the Air Force
may construct up to 24,792 square meters of permanent party
dormitory;
(9) for construction of Tyndall AFB Gate Complex, as specified in such funding tale, the Secretary of the Air Force may
construct—

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(A) up to 139 square meters of gate houses;
(B) up to 1,747 square meters of canopies;
(C) up to 555 square meters of vehicle inspection ports;

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and
(D) 19 each active/passive barriers;
(10) for construction of Aircraft Wash Rack, as specified
in such funding table, the Secretary of the Air Force may
construct—
(A) up to 2,307 square meters of corrosion control;
and
(B) up to 1,621 square meters of aircraft wash rack
in a hangar facility;
(11) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table, the Secretary
of the Air Force may construct—
(A) up to 3,707 square meters of deployment processing
center; and
(B) up to 128 square meters of AAFES (Shoppette);
(12) for construction of Airfield Drainage, as specified in
such funding table, the Secretary of the Air Force may construct
up to 37,357 square meters of drainage ditch;
(13) for construction of 325th Fighter Wing HQ Facility,
as specified in such funding table, the Secretary of the Air
Force may construct—
(A) up to 3,301 square meters of 325th Fighter Wing
HQ building; and
(B) up to 697 square meters of command post; and
(14) for construction of Community Commons Facility, as
specified in such funding table, the Secretary of the Air Force
may construct—
(A) up to 1,080 square meters of recreation center;
(B) up to 974 square meters of arts and crafts center;
(C) up to 2,048 square meters of bowling center; and
(D) up to 1,537 square meters of library.
(b) OFFUTT AIR FORCE BASE, NEBRASKA.—In the case of the
authorizations contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1913) for Offutt Air Force Base, Nebraska—
(1) for construction of an Emergency Power Microgrid, as
specified in the funding table in section 4603 of such Act
(133 Stat. 2104), the Secretary of the Air Force may construct
seven 2.5-megawatt diesel engine generators, seven diesel
exhaust fluid systems, 15-kV switchgear, two import/export
inter-ties, five import-only inter-ties, and 800 square meters
of switchgear facility;
(2) for construction of a Flightline Hangars Campus, as
specified in such funding table, the Secretary of the Air Force
may construct 445 square meter of petroleum operations center,
268 square meters of de-icing liquid storage, and 173 square
meters of warehouse; and
(3) for construction of a Lake Campus, as specified in
such funding table, the Secretary of the Air Force may construct
240 square meters of softball complex and 270 square meters
of morale, welfare, and recreation equipment storage facility;
(4) for construction of a Logistics Readiness Squadron Campus, as specified in such funding table, the Secretary of the

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Air Force may construct 2,536 square meters of warehouse;
and
(5) for construction of a Security Campus, as specified
in such funding table, the Secretary of the Air Force may
construct 4,218 square meters of operations center and 1,343
square meters of military working dog kennel.
(c) JOINT BASE LANGLEY-EUSTIS, VIRGINIA.—In the case of the
authorization contained in the table in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1913) for Joint Base Langley-Eustis, Virginia, for construction of a Dormitory at the installation, as specified
in the funding table in section 4603 of such Act (133 Stat. 2104),
the Secretary of the Air Force may construct up to 6,720 square
meters of dormitory.
SEC. 2307. TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO
CARRY OUT CERTAIN FISCAL YEAR 2020 FAMILY HOUSING
PROJECTS.

(a) AUTHORIZATION OF OMITTED SPANGDAHLEM AIR BASE
FAMILY HOUSING PROJECT.—Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1869) and available for military family
housing functions, the Secretary of the Air Force may carry out
the military family housing project to construct 76 housing units
at Spangdahlem Air Base, Germany, as specified in the funding
table in section 4601 of such Act (133 Stat. 2099).
(b) CORRECTION OF AMOUNT AUTHORIZED FOR FAMILY HOUSING
IMPROVEMENTS.—Section 2303 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1869)
is amended by striking ‘‘$53,584,000’’ and inserting ‘‘$46,638,000’’
to reflect the amount specified in the funding table in section
4601 of such Act (133 Stat. 2099) for Construction Improvements
under Family Housing Construction, Air Force.

TITLE XXIV—DEFENSE AGENCIES
MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
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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SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

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134 STAT. 4305

Defense Agencies: Inside the United States
State

Installation or Location

Alabama .............
Alaska .................
Arizona ...............

Anniston Army Depot .......................
Fort Greely ........................................
Fort Huachuca ..................................
Yuma ..................................................
Beale Air Force Base ........................
Fort Carson .......................................

$18,000,000
$48,000,000
$33,728,000
$49,500,000
$22,800,000
$15,600,000

CONUS Unspecified .........................
Hurlburt Field ...................................
Fort Knox ...........................................
Kirtland Air Force Base ...................
Fort Bragg .........................................
Wright-Patterson Air Force Base ....
Fort Hood ...........................................
Joint Expeditionary Base Little
Creek-Fort Story ............................
Joint Base Lewis-McChord ..............
Manchester ........................................

$14,400,000
$83,120,000
$69,310,000
$46,600,000
$113,800,000
$23,500,000
$32,700,000

California ...........
Colorado .............
CONUS Unspecified .................
Florida ................
Kentucky ............
New Mexico .......
North Carolina ...
Ohio ....................
Texas ..................
Virginia ...............
Washington ........

Amount

$112,500,000
$21,800,000
$82,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amount, set forth in the following table:

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Defense Agencies: Outside the United States
Country

Installation or Location

Japan .............

Def Fuel Support Point Tsurumi ....

Amount
$49,500,000

(c) MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2020 PROJECT.—In the case of the authorization contained
in the table in section 2401(a) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1871)
for the construction of a backup generator at the Pentagon, Virginia,
the Secretary of Defense may replace and upgrade existing generators to obtain additional power generation capacity, as specified
in the funding table in section 4601 of that Act (133 Stat. 2095).
(d) EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2016 PROJECT.—
(1) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1145), the authorization
set forth in the table in paragraph (2), as provided in section
2401 of that Act (129 Stat. 1157), shall remain in effect until
October 1, 2021, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2022, whichever is later.
(2) TABLE.—The table referred to in paragraph (1) is as
follows:

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134 STAT. 4306

PUBLIC LAW 116–283—JAN. 1, 2021

Defense Agencies: Extension of 2016 Project Authorization
State/
Country

Installation

Project

Oregon .......

Klamath Falls IAP

Fuel Facilities ..

Amount
$2,500,000

SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for energy conservation projects as specified in the
funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
State

Installation or Location

Alabama .........
Arkansas ........
California .......

Fort Rucker ......................................
Ebbing Air National Guard Base ...
Marine Corps Air Ground Combat
Center Twentynine Palms ...........
Military Ocean Terminal Concord ..
Naval Support Activity Monterey ..
Naval Air Weapons Station China
Lake ...............................................

$24,000,000
$2,600,000

Joint Base Anacostia-Bolling ..........
Fort Benning ....................................
Naval Support Activity Bethesda ...
Naval Support Activity South Potomac ................................................
Whiteman Air Force Base ...............
Creech Air Force Base .....................

$44,313,000
$17,000,000
$13,840,000

Fort Bragg ........................................
Wright-Patterson Air Force Base ...
Memphis Air National Guard Base
Naval Medical Center Portsmouth
Surface Combat Systems Center
Wallops Island ..............................

$6,100,000
$35,000,000
$4,780,000
$611,000

District of Columbia ........
Georgia ..........
Maryland .......

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Missouri .........
Nevada ...........
North Carolina .............
Ohio ................
Tennessee ......
Virginia ..........

Amount

$11,646,000
$29,000,000
$10,540,000
$8,950,000

$18,460,000
$17,310,000
$32,000,000

$9,100,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for energy conservation projects as specified in the
funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10,
United States Code, for the installation or location outside the
United States, and in the amount, set forth in the following table:

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ERCIP Projects: Outside the United States
Country

Installation or Location

Italy ................

Naval Support Activity Naples .......

Amount
$3,490,000

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and
military family housing functions of the Department of Defense
(other than the military departments), as specified in the funding
table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2401 of this Act may not exceed the total amount authorized to
be appropriated under subsection (a), as specified in the funding
table in section 4601.

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SEC. 2404. INDEPENDENT STUDY ON WESTERN EMERGENCY REFINED
FUEL RESERVES.

(a) INDEPENDENT STUDY.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretary of Energy, seek to enter into
a contract with a Federally funded research and development center
under which contract such center shall conduct a study on the
feasibility (including costs and benefits) of establishing one or more
emergency fuel reserves for refined fuel in the Western United
States.
(b) ELEMENTS OF STUDY.—In conducting the study referred
to in subsection (a), the Federally funded research and development
center with which the Secretary enters into a contract under such
subsection shall analyze the following:
(1) An assessment, in the event of a 30 day-interruption
in the capability of oil refineries of the West Coast of the
United States, Alaska, and Hawaii to refine petroleum, of—
(A) the capacity of the Department of Defense to meet
defense missions requirements using the Prepositioned War
Reserve Requirements of the Department for wartime and
peacetime operations through the Prepositioned War
Reserve Stock and Operating Stock of the Department;
(B) the military installations or missions otherwise
served by such refineries that may have unique or limited
connection to refined petroleum supply infrastructure; and
(C) the capacity of the Strategic Petroleum Reserve
and connecting pipeline infrastructure to support requirements of the West Coast area of the United States for
petroleum and refined petroleum products.
(2) An assessment of the practicability of the storage of
military specification fuels and jet fuel stock in long-term storage in a salt cavern, hard-rock storage, or tank or other storage.
(3) An identification and assessment of various options
to provide long-term storage of refined fuels in the Western
United States, including through the establishment of one or
more Western Emergency Refined Fuel Reserves, including—

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Deadline.
Consultation.
Contracts.

Analysis.
Assessments.

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134 STAT. 4308

Classified
information.
Consultation.

Classified
information.

PUBLIC LAW 116–283—JAN. 1, 2021

(A) for the assessment of each option, a proposal for
the Federal agency or agencies to be responsible for such
option; and
(B) for the assessment of the establishment of any
such Reserve, an estimate of the costs of construction and
operation of such Reserve.
(c) REPORT.—The contract under subsection (a) shall require
the Federally funded research and development center that conducts
the study under the contract to submit to the Secretary of Defense
and the Secretary of Energy a report on the results of study.
The report shall be so submitted in both classified and unclassified
form.
(d) SUBMITTAL TO CONGRESS.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the Secretary of Defense and the Secretary of Energy
receive the report under subsection (c), the Secretary of Defense,
in consultation with the Secretary of Energy, shall submit
to the appropriate committees of Congress the following:
(A) The report under subsection (c), unaltered, in both
classified and unclassified form.
(B) Such comments as the Secretary of Defense considers appropriate in light of the report under subsection
(c).
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.

TITLE XXV—INTERNATIONAL
PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.

Subtitle A—North Atlantic Treaty Organization Security Investment Program

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SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from

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the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

(a) AUTHORIZATION.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for
contributions by the Secretary of Defense under section 2806 of
title 10, United States Code, for the share of the United States
of the cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
(b) AUTHORITY TO RECOGNIZE NATO AUTHORIZATION AMOUNTS
AS BUDGETARY RESOURCES FOR PROJECT EXECUTION.—When the
United States is designated as the Host Nation for the purposes
of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may
recognize the NATO project authorization amounts as budgetary
resources to incur obligations for the purposes of executing the
NSIP project.
SEC. 2503. EXECUTION OF PROJECTS UNDER THE NORTH ATLANTIC
TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM.

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(a) IN GENERAL.—Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2350m. Execution of projects under the North Atlantic
Treaty Organization Security Investment Program
‘‘(a) AUTHORITY TO EXECUTE PROJECTS.—When the United
States is designated as the Host Nation for purposes of executing
a project under the North Atlantic Treaty Organization Security
Investment Program (in this section referred to as the ‘Program’),
the Secretary of Defense may accept such designation and carry
out such project consistent with the requirements of this section.
‘‘(b) PROJECT FUNDING.—The Secretary of Defense may fund
authorized expenditures of projects accepted under subsection (a)
with—
‘‘(1) contributions under subsection (c);
‘‘(2) appropriations of the Department of Defense for the
Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the
share of contributions of the United States for the Program;
or
‘‘(3) any combination of amounts described in paragraphs
(1) and (2).
‘‘(c) AUTHORITY TO ACCEPT CONTRIBUTIONS.—(1) The Secretary
of Defense may accept contributions from the North Atlantic Treaty
Organization and member nations of the North Atlantic Treaty
Organization for the purpose of carrying out a project under subsection (a).
‘‘(2) Contributions accepted under paragraph (1) shall be placed
in an account established for the purpose of carrying out the project
for which the funds were provided and shall remain available
until expended.

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10 USC 2350m.

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134 STAT. 4310

Determination.

10 USC 2350a
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(3)(A) If contributions are made under paragraph (1) as
reimbursement for a project or portion of a project previously completed by the Department of Defense, such contributions shall be
credited to—
‘‘(i) the appropriations used for the project or portion
thereof, if such appropriations have not yet expired; or
‘‘(ii) the appropriations for the Program, if the appropriations described in clause (i) have expired.
‘‘(B) Funding credited under subparagraph (A) shall merge
with and remain available for the same purposes and duration
as the appropriations to which credited.
‘‘(d) OBLIGATION AUTHORITY.—The construction agent of the
Department of Defense designated by the Secretary of Defense
to execute a project under subsection (a) may recognize the North
Atlantic Treaty Organization project authorization amounts as
budgetary resources to incur obligations against for the purposes
of executing the project.
‘‘(e) INSUFFICIENT CONTRIBUTIONS.—(1) In the event that the
North Atlantic Treaty Organization does not agree to contribute
funding for all costs necessary for the Department of Defense to
carry out a project under subsection (a), including necessary personnel costs of the construction agent designated by the Department
of Defense, contract claims, and any conjunctive funding requirements that exceed the project authorization or standards of the
North Atlantic Treaty Organization, the Secretary of Defense, upon
determination that completion of the project is in the national
interest of the United States, may fund such costs, and undertake
such conjunctively funded requirements not otherwise authorized
by law, using any unobligated funds available among funds appropriated for the Program for military construction.
‘‘(2) The use of funds under paragraph (1) from appropriations
for the Program may be in addition to or in place of any other
funding sources otherwise available for the purposes for which
those funds are used.
‘‘(f) AUTHORIZED EXPENDITURES DEFINED.—In this section, the
term ‘authorized expenditures’ means project expenses for which
the North Atlantic Treaty Organization has agreed to contribute
funding.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 138 of such title is amended
by adding at the end the following new item:

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‘‘2350m. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.’’.

(c) CONFORMING REPEALS.—
(1) 2019.—Section 2502 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115–232; 132 Stat. 2252) is amended—
(A) in subsection (a)—
(i) by striking ‘‘(a) AUTHORIZATION.—Funds’’ and
inserting ‘‘Funds’’; and
(ii) by striking the second sentence; and
(B) by striking subsection (b).
(2) 2020.—Section 2502 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
1874) is amended—
(A) in subsection (a), by striking ‘‘(a) AUTHORIZATION.—
Funds’’ and inserting ‘‘Funds’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4311

(B) by striking subsection (b).

Subtitle B—Host Country In-Kind
Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the Republic of Korea for required
in-kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
Component

Army ...........
Army ...........
Army ...........
Navy ...........

Air Force ....
Air Force ....

Installation or
Location

Camp Carroll
Camp Humphreys .........
Camp Humphreys .........
COMROKFLT
Naval Base,
Busan ..........
Daegu Air
Base ............
Kunsan Air
Base ............

Air Force ....

Osan Air Base

Air Force ....

Osan Air Base

Air Force ....

Osan Air Base

DefenseWide.

Camp Humphreys .........

Project

Amount

Site Development .......

$49,000,000

Attack Reconnaissance
Battalion Hangar ....

$99,000,000

Hot Refuel Point .........

$35,000,000

Maritime Operations
Center ......................

$26,000,000

AGE Facility and
Parking Apron ........

$14,000,000

Backup Generator
Plant ........................
Aircraft Corrosion
Control Facility
(Phase 3) ..................
Child Development
Center ......................
Relocate Munitions
Storage Area Delta
(Phase 1) ..................
Elementary School .....

$19,000,000
$12,000,000
$20,000,000
$84,000,000
$58,000,000

SEC. 2512. QATAR FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the State of Qatar for required
in-kind contributions, the Secretary of Defense may accept military
construction projects for the installation in the State of Qatar,
and in the amounts, set forth in the following table:

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State of Qatar Funded Construction Projects

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Component

Installation or
Location

Project

Air Force ....

Al Udeid .........

Billet (A12) .................

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$63,000,000

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134 STAT. 4312

PUBLIC LAW 116–283—JAN. 1, 2021
State of Qatar Funded Construction Projects—Continued

Component

Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air

Force
Force
Force
Force
Force
Force
Force
Force
Force
Force
Force
Force
Force

....
....
....
....
....
....
....
....
....
....
....
....
....

Air Force ....

Installation or
Location

Al
Al
Al
Al
Al
Al
Al
Al
Al
Al
Al
Al
Al

Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid
Udeid

.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........

Al Udeid .........

Project

Amount

Billet (B12) .................
Billet (D10) .................
Billet (009) ..................
Billet (007) ..................
Armory/Mount ............
Billet (A06) .................
Dining Facility ............
Billet (BOS) ................
Billet (B04) .................
Billet (A04) .................
Billet (AOS) ................
Dining Facility ............
MSG (Base Operations
Support Facility) .....
ITN (Communications
Facility) ...................

$63,000,000
$77,000,000
$77,000,000
$77,000,000
$7,200,000
$77,000,000
$14,600,000
$77,000,000
$77,000,000
$77,000,000
$77,000,000
$14,600,000
$9,300,000
$3,500,000

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.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Army may acquire real property and carry
out military construction projects for the Army National Guard
installations or locations inside the United States, and in the
amounts, set forth in the following table:

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Army National Guard

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State

Installation or Location

Arizona ..........
Arkansas .......
California ......
Colorado ........
Indiana ..........
Kentucky .......
Mississippi ....
Nebraska .......

Tucson ...................................................................
Fort Chaffee .........................................................
Bakersfield ............................................................
Peterson Air Force Base ......................................
Shelbyville ............................................................
Frankfort ..............................................................
Brandon ................................................................
North Platte .........................................................

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Amount
$18,100,000
$15,000,000
$9,300,000
$15,000,000
$12,000,000
$15,000,000
$10,400,000
$9,300,000

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134 STAT. 4313

Army National Guard—Continued
State

Installation or Location

Amount

New Jersey ...
Ohio ...............
Oklahoma ......
Oregon ...........
Puerto Rico ...
South Carolina.
Tennessee ......
Texas .............
Utah ..............
Virgin Islands
Wisconsin ......

Joint Base McGuire-Dix-Lakehurst ...................
Columbus ..............................................................
Ardmore ................................................................
Hermiston .............................................................
Fort Allen .............................................................
Joint Base Charleston .........................................

$15,000,000
$15,000,000
$9,800,000
$25,035,000
$37,000,000
$15,000,000

McMinnville ..........................................................
Fort Worth ............................................................
Nephi .....................................................................
St. Croix ................................................................
Appleton ................................................................

$11,200,000
$13,800,000
$12,000,000
$39,400,000
$11,600,000

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Army may acquire real property and carry
out military construction projects for the Army Reserve installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army Reserve
State

Installation or Location

Amount

Florida ..............
Massachusetts ..
North Carolina
Wisconsin .........

Gainesville .........................................................
Devens Reserve Forces Training Area ............
Asheville ............................................................
Fort McCoy ........................................................

$36,000,000
$8,700,000
$24,000,000
$17,100,000

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Navy may acquire real property and carry
out military construction projects for the Navy Reserve and Marine
Corps Reserve installations or locations inside the United States,
and in the amounts, set forth in the following table:

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Navy Reserve and Marine Corps Reserve
State

Installation or Location

Maryland ..........
Minnesota .........

Reisterstown ......................................................
Naval Operational Support Center Minneapolis ..........................................................
Hill Air Force Base ...........................................

Utah ..................

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$39,500,000
$12,800,000
$25,010,000

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134 STAT. 4314

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Air Force may acquire real property and
carry out military construction projects for the Air National Guard
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
State

Installation or Location

Amount

Alabama ...........
Guam ................
Maryland ..........
North Dakota ...
Texas ................

Montgomery Regional Airport .........................
Joint Region Marianas .....................................
Joint Base Andrews ..........................................
Hector International Airport ...........................
Joint Base San Antonio ....................................

$23,600,000
$20,000,000
$9,400,000
$17,500,000
$10,800,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Air Force may acquire real property and
carry out military construction projects for the installation inside
the United States, and in the amount, set forth in the following
table:
Air Force Reserve
State

Installation

Amount

Texas ................

Joint Reserve Base Fort Worth .......................

$39,200,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), as specified in the
funding table in section 4601.

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SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2020 PROJECT IN ALABAMA.

In the case of the authorization contained in the table in
section 2601 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1875) for Anniston Army
Depot, Alabama, for construction of an Enlisted Transient Barracks
as specified in the funding table in section 4601 of such Act (133
Stat. 2096), the Secretary of the Army may construct a training
barracks at Fort McClellan, Alabama.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4315

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.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for base realignment and closure activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) and funded through the Department
of Defense Base Closure Account established by section 2906 of
such Act (as amended by section 2711 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law
112–239; 126 Stat. 2140)), as specified in the funding table in
section 4601.
SEC.

2702.

PROHIBITION ON CONDUCTING ADDITIONAL
REALIGNMENT AND CLOSURE (BRAC) ROUND.

BASE

Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED
BY THE SECRETARY OF THE ARMY IN UMATILLA, OREGON.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to Congress a
plan to finish remediation activities conducted by the Secretary
in Umatilla, Oregon, by not later than three years after such
date of enactment.

Deadline.

TITLE XXVIII—MILITARY
CONSTRUCTION GENERAL PROVISIONS

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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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PUBLIC LAW 116–283—JAN. 1, 2021

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.
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.

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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.

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134 STAT. 4317

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.
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.
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.

Subtitle A—Military Construction Program
Changes

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SEC. 2801. MODIFICATION AND CLARIFICATION OF CONSTRUCTION
AUTHORITY IN THE EVENT OF A DECLARATION OF WAR
OR NATIONAL EMERGENCY.

President.

(a) LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR NATIONAL
EMERGENCY.—Section 2808 of title 10, United States Code, is
amended—
(1) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new subsection:
‘‘(c) LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR
NATIONAL EMERGENCY.—(1) Except as provided in paragraph (2),
in the event of a declaration by the President of a national emergency in which the construction authority described in subsection
(a) is used, the total cost of all military construction projects undertaken using that authority during the national emergency may
not exceed $500,000,000.
‘‘(2) In the event of a national emergency declaration in which
the construction authority described in subsection (a) will be used
only within the United States, the total cost of all military construction projects undertaken using that authority during the national
emergency may not exceed $100,000,000.’’.

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134 STAT. 4318

Determination.

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Cost estimate.

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PUBLIC LAW 116–283—JAN. 1, 2021

(b) ADDITIONAL CONDITIONS ON SOURCE OF FUNDS.—Section
2808(a) of title 10, United States Code, is amended by striking
the second sentence and inserting the following new subsection:
‘‘(b) CONDITIONS ON SOURCES OF FUNDS.—A military construction project to be undertaken using the construction authority
described in subsection (a) may be undertaken only within the
total amount of funds that have been appropriated for military
construction, excluding funds appropriated for family housing,
that—
‘‘(1) remain unobligated as of the date on which the first
contract would be entered into in support of the national emergency declaration described in subsection (a); and
‘‘(2) are available because the military construction project
for which the funds were appropriated—
‘‘(A) has been canceled; or
‘‘(B) has reduced costs as a result of project modifications or other cost savings.’’.
(c) WAIVER OF OTHER PROVISIONS OF LAW.—Section 2808 of
title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
‘‘(d) WAIVER OF OTHER PROVISIONS OF LAW IN EVENT OF
NATIONAL EMERGENCY.—In the event of a declaration by the President of a national emergency in which the construction authority
described in subsection (a) is used, the authority provided by such
subsection to waive or disregard another provision of law that
would otherwise apply to a military construction project authorized
by this section may be used only if—
‘‘(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may
be waived, modified, or expedited; and
‘‘(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.’’.
(d) ADDITIONAL NOTIFICATION REQUIREMENTS.—Subsection (e)
of section 2808 of title 10, United States Code, as redesignated
by subsection (a)(1), is amended—
(1) by striking ‘‘of the decision’’ and all that follows through
the end of the subsection and inserting the following: ‘‘of the
following:
‘‘(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the event
of a declaration by the President of a national emergency,
the reasons why use of the armed forces is required in response
to the declared national emergency.
‘‘(B) The construction projects to be undertaken using the
construction authority described in subsection (a), including,
in the event of a declaration by the President of a national
emergency, an explanation of how each construction project
directly supports the immediate security, logistical, or shortterm housing and ancillary supporting facility needs of the
members of the armed forces used in the national emergency.
‘‘(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in subsection (a), including the cost of any real estate action pertaining to the construction projects, and certification of compliance with the funding conditions imposed by subsections (b)
and (c).

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134 STAT. 4319

‘‘(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake
any construction project using the construction authority
described in subsection (a).
‘‘(E) The military construction projects, including any
ancillary supporting facility projects, whose cancellation, modification, or other cost savings result in funds being available
to undertake construction projects using the construction
authority described in subsection (a) and the possible impact
of the cancellation or modification of such military construction
projects on military readiness and the quality of life of members
of the armed forces and their dependents.’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the event of a declaration by the President of a national
emergency in which the construction authority described in subsection (a) is used, a construction project to be undertaken using
such construction authority may be carried out only after the end
of the five-day period beginning on the date the notification required
by paragraph (1) is received by the congressional defense committees.’’.
(e) CLERICAL AMENDMENTS.—Section 2808 of title 10, United
States Code, is further amended—
(1) in subsection (a), by inserting ‘‘CONSTRUCTION AUTHORIZED.—’’ after ‘‘(a)’’;
(2) in subsection (e), as redesignated by subsection (a)(1),
by inserting ‘‘NOTIFICATION REQUIREMENT.—(1)’’ after ‘‘(e)’’; and
(3) in subsection (f), as redesignated by subsection (a)(1),
by inserting ‘‘TERMINATION OF AUTHORITY.—’’ after ‘‘(f)’’.
(f) EXCEPTION FOR PANDEMIC MITIGATION AND RESPONSE
PROJECTS.—Subsections (b), (c), (d) of section 2808 of title 10, United
States Code, as added by this section, shall not apply to a military
construction project commenced under the authority of subsection
(a) of such section 2808 during the emergency period described
in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–
5(g)(1)(B)) if the Secretary of Defense determines that the military
construction project will directly support pandemic mitigation and
response efforts of health care providers or support members of
the Armed Forces directly participating in such pandemic mitigation
and response efforts. Subsection (e) of section 2808 of title 10,
United States Code, as redesignated by subsection (a)(1) and
amended by subsection (d) of this section, shall still apply to any
such military construction project.

Determination.

Determination.
10 USC 2808
note.

Applicability.

SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY CONSTRUCTION AUTHORITIES.

Section 2805(f)(3) of title 10, United States Code, is amended
by striking ‘‘2022’’ and inserting ‘‘2027’’.

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SEC.

2803.

MODIFICATION
OF
REPORTING
REQUIREMENTS
REGARDING
CERTAIN
MILITARY
CONSTRUCTION
PROJECTS AND MILITARY FAMILY HOUSING PROJECTS,
CONTRACTS, AND AGREEMENTS.

(a) COST-INCREASE REPORTS; ELIMINATION OF SUBMISSION TO
COMPTROLLER GENERAL.—Section 2853(f) of title 10, United States
Code, is amended—
(1) in paragraphs (1) and (3), by striking ‘‘and the Comptroller General of the United States’’; and

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PUBLIC LAW 116–283—JAN. 1, 2021

(2) by striking paragraph (6).
(b) SYNCHRONIZATION OF NOTIFICATION REQUIREMENTS.—Section 2853(c)(1) of title 10, United States Code, is amended by
inserting after ‘‘cost increase’’ in the matter preceding subparagraph
(A) the following: ‘‘(subject to subsection (f))’’.
(c) DELEGATION AND SCOPE OF HOUSING PRIVATIZATION
REPORTING REQUIREMENT.—Section 2884(a) of title 10, United
States Code, is amended—
(1) in paragraph (1)—
(A) in the matter preceding the subparagraphs, by
striking ‘‘The Secretary of Defense’’ and inserting ‘‘The
Secretary concerned’’; and
(B) in subparagraph (A)—
(i) by inserting ‘‘or agreement’’ after ‘‘each contract’’; and
(ii) by striking ‘‘that the Secretary proposes to
solicit’’;
(2) in paragraph (2)—
(A) in the matter preceding the subparagraphs, by
striking ‘‘For each proposed contract, conveyance, or lease
described in paragraph (1), the report required by such
paragraph’’ and inserting ‘‘A report required by paragraph
(1)’’; and
(B) by inserting ‘‘agreement,’’ after ‘‘contract,’’ each
place it appears; and
(3) in paragraph (3), by inserting ‘‘or agreement’’ after
‘‘contract’’ each place it appears.
SEC. 2804. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN LIFE-CYCLE COST FOR MILITARY CONSTRUCTION.

(a) IN GENERAL.—Chapter 169 of title 10, United States Code,
is amended by inserting after section 2815 the following new section:
10 USC 2816.
Evaluation.
Requirement.

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Applicability.

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‘‘§ 2816. Consideration of energy security and energy resilience in life-cycle cost for military construction
‘‘(a) IN GENERAL.—(1) The Secretary concerned, when evaluating the life-cycle designed cost of a covered military construction
project, shall include as a facility requirement the long-term consideration of energy security and energy resilience that would ensure
that the resulting facility is capable of continuing to perform its
missions, during the life of the facility, in the event of a natural
or human-caused disaster, an attack, or any other unplanned event
that would otherwise interfere with the ability of the facility to
perform its missions.
‘‘(2) A facility requirement under paragraph (1) shall not be
weighed, for cost purposes, against other facility requirements in
determining the design of the facility.
‘‘(b) INCLUSION IN THE BUILDING LIFE-CYCLE COST PROGRAM.—
The Secretary shall include the requirements of subsection (a) in
applying the latest version of the building life-cycle cost program,
as developed by the National Institute of Standards and Technology,
to consider on-site distributed energy assets in a building design
for a covered military construction project.
‘‘(c) COVERED MILITARY CONSTRUCTION PROJECT DEFINED.—
(1) In this section, the term ‘covered military construction project’
means a military construction project for a facility that is used

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134 STAT. 4321

to perform critical functions during a natural or human-caused
disaster, an attack, or any other unplanned event.
‘‘(2) For purposes of paragraph (1), the term ‘facility’ includes
at a minimum any of the following:
‘‘(A) Operations centers.
‘‘(B) Nuclear command and control facilities.
‘‘(C) Integrated strategic and tactical warning and attack
assessment facilities.
‘‘(D) Continuity of government facilities.
‘‘(E) Missile defense facilities.
‘‘(F) Air defense facilities.
‘‘(G) Hospitals.
‘‘(H) Armories and readiness centers of the National Guard.
‘‘(I) Communications facilities.
‘‘(J) Satellite and missile launch and control facilities.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 169 of title 10, United States
Code, is amended by inserting after the item relating to section
2815 the following new item:

10 USC 2801
prec.

‘‘2816. 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.

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(a) REPLACEMENT OF NOTICE AND WAIT AUTHORITY.—Section
2914 of title 10, United States Code, is amended to read as follows:
‘‘§ 2914. Military construction projects for energy resilience,
energy security, and energy conservation
‘‘(a) PROJECT AUTHORIZATION REQUIRED.—The Secretary of
Defense may carry out such military construction projects for energy
resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available
for that purpose.
‘‘(b) SUBMISSION OF PROJECT PROPOSALS.—(1) As part of the
Department of Defense Form 1391 submitted to the appropriate
committees of Congress for a military construction project covered
by subsection (a), the Secretary of Defense shall include the following information:
‘‘(A) The project title.
‘‘(B) The location of the project.
‘‘(C) A brief description of the scope of work.
‘‘(D) The original project cost estimate and the current
working cost estimate, if different.
‘‘(E) Such other information as the Secretary considers
appropriate.
‘‘(2) In the case of a military construction project for energy
conservation, the Secretary also shall include the following information:
‘‘(A) The original expected savings-to-investment ratio and
simple payback estimates and measurement and verification
cost estimate.
‘‘(B) The most current expected savings-to-investment ratio
and simple payback estimates and measurement and
verification plan and costs.

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Cost estimate.

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134 STAT. 4322

10 USC 2911
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(C) A brief description of the measurement and verification
plan and planned funding source.
‘‘(3) In the case of a military construction project for energy
resilience or energy security, the Secretary also shall include the
rationale for how the project would enhance mission assurance,
support mission critical functions, and address known
vulnerabilities.
‘‘(c) APPLICATION TO MILITARY CONSTRUCTION PROJECTS.—This
section shall apply to military construction projects covered by
subsection (a) for which a Department of Defense Form 1391 is
submitted to the appropriate committees of Congress in connection
with the budget of the Department of Defense for fiscal year 2023
and thereafter.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 173 of title 10, United States
Code, is amended by striking the item relating to section 2914
and inserting the following new item:
‘‘2914. Military construction projects for energy resilience, energy security, and energy conservation.’’.
SEC.

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Time period.

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2806.

ONE-YEAR EXTENSION OF TEMPORARY, LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN
AREAS OUTSIDE THE UNITED STATES.

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 2808
of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108–136; 117 Stat. 1723), as most recently
amended by section 2807(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232;
132 Stat. 2264), is further amended—
(1) in paragraph (1), by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’; and
(2) paragraph (2), by striking ‘‘fiscal year 2021’’ and
inserting ‘‘fiscal year 2022’’.
(b) CONTINUATION OF LIMITATION ON USE OF AUTHORITY.—
Subsection (c) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law
108–136; 117 Stat. 1723), as most recently amended by section
2807(b) of the Military Construction Authorization Act for Fiscal
Year 2019 (division B of Public Law 115–232; 132 Stat. 2264),
is further amended—
(1) by striking ‘‘either’’ and inserting ‘‘each’’; and
(2) by inserting after the first paragraph (2) the following
new subparagraph:
‘‘(C) The period beginning October 1, 2020, and ending
on the earlier of December 31, 2021, or the date of the enactment of an Act authorizing funds for military activities of
the Department of Defense for fiscal year 2022.’’.
(c) TECHNICAL CORRECTIONS.—Subsection (c) of section 2808
of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108–136; 117 Stat. 1723), as most recently
amended by section 2807(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232;
132 Stat. 2264) and subsection (b) of this section, is further
amended—
(1) by redesignating the second paragraph (1) as subparagraph (A); and

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134 STAT. 4323

(2) by redesignating the first paragraph (2) as subparagraph (B).
SEC. 2807. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION
REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS.

The Navy shall be responsible for programming, requesting,
and executing any military construction requirements related to
any Fleet Readiness Center that is a tenant command at a Marine
Corps installation.

Subtitle B—Military Family Housing
Reforms

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SEC. 2811. MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED
TO MILITARY HOUSING PRIVATIZATION REFORM.

(a) CHIEF HOUSING OFFICER OVERSIGHT RESPONSIBILITIES.—
(1) OVERSIGHT OF ALL MILITARY HOUSING.—Section 2890a
of title 10, United States Code, is amended—
(A) in subsection (a)(1), by striking ‘‘housing units’’
and inserting ‘‘family housing and military unaccompanied
housing under the jurisdiction of the Department of
Defense or acquired or constructed under subchapter IV
of this chapter (in this section referred to as ‘covered
housing units’)’’; and
(B) in subsection (b)(1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘housing under subchapter IV and this subchapter’’ and inserting ‘‘covered housing units’’; and
(ii) in subparagraphs (A) and (B), by inserting
‘‘covered’’ before ‘‘housing units’’ both places it appears.
(2) SECTION HEADING.—The heading of section 2890a of
title 10, United States Code, is amended by inserting before
‘‘Chief Housing Officer’’ the following ‘‘Supervision of military housing by’’.
(3) TRANSFER AND REDESIGNATION OF SECTION.—Section
2890a of title 10, United States Code, as amended by paragraphs (1) and (2)—
(A) is transferred to appear after section 2851 of such
title; and
(B) is redesignated as section 2851a.
(b) RIGHTS AND RESPONSIBILITIES OF TENANTS OF HOUSING
UNITS.—Section 2890 of title 10, United States Code, is amended—
(1) in subsection (b)(15), by striking ‘‘and held in escrow’’;
(2) in subsection (e)(2), in the matter preceding subparagraph (A), by inserting ‘‘a’’ before ‘‘landlord’’; and
(3) in subsection (f), by striking paragraph (2) and inserting
the following new subsection:
‘‘(2) Paragraph (1) shall not apply to a nondisclosure agreement
executed—
‘‘(A) as part of the settlement of litigation; or
‘‘(B) to avoid litigation if the tenant has retained legal
counsel or has sought military legal assistance under section
1044 of this title.’’.
(c) CONTRACTS FOR PROVISION OF HOUSING UNITS.—Section
2891(e) of title 10, United States Code, is amended—

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Deadlines.

Requirement.

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Requirement.

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(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘unit’’ after ‘‘different housing’’; and
(B) in subparagraph (B), by inserting ‘‘the’’ before ‘‘tenant’’; and
(2) in paragraph (2)(B), by inserting ‘‘the’’ before ‘‘tenant’’;
(d) MANAGEMENT OF HOUSING UNITS.—Section 2891a of title
10, United States Code, is amended—
(1) by adding a period at the end of subsection (b)(2);
(2) in subsection (d), by striking paragraph (11) and
inserting the following new paragraph:
‘‘(11) Upon request by a prospective tenant, a landlord providing
a housing unit shall ensure that the needs of enrollees in the
Exceptional Family Member Program, or any successor program,
are considered in assigning the prospective tenant to a housing
unit provided by the landlord.’’; and
(3) in subsection (e)(2)(B) by striking ‘‘the any’’ and
inserting ‘‘any’’.
(e) TENANT ACCESS TO MAINTENANCE INFORMATION.—Section
2892a of title 10, United States Code, is amended by striking
the text of such section and inserting the following:
‘‘(a) MAINTENANCE INFORMATION FOR PROSPECTIVE TENANTS.—
The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide to
a prospective tenant of the housing unit—
‘‘(1) not later than five business days before the prospective
tenant is asked to sign the lease, a summary of maintenance
conducted with respect to that housing unit for the previous
seven years; and
‘‘(2) not later than two business days after the prospective
tenant requests additional information regarding maintenance
conducted with respect to that housing unit during such period,
all information possessed by the eligible entity or subsequent
landlord regarding such maintenance conducted during such
period.
‘‘(b) MAINTENANCE INFORMATION FOR EXISTING TENANTS.—A
tenant of a housing unit who did not receive maintenance information described in subsection (a) regarding that housing unit while
a prospective tenant may request such maintenance information
and shall receive such maintenance information not later than
five business days after the making the request.
‘‘(c) MAINTENANCE DEFINED.—In the section, the term ‘maintenance’ includes any renovations of the housing unit during the
period specified in subsection (a)(1).’’.
(f) TREATMENT OF CERTAIN INCENTIVE FEES.—Section 2893 of
title 10, United States Code, is amended by striking ‘‘propensity
for’’ and inserting ‘‘pattern of’’.
(g) LANDLORD-TENANT DISPUTE RESOLUTION PROCESS.—Section
2894 of title 10, United States Code, is amended—
(1) in subsection (b), by adding at the end the following
new paragraph:
‘‘(6) The dispute resolution process shall require the installation
or regional commander (as the case may be) to record each dispute
in the complaint database established under section 2894a of this
title.’’;
(2) in subsection (c)—

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134 STAT. 4325

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘24 hours’’ and inserting ‘‘two business days’’;
(B) in paragraph (3)—
(i) by inserting ‘‘business’’ before ‘‘days’’; and
(ii) by inserting ‘‘, such office’’ before ‘‘shall complete’’;
(C) in paragraph (4), in the matter preceding subparagraph (A), by inserting ‘‘, at a minimum,’’ before ‘‘the following persons’’;
(D) in paragraph (5), by inserting ‘‘calendar’’ before
‘‘days’’ both places it appears; and
(E) by striking paragraph (6) and inserting the following new paragraph:
‘‘(6) Except as provided in paragraph (5)(B), a final decision
shall be transmitted to the tenant, landlord, and the installation
or regional commander (as the case may be) not later than 30
calendar days after the request was submitted.’’; and
(3) by striking subsections (d) and (e) and inserting the
following new subsections:
‘‘(d) EFFECT OF FAILURE TO COMPLY WITH DECISION.—(1) If
the final decision rendered under subsection (c) for resolution of
a landlord-tenant dispute includes instructions for the landlord
responsible for the housing unit to further remediate the housing
unit, the decision shall specify a reasonable period of time, but
not less than 10 business days, for the landlord to complete the
remediation.
‘‘(2) If the landlord does not remediate the issues before the
end of the time period specified in the final decision in a manner
consistent with the instructions contained in the decision, any
amounts payable to the landlord for the housing unit shall be
reduced by 10 percent for each period of five calendar days during
which the issues remain unremediated.
‘‘(e) REQUEST TO WITHHOLD PAYMENTS DURING RESOLUTION
PROCESS.—(1) As part of the submission of a request for resolution
of a landlord-tenant dispute through the dispute resolution process
regarding maintenance guidelines or procedures or habitability,
the tenant may request that all or part of the payments described
in paragraph (3) for lease of the housing unit be segregated and
not used by the property owner, property manager, or landlord
pending completion of the dispute resolution process.
‘‘(2) The amount allowed to be withheld under paragraph (1)
shall be limited to amounts associated with the period during
which—
‘‘(A) the landlord has not met maintenance guidelines and
procedures established by the Department of Defense, either
through contract or otherwise; or
‘‘(B) the housing unit is uninhabitable according to State
and local law for the jurisdiction in which the housing unit
is located.
‘‘(3) This subsection applies to the following:
‘‘(A) Any basic allowance for housing payable to the tenant
(including for any dependents of the tenant in the tenant’s
household) under section 403 of title 37.
‘‘(B) All or part of any pay of a tenant subject to allotment
as described in section 2882(c) of this title.’’.

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Deadline.

Time periods.

Applicability.

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List.

10 USC 2851
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(h) ANNUAL ASSESSMENT OF THE DISPUTE RESOLUTION
PROCESS.—Paragraph (10) of section 2884(c) of title 10, United
States Code, is amended to read as follows:
‘‘(10) An assessment of the dispute resolution process under
section 2894(c) of this title, which shall include a list of dispute
resolution cases by installation and the final outcome of each
case.’’.
(i) PAYMENT AUTHORITY.—Section 606(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. 2871 note), as amended by section 3036
of the Military Construction Authorization Act for Fiscal Year 2020
(division B of Public Law 116–92; 133 Stat. 1938), is further
amended—
(1) in paragraph (1)(A), by inserting ‘‘monthly’’ before ‘‘payments’’;
(2) in paragraph (2)(A), by striking ‘‘payments to’’ and
all that follows through ‘‘subparagraph (C)’’ and inserting
‘‘monthly payments, under such terms and in such amounts
as determined by the Secretary, to one of more lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) under the jurisdiction of the Secretary’’;
and
(3) in paragraph (3)(B), by inserting ‘‘that’’ before ‘‘require’’.
(j) SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM.—Section 3063(b) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116–92; 133
Stat. 1947; 10 U.S.C. 2867 note) is amended—
(1) by inserting ‘‘covered by a program suspended under
subsection (a)’’ after ‘‘privatized military housing’’ the first place
it appears; and
(2) by striking ‘‘on the installation military housing unit’’.
(k) CLERICAL AMENDMENTS.—
(1) CHIEF HOUSING OFFICER.—
(A) ADDITION.—The table of sections at the beginning
of subchapter III of chapter 169 of title 10, United States
Code, is amended by inserting after the item relating to
section 2851 the following new item:
‘‘2851a. Supervision of military housing by Chief Housing Officer.’’.

(B) REPEAL.—The table of sections at the beginning
of subchapter V of chapter 169 of title 10, United States
Code, is amended by striking the item relating to section
2890a.
(2) DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION.—The table of sections at the beginning of subchapter
V of chapter 169 of title 10, United States Code, is amended
by striking the item relating to section 2892b and inserting
the following new item:

10 USC 2890
prec.

‘‘2892b. Prohibition on requirement to disclose personally identifiable information in
requests for certain maintenance.’’.

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SEC. 2812. REPEAL OF AUTHORITY TO LEASE SUBSTANDARD FAMILY
HOUSING UNITS TO MEMBERS OF THE UNIFORMED SERVICES.
10 USC 2830.

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(a) REPEAL.—Section 2830 of title 10, United States Code, is
repealed.

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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 169 of title 10, United States
Code, is amended by striking the item relating to section 2830.

10 USC 2821
prec.

SEC. 2813. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF
DEFENSE FAMILY HOUSING IMPROVEMENT FUND.

(a) IN GENERAL.—Section 2883(d)(1) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The Secretary of Defense shall require that eligible entities
receiving amounts from the Department of Defense Family Housing
Improvement Fund prioritize the use of such amounts for expenditures related to asset recapitalization, operating expenses, and debt
payments before other program management-incentive fee expenditures. In the case of asset recapitalization, the primary purpose
of the expenditures must be to sustain existing housing units owned
or managed by the eligible entity or for which the eligible entity
is otherwise responsible.’’.
(b) EFFECTIVE DATE.—The requirements set forth in subparagraph (B) of section 2883(d)(1) of title 10, United States Code,
as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment
of this Act between the Secretary of a military department and
a landlord regarding privatized military housing. In this subsection,
the terms ‘‘landlord’’ and ‘‘privatized military housing’’ have the
meanings given those terms in section 3001(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).

Requirement.

Applicability.
10 USC 2883
note.

Definitions.

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SEC. 2814. AVAILABILITY OF INFORMATION REGARDING ASSESSMENT
OF PERFORMANCE METRICS FOR CONTRACTS FOR
PROVISION OR MANAGEMENT OF PRIVATIZED MILITARY
HOUSING.

(a) AVAILABILITY OF PERFORMANCE METRICS ASSESSMENTS;
METHOD OF PROVIDING.—Section 2891c(b) of title 10, United States
Code, is amended—
(1) in the subsection heading, by inserting ‘‘PERFORMANCE
METRICS AND’’ before ‘‘USE OF INCENTIVE FEES’’; and
(2) in paragraph (1), by striking ‘‘shall publish, on a publicly
accessible website, information’’ and inserting the following:
‘‘shall make available, upon request of a tenant, at the
applicable installation housing office the following:
‘‘(A) An assessment of the indicators underlying the
performance metrics for each contract for the provision or
management of housing units to ensure such indicators adequately measure the condition and quality of each housing
unit covered by the contract.
‘‘(B) Information’’.
(b) DESCRIPTION OF INDICATORS UNDERLYING PERFORMANCE
METRICS.—Section 2891c(b) of title 10, United States Code, is further amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
‘‘(2)(A) For purposes of paragraph (1)(A), the indicators underlying the performance metrics for a contract for the provision or

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PUBLIC LAW 116–283—JAN. 1, 2021

management of housing units shall measure at a minimum the
following:
‘‘(i) Tenant satisfaction.
‘‘(ii) Maintenance management.
‘‘(iii) Safety.
‘‘(iv) Financial management.
‘‘(B) An assessment required to be made available under paragraph (1)(A) shall include a detailed description of each indicator
underlying the performance metrics, including the following
information:
‘‘(i) The limitations of available survey data.
‘‘(ii) How tenant satisfaction and maintenance management
is calculated.
‘‘(iii) Whether any relevant data is missing.’’.
(c) CONFORMING AMENDMENTS.—Paragraph (3) of section
2891c(b) of title 10, United States Code, as redesignated by subsection (b)(1), is amended—
(1) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph
(1)(B)’’; and
(2) by striking ‘‘each contract’’ and inserting ‘‘each contract
for the provision or management of housing units’’.
(d) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of section 2891c of
title 10, United States Code, is amended to read as follows:

10 USC 2890
prec.

‘‘§ 2891c. Transparency regarding finances and performance
metrics’’.
(2) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States
Code, is amended by striking the item relating to section 2891c
and inserting the following new item:

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‘‘2891c. Transparency regarding finances and performance metrics.’’.
10 USC 2821
note.

SEC. 2815. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT
RECOMMENDATIONS RELATING TO MILITARY FAMILY
HOUSING CONTAINED IN REPORT BY INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE.

Deadline.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall implement the recommendations of the Inspector General of the Department of Defense contained in the report of the Inspector General dated April 30, 2020,
and entitled ‘‘Evaluation of the DoD’s Management of Health and
Safety Hazards in Government-Owned and Government-Controlled
Military Family Housing’’.

10 USC 2871
note.

SEC. 2816. PROMULGATION OF GUIDANCE TO FACILITATE RETURN
OF MILITARY FAMILIES DISPLACED FROM PRIVATIZED
MILITARY HOUSING.

(a) GUIDANCE REQUIRED.—The Secretary of Defense shall
promulgate guidance for commanders of military installations and
installation housing management offices to assist such commanders
and offices in facilitating and managing the relocation and return
of tenants of privatized military housing when tenants are displaced
from such housing—
(1) as a result of an environmental hazard or other damage
adversely affecting the habitability of the privatized military
housing; or

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4329

(2) during remediation or repair activities in response to
the hazard or damages.
(b) FINANCIAL IMPACT OF DISPLACEMENT.—As part of the
promulgation of the guidance, the Secretary of Defense shall consider—
(1) the extent to which displaced tenants of privatized
military housing under the circumstances described in subsection (a) incur relocation, per diem, or similar expenses as
a direct result of such displacement that are not covered by
a landlord, insurance, or claims process; and
(2) the feasibility of providing reimbursement for uncovered
expenses.
(c) CONSULTATION.—The Secretary of Defense shall promulgate
the guidance in consultation with the Secretaries of the military
departments, the Chief Housing Officer, landlords, and other
interested persons.
(d) IMPLEMENTATION.—The Secretaries of the military departments shall be responsible for implementation of the guidance at
military installations under the jurisdiction of the Secretary concerned, while recognizing that the guidance cannot anticipate every
situation in which tenants of privatized military housing must
be displaced from such housing under the circumstances described
in subsection (a).
(e) DEFINITIONS.—In this section, the terms ‘‘landlord’’,
‘‘privatized military housing’’, and ‘‘tenant’’ have the meanings given
those terms in section 3001(a) of the Military Construction
Authorization Act for Fiscal Year 2020 (division B of Public Law
116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2817. PROMULGATION OF GUIDANCE ON RELOCATION OF RESIDENTS OF MILITARY HOUSING IMPACTED BY PRESENCE
OF MOLD.

10 USC 2821
note.

As part of the process developed by the Secretary of Defense
pursuant to section 3053 of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116–92; 133
Stat. 1943; 10 U.S.C. 2821 note) to identify, record, and resolve
environmental health hazards in military housing, the Secretary
shall promulgate guidance regarding situations in which the presence of mold in a unit of housing under the jurisdiction of the
Department of Defense (including privatized military housing) is
an emergency situation requiring the relocation of the residents
of the unit.

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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 GOVERNMENTCONTROLLED MILITARY FAMILY HOUSING.

10 USC 2871
note.

(a) UNIFORM CODE OF BASIC STANDARDS FOR MILITARY
HOUSING.—The Secretary of Defense shall expand the uniform code
of basic housing standards for safety, comfort, and habitability
for privatized military housing established pursuant to section
3051(a) of the Military Construction Authorization Act for Fiscal
Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10
U.S.C. 2871 note) to include Government-owned and Governmentcontrolled military family housing located inside or outside the
United States and occupied by members of the Armed Forces.

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134 STAT. 4330

PUBLIC LAW 116–283—JAN. 1, 2021

(b) INSPECTION AND ASSESSMENT PLAN.—The Secretary of
Defense shall expand the Department of Defense housing inspection
and assessment plan prepared pursuant to section 3051(b) of the
Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871
note) to include Government-owned and Government-controlled
military family housing located inside or outside the United States
and occupied by members of the Armed Forces and commence
inspections and assessments of such military family housing pursuant to the plan.

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.

Definition.

(a) AUTHORITY TO ACCEPT PERSONAL PROPERTY SUBJECT TO
CONDITION.—Section 2601(e) of title 10, United States Code, is
amended—
(1) in the subsection heading, by striking ‘‘REAL’’;
(2) in paragraph (1), by inserting ‘‘or personal’’ after ‘‘real’’
both places it appears; and
(3) in paragraph (3)(B), by inserting ‘‘or personal’’ after
‘‘real’’.
(b) ELIGIBLE RECIPIENTS.—Section 2601(e) of title 10, United
States Code, is further amended—
(1) in paragraph (1), by striking ‘‘the United States Military
Academy, the Naval Academy, the Air Force Academy, or the
Coast Guard Academy’’ and inserting ‘‘an eligible entity’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) In this subsection, the term ‘eligible entity’ means each
of the following:
‘‘(A) The United States Military Academy, the Naval
Academy, the Air Force Academy, and the Coast Guard
Academy.
‘‘(B) The professional military education schools listed in
section 2162(d) of this title and the Defense Acquisition University.
‘‘(C) A military museum.’’.

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SEC. 2822. CODIFICATION OF REPORTING REQUIREMENTS REGARDING
UNITED STATES OVERSEAS MILITARY ENDURING LOCATIONS AND CONTINGENCY LOCATIONS.

(a) INCLUSION OF INFORMATION IN EXISTING ANNUAL REPORT.—
Section 2687a(a) of title 10, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘MASTER PLANS’’
and inserting ‘‘OVERSEAS MILITARY LOCATIONS’’;
(2) in paragraph (1), by striking subparagraph (B) and
inserting the following new subparagraph:
‘‘(B) the status of overseas military locations, whether such
a location is designated as an enduring location or contingency
location.’’; and
(3) by striking paragraph (2) and inserting the following
new paragraphs:

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134 STAT. 4331

‘‘(2) To satisfy the reporting requirement specified in paragraph
(1)(B), a report under paragraph (1) shall contain the following:
‘‘(A) A list of overseas military locations. For any overseas
military location established during the previous fiscal year,
the reasons for the establishment of the overseas military location.
‘‘(B) A description of the strategic goal and operational
requirements supported by each overseas military location.
‘‘(C) A list of each construction or facility improvement
project carried out by the Department of Defense regardless
of the funding source, and each construction or facility improvement project accepted as a payment-in-kind, at overseas military locations during the previous fiscal year if the construction
or facility improvement project was not specifically authorized
in a Military Construction Authorization Act or congressional
notice of the construction or facility improvement project was
not provided by another means. Each construction or facility
improvement project on the list shall be delineated by project
location, project title or description, project cost, including costs
covered by the host country, and authority used to undertake
the project.
‘‘(D) For each overseas military location first designated
as an enduring location in one of the previous two required
reports, a list of required construction and facility improvement
projects anticipated to be carried out by the Department of
Defense directly or through the acceptance of payments-inkind during the fiscal year in which the report is submitted
and the next four fiscal years. Each construction or facility
improvement project on the list shall be delineated by project
location, project title or description, estimated project cost,
including costs anticipated to be covered by the host country,
and authority to be used to undertake the project.
‘‘(E) An overview of any annual lease or access costs to
the United States for each overseas military location designated
as an enduring location.
‘‘(F) A description of any plans to transition an existing
contingency overseas military location to an enduring overseas
military location, or to upgrade or downgrade the designation
of an existing enduring or contingency overseas military location, during the fiscal year in which the report is submitted.
‘‘(G) A list of any overseas military locations that, during
the previous fiscal year, were transferred to the control of
security forces of the host country or another military force,
closed, or for any other reason no longer used by the armed
forces, including a summary of any costs associated with the
transfer or closure of the overseas military location.
‘‘(H) A summary of any force protection risks identified
for cooperative security locations and contingency locations,
the actions proposed to mitigate such risks, and the resourcing
and implementation plan to implement the mitigation actions.
‘‘(I) Such other such matters related to overseas military
locations as the Secretary of Defense considers appropriate.
‘‘(3) In this subsection:
‘‘(A)(i) The term ‘overseas military location’ covers both
enduring locations and contingency locations established outside the United States.

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List.

List.

List.
Summary.

Summary.
Plan.

Definitions.

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134 STAT. 4332

Coordination.

10 USC 2661
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(ii) An enduring location is primarily characterized either
by the presence of permanently assigned United States forces
with robust infrastructure and quality of life amenities to support that presence, by the sustained presence of allocated
United States forces with infrastructure and quality of life
amenities consistent with that presence, or by the periodic
presence of allocated United States forces with little or no
permanent United States military presence or controlled infrastructure. Enduring locations include main operating bases,
forward operating sites, and cooperative security locations.
‘‘(iii) A contingency location refers to a location outside
of the United States that is not covered by subparagraph (B),
but that is used by United States forces to support and sustain
operations during named and unnamed contingency operations
or other operations as directed by appropriate authority and
is categorized by mission life-cycle requirements as initial, temporary, or semi-permanent.
‘‘(B)(i) The term ‘construction or facility improvement
project’ includes any construction, development, conversion, or
extension of a building, structure, or other improvement to
real property carried out at an overseas military location,
whether to satisfy temporary or permanent requirements, and
any acquisition of land for an overseas military location.
‘‘(ii) The term does not include repairs to a building, structure, or other improvement to real property, unless the building,
structure, or other improvement cannot effectively be used for
its designated functional purpose in the absence of the repairs.
‘‘(4) The Secretary of Defense shall prepare the report under
paragraph (1) in coordination with the Under Secretary of Defense
for Policy and the Under Secretary of Defense for Acquisition and
Sustainment.
‘‘(5) A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) CONFORMING AMENDMENTS.—Section 2687a(e)(2) of title
10, United States Code, is amended by striking ‘‘host nation’’
both places it appears and inserting ‘‘host country’’.
(2) SECTION HEADING.—The heading of section 2687a of
title 10, United States Code, is amended to read as follows:
‘‘§ 2687a. Overseas base closures and realignments and status
of United States overseas military locations’’.
(3) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 159 of title 10, United States Code, is amended
by striking the item relating to section 2687a and inserting
the following new item:

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‘‘2687a. Overseas base closures and realignments and status of United States overseas military locations.’’.

(c) TEMPORARY CONTINUATION OF SUPERCEDED REPORTING
REQUIREMENT.—Until the Secretary of Defense submits the first
report required by section 2687a(a) of title 10, United States Code,
that includes the information required by paragraph (2) of such
section, as added by subsection (a), the Secretary of Defense shall
continue to prepare and submit the report required by section
2816 of the Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114–92; 129 Stat. 1176), notwithstanding the expiration of such reporting requirement.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4333

SEC. 2823. PROMOTION OF ENERGY RESILIENCE AND ENERGY SECURITY IN PRIVATIZED UTILITY SYSTEMS.

(a) UTILITY PRIVATIZATION CONTRACT RENEWALS.—Section
2688(d)(2) of title 10, United States Code, is amended—
(1) in the first sentence, by inserting ‘‘or the renewal of
such a contract’’ after ‘‘paragraph (1)’’;
(2) in the second sentence, by striking ‘‘the contract.’’ and
inserting ‘‘the contract or contract renewal.’’; and
(3) by adding at the end the following new sentence: ‘‘A
renewal of a contract pursuant to this paragraph may be
entered into only within the last five years of the existing
contract term.’’.
(b) AVAILABILITY OF ERCIP FUNDS FOR PRIVATIZED UTILITY
SYSTEM ACTIVITIES.—Section 2914 of title 10, United States Code,
as amended by section 2805, is further amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
‘‘(c) RELATION TO CERTAIN OTHER AUTHORITIES.—A project
under this section may include—
‘‘(1) activities related to a utility system authorized under
subsections (h), (j), and (k) of section 2688 or section 2913
of this title, notwithstanding that the United States does not
own the utility system covered by the project; and
‘‘(2) energy-related activities included as a separate requirement in an energy savings performance contract (as defined
in section 804(3) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(3))).’’.
SEC. 2824. VESTING EXERCISE OF DISCRETION WITH SECRETARIES
OF THE MILITARY DEPARTMENTS REGARDING ENTERING
INTO LONGER-TERM CONTRACTS FOR UTILITY SERVICES.

Section 2688(d)(2) of title 10, United States Code, as amended
by section 2823, is further amended in the first sentence—
(1) by striking ‘‘The Secretary of Defense, or the designee
of the Secretary,’’ and inserting ‘‘The Secretary concerned’’;
and
(2) by striking ‘‘if the Secretary’’ and inserting ‘‘if the
Secretary concerned’’.

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SEC. 2825. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY INSTALLATION ENERGY RESILIENCE AND ENERGY
SECURITY.

(a) PROMOTION OF ON-SITE ENERGY SECURITY AND ENERGY
RESILIENCE.—Section 2911 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(h) PROMOTION OF ON-SITE ENERGY SECURITY AND ENERGY
RESILIENCE.—(1) Consistent with the energy security and resilience
goals of the Department of Defense and the energy performance
master plan referred to in this section, the Secretary concerned
shall consider, when feasible, projects for the production of installation energy that benefits military readiness and promotes installation energy security and energy resilience in the following manner:
‘‘(A) Location of the energy-production infrastructure on
the military installation that will consume the energy.
‘‘(B) Incorporation of energy resilience features, such as
microgrids, to ensure that energy remains available to the

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Expiration date.
Deadline.

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10 USC 2911
note.

PUBLIC LAW 116–283—JAN. 1, 2021

installation even when the installation is not connected to
energy sources located off the installation.
‘‘(C) Reduction in periodic refueling needs from sources
off the installation to not more than once every two years.
‘‘(3) In this subsection, the term ‘microgrid’ means an integrated
energy system consisting of interconnected loads and energy
resources that, if necessary, can be removed from the local utility
grid and function as an integrated, stand-alone system.’’.
(b) EVALUATION OF FEASIBILITY OF EXPANDING USE OF ONSITE ENERGY PRODUCTION.—
(1) PROJECTS AUTHORIZED.—Subsection (h) of section 2911
of title 10, United States Code, as added by subsection (a),
is amended by inserting after paragraph (1) the following new
paragraph:
‘‘(2)(A) Using amounts made available for military construction
projects under section 2914 of this title, the Secretary of Defense
shall carry out at least four projects to promote installation energy
security and energy resilience in the manner described in paragraph
(1).
‘‘(B) At least one project shall be designed to develop technology
that demonstrates the ability to connect an existing on-site energy
generation facility that uses solar power with one or more installation facilities performing critical missions in a manner that allows
the generation facility to continue to provide electrical power to
these facilities even if the installation is disconnected from the
commercial power supply.
‘‘(C) At least one project shall be designed to develop technology
that demonstrates that one or more installation facilities performing
critical missions can be isolated, for purposes of electrical power
supply, from the remainder of the installation and from the commercial power supply in a manner that allows an on-site energy generation facility that uses a renewable energy source, other than solar
energy, to provide the necessary power exclusively to these facilities.
‘‘(D) At least two projects shall be designed to develop technology that demonstrates the ability to store sufficient electrical
energy from an on-site energy generation facility that uses a renewable energy source to provide the electrical energy required to
continue operation of installation facilities performing critical missions during nighttime operations.
‘‘(E) The authority of the Secretary of Defense to commence
a project under this paragraph expires on September 30, 2025.’’.
(2) BRIEFING.—Not later than March 1, 2021, the Secretary
of Defense shall brief the congressional defense committees
regarding the plan to carry out the on-site energy production
projects authorized by paragraph (2) of section 2911(h) of title
10, United States Code, as added by paragraph (1).
SEC. 2826. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF
DEFENSE INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS.

(a) OPTIONS TO IMPROVE ELECTRICAL METERING.—The Secretary of Defense and the Secretaries of the military departments
shall improve the metering of electrical energy usage of covered
defense structures to accurately determine energy consumption by
such a structure to increase energy efficiency and improve energy

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134 STAT. 4335

resilience, using any combination of the options specified in subsection (b) or such other methods as the Secretary concerned considers practicable.
(b) METERING OPTIONS.—Electrical energy usage options to be
considered for a covered defense structure include the following:
(1) Installation of a smart meter at the electric power
supply cable entry point of the covered defense structure, with
remote data storage and retrieval capability using cellular
communication, to provide historical energy usage data on an
hourly basis to accurately determine the optimum cost effective
energy efficiency and energy resilience measures for the covered
defense structure.
(2) Use of an energy usage audit firm to individually meter
the covered defense structure using clamp-on meters and data
storage to provide year–long electric energy load profile data,
particularly in the case of a covered defense structure located
in climates with highly variable use based on weather or
temperature changes, to accurately identify electric energy
usage demand for both peak and off peak periods for a covered
defense structure.
(3) Manual collection and calculation of the connected load
via nameplate data survey of all the connected electrical devices
for the covered defense structure and comparison of such data
to the designed maximum rating of the incoming electric supply
to determine the maximum electrical load for the covered
defense structure.
(c) CYBERSECURITY.—The Secretary of Defense and the Secretaries of the military departments shall consult with the Chief
Information Officer of the Department of Defense to ensure that
the electrical energy metering options considered under subsection
(b) do not compromise the cybersecurity of Department of Defense
networks.
(d) CONSIDERATION OF PARTNERSHIPS.—The Secretary of
Defense and the Secretaries of the military departments shall consider the use of arrangements (known as public-private partnerships) with appropriate entities outside the Government to reduce
the cost of carrying out this section.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered defense structure’’ means any infrastructure under the jurisdiction of the Department of Defense
inside the United States that the Secretary of Defense or the
Secretary of the military department concerned determines—
(A) is used to support a critical mission of the Department; and
(B) is located at a military installation with basewide resilient power.
(2) The term ‘‘energy resilience’’ has the meaning given
that term in section 101(e)(6) of title 10, United States Code.
(f) IMPLEMENTATION REPORT.—As part of the Department of
Defense energy management report to be submitted under section
2925 of title 10, United States Code, during fiscal year 2022, the
Secretary of Defense shall include information on the progress
being made to comply with the requirements of this section.

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Consultation.

Compliance.

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10 USC 2866
note.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 2827. IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY INSTALLATIONS.

(a) RISK-BASED APPROACH TO INSTALLATION WATER MANAGEMENT AND SECURITY.—
(1) GENERAL REQUIREMENT.—The Secretary concerned shall

Determination.

Assessments.

Evaluations.

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Determination.

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adopt a risk-based approach to water management and security
for each military installation under the jurisdiction of the Secretary.
(2) IMPLEMENTATION PRIORITIES.—The Secretary concerned
shall begin implementation of paragraph (1) by prioritizing
those military installations under the jurisdiction of the Secretary that the Secretary determines—
(A) are experiencing the greatest risks to sustainable
water management and security; and
(B) face the most severe existing or potential adverse
impacts to mission assurance as a result of such risks.
(3) DETERMINATION METHOD.—Determinations under paragraph (2) shall be made on the basis of the water management
and security assessments made by the Secretary concerned
under subsection (b).
(b) WATER MANAGEMENT AND SECURITY ASSESSMENTS.—
(1) ASSESSMENT METHODOLOGY.—The Secretaries concerned, acting jointly, shall develop a methodology to assess
risks to sustainable water management and security and mission assurance.
(2) ELEMENTS.—Required elements of the assessment methodology shall include the following:
(A) An evaluation of the water sources and supply
connections for a military installation, including water flow
rate and extent of competition for the water sources.
(B) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military
installation.
(C) An evaluation of the military installation’s watersecurity risks related to drought-prone climates, impacts
of defense water usage on regional water demands, water
quality, and legal issues, such as water rights disputes.
(D) An evaluation of the resiliency of the military
installation’s water supply and the overall health of the
aquifer basin of which the water supply is a part, including
the robustness of the resource, redundancy, and ability
to recover from disruption.
(E) An evaluation of existing water metering and
consumption at the military installation, considered at a
minimum—
(i) by type of installation activity, such as training,
maintenance, medical, housing, and grounds maintenance and landscaping; and
(ii) by fluctuations in consumption, including peak
consumption by quarter.
(c) EVALUATION OF INSTALLATIONS FOR POTENTIAL NET ZERO
WATER USAGE.—
(1) EVALUATION REQUIRED.—The Secretary concerned shall
conduct an evaluation of each military installation under the
jurisdiction of the Secretary to determine the potential for
the military installation, or at a minimum certain installation
activities, to achieve net zero water usage.

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(2) ELEMENTS.—Required elements of each evaluation shall
include the following:
(A) An evaluation of alternative water sources to offset
use of freshwater, including water recycling and harvested
rainwater for use as non-potable water.
(B) An evaluation of the feasibility of implementing
Department of Energy guidelines for net zero water usage,
when practicable, to minimize water consumption and
wastewater discharge in buildings scheduled for renovation.
(C) An evaluation of the practicality of implementing
net zero water usage technology into new construction in
water-constrained areas, as determined by water management and security assessments conducted under subsection
(b).
(d) IMPROVED LANDSCAPING MANAGEMENT PRACTICES.—
(1) LANDSCAPING MANAGEMENT.—The Secretary concerned
shall implement, to the maximum extent practicable, at each
military installation under the jurisdiction of the Secretary
landscaping management practices to increase water resilience
and ensure greater quantities of water availability for operational, training, and maintenance requirements.
(2) ARID OR SEMI-ARID CLIMATES.—For military installations
located in arid or semi-arid climates, landscaping management
practices shall include the use of xeriscaping.
(3) NON-ARID CLIMATES.—For military installations located
in non-arid climates, landscaping management practices shall
include the use of plants common to the region in which the
installation is located and native grasses and plants.
(4) POLLINATOR CONSERVATION REFERENCE GUIDE.—The
Secretary concerned shall follow the recommendations of the
Department of Defense Pollinator Conservation Reference
Guide (September 2018) to the maximum extent practicable
in order to reduce operation and maintenance costs related
to landscaping management, while improving area management. Consistent with such guide, in the preparation of a
military installation landscaping plan, the Secretary concerned
should consider the following:
(A) Adding native flowering plants to sunny open areas
and removing overhanging tree limbs above open patches
within forested areas or dense shrub.
(B) Removing or controlling invasive plants to improve
pollinator habitat.
(C) Preserving known and potential pollinator nesting
and overwintering sites.
(D) Eliminating or minimizing pesticide use in pollinator habitat areas.
(E) Mowing in late fall or winter after plants have
bloomed and set seed, adjusting timing to avoid vulnerable
life stages of special status pollinators.
(F) Mowing mid-day when adult pollinators can avoid
mowing equipment.
(e) IMPLEMENTATION REPORT.—
(1) REPORT REQUIRED.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the other Secretaries concerned, shall
submit to the Committees on Armed Services of the Senate

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134 STAT. 4338

and the House of Representatives a report on the progress
made in implementing this section.
(2) REPORT ELEMENTS.—The report shall include the following:
(A) The methodology developed under subsection (b)
to conduct water management and security assessments.
(B) A list of the military installations that have been
assessed using such methodology and a description of the
findings.
(C) A list of planned assessments for the one-year
period beginning on the date of the submission of the
report.
(D) An evaluation of the progress made on implementation of xeriscaping and other regionally appropriate landscaping practices at military installations.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘net zero water usage’’, with respect to a
military installation or installation activity, means a situation
in which the combination of limitations on the consumption
of water resources and the return of water to an original
water source by the installation or activity is sufficient to
prevent any reduction in the water resources of the area in
both quantity and quality over a reasonable period of time.
(2) The terms ‘‘Secretary concerned’’ and ‘‘Secretary’’ mean
the Secretary of a military department and the Secretary of
Defense with respect to the Pentagon Reservation.
(3) The term ‘‘xeriscaping’’ means landscape design that
emphasizes low water use and drought-tolerant plants that
require little or no supplemental irrigation.

Lists.

Evaluation.

10 USC 2687a
note.

Certification.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 2828. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST
NATION OF EXISTING MILITARY INSTALLATIONS, INFRASTRUCTURE, OR REAL PROPERTY IN EUROPE.

(a) PROHIBITION ON CLOSURE OR RETURN.—Except as provided
by subsection (b), the Secretary of Defense shall not implement
any activity that closes or returns to the host nation any military
installation, infrastructure, or real property in Europe that, as
of the date of enactment of this Act, is under the operational
control of the Department of Defense or a military department
and is utilized by the United States Armed Forces.
(b) WAIVER AND EXCEPTION.—The Secretary of Defense may
waive the prohibition under subsection (a) if the Secretary certifies
to the congressional defense committees that there is no longer
a foreseeable need for the military installation, infrastructure, or
real property, or a portion of the military installation in the case
of a partial closure and return of a military installation, to support
a permanent or rotational United States military presence in the
European theater.

Subtitle D—Land Conveyances

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SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Arizona Department
of Emergency and Military Affairs (in this section referred to as
the ‘‘State’’) all right, title, and interest of the United States in

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4339

and to a parcel of real property, including any improvements
thereon, consisting of not more than 3,000 acres at Camp Navajo,
Arizona, for the purpose of permitting the State to use the property—
(1) for training the Arizona Army National Guard and
Air National Guard; and
(2) for defense industrial base economic development purposes that are compatible with the environmental security and
primary National Guard training purpose of Camp Navajo.
(b) CONDITION OF CONVEYANCE.—
(1) USE OF REVENUES.—The authority of the Secretary of
the Army to make the conveyance described in subsection (a)
is subject to the condition that the State agree that all revenues
generated from the use of the property conveyed under such
subsection will be used to support the training requirements
of the Arizona Army National Guard and Air National Guard,
including necessary infrastructure maintenance and capital
improvements.
(2) AUDIT.—The United States Property and Fiscal Office
for Arizona shall—
(A) conduct periodic audits of all revenues generated
by uses of the conveyed property and the use of such
revenues; and
(B) provide the audit results to the Chief of the
National Guard Bureau.
(c) REVERSIONARY INTEREST.—
(1) INTEREST RETAINED.—If the Secretary of the Army
determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purposes
of the conveyance specified in such subsection, or that the
State has not complied with the condition imposed by subsection
(b), all right, title, and interest in and to the conveyed property,
including any improvements thereon, shall, at the option of
the Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate
entry onto the property.
(2) DETERMINATION.—A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(d) ALTERNATIVE CONSIDERATION OPTION.—
(1) CONSIDERATION OPTION.—In lieu of exercising the reversionary interest retained under subsection (c), the Secretary
of the Army may accept an offer by the State to pay to the
United States an amount equal to the fair market value of
the property conveyed under subsection (a), excluding the value
of any improvements on the conveyed property constructed
without Federal funds after the date of the conveyance is completed, as determined by the Secretary.
(2) TREATMENT OF CONSIDERATION RECEIVED.—Consideration received by the Secretary under paragraph (1) shall be
deposited in the special account in the Treasury established
for the Secretary under subsection (e) of section 2667 of title
10, United States Code, and shall be available to the Secretary
for the same uses and subject to the same limitations as provided in that section.
(e) PAYMENT OF COSTS OF CONVEYANCE.—

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Refund.

Determination.

Requirements.
Consultation.

PUBLIC LAW 116–283—JAN. 1, 2021

(1) PAYMENT REQUIRED.—The Secretary of the Army shall
require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental documentation
related to the conveyance, and any other administrative costs
related to the conveyance. If amounts are collected from the
State in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the State.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation has
expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of
the Army.
(g) SAVINGS PROVISION.—Nothing in this section shall be construed to alleviate, alter, or affect the responsibility of the United
States for cleanup and remediation of the property to be conveyed
under subsection (a) in accordance with the Defense Environmental
Restoration Program under section 2701 of title 10, United States
Code, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
These additional terms may include a requirement for the State
to consult with the Secretary of the Navy regarding use of the
conveyed property.
SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL
INDUSTRIAL RESERVE ORDNANCE PLANT, SUNNYVALE,
CALIFORNIA.

Florida.
Determination.

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(a) ELEMENTS OF EXCHANGE.—Section 2841(a) of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1860) is amended by striking
paragraphs (1) and (2) and inserting the following new paragraphs:
‘‘(1) real property, including improvements thereon, located
in Titusville, Florida, that will replace the NIROP and meet
the readiness requirements of the Department of the Navy,
as determined by the Secretary; and
‘‘(2) reimbursement for the costs of relocation of contractor
and Government personnel and equipment from the NIROP
to the replacement facilities, to the extent specified in the
land exchange agreement contemplated in subsection (b).’’.
(b) ELEMENTS OF LAND EXCHANGE AGREEMENT.—Section
2841(b)(1) of the Military Construction Authorization Act for Fiscal

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134 STAT. 4341

Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is
amended by inserting after ‘‘identifies’’ the following: ‘‘the costs
of relocation to be reimbursed by the Exchange Entity,’’.
(c) VALUATION OF PROPERTIES AND COMPENSATION.—Section
2841 of the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended—
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
(3) by inserting after subsection (b) the following new subsections:
‘‘(c) VALUATION.—The Secretary shall determine the fair market
value of the properties, including improvements thereon, to be
exchanged by the Secretary and the Exchange Entity under subsection (a).
‘‘(d) COMPENSATION.—
‘‘(1) COMPENSATION REQUIRED.—The Exchange Entity shall
provide compensation under the land exchange agreement
described in subsection (b) that is equal to or exceeds the
fair market value of the NIROP, as determined under subsection (c).
‘‘(2) IN-KIND CONSIDERATION.—As part of the compensation
under the land exchange agreement, the Secretary and the
Exchange Entity may agree for the Exchange Entity to provide
the following forms of in-kind consideration at any property
or facility under the control of the Secretary:
‘‘(A) Alteration, repair, improvement, or restoration
(including environmental restoration) of property.
‘‘(B) Use of facilities by the Secretary.
‘‘(C) Provision of real property maintenance services.
‘‘(D) Provision of or payment of utility services.
‘‘(E) Provision of such other services relating to activities that will occur on the property as the Secretary considers appropriate.
‘‘(3) DEPOSIT.—The Secretary shall deposit any cash payments received under the land exchange agreement, other than
cash payments accepted under section 2695 of title 10, United
States Code, in the account in the Treasury established pursuant to section 572(b) of title 40, United States Code.
‘‘(4) USE OF PROCEEDS.—Proceeds deposited pursuant to
paragraph (3) in the account referred to in such paragraph
shall be available to the Secretary in such amounts as provided
in appropriations Acts for the following activities:
‘‘(A) Maintenance, protection, alternation, repair,
improvement, or restoration (including environmental restoration) of property or facilities.
‘‘(B) Payment of utilities services.
‘‘(C) Real property maintenance services.’’.
(d) TREATMENT OF CERTAIN AMOUNTS RECEIVED.—Subsection
(f) of section 2841 of the Military Construction Authorization Act
for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat.
1861), as redesignated by subsection (c)(2) of this section, is
amended by striking ‘‘(a), (c)(2), and (d)’’ and inserting ‘‘(a) and
(e)’’.
(e) SUNSET.—Subsection (j) of section 2841 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1861), as redesignated by subsection

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(c)(2) of this section, is amended by striking ‘‘October 1, 2023’’
and inserting ‘‘October 1, 2026, if the Secretary and the Exchange
Entity have not entered into a land exchange agreement described
in subsection (b) before that date’’.
SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.

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(a) CONVEYANCE AUTHORIZED.—If the Secretary of the Army
determines that no department or agency of the Federal Government will accept the transfer of a parcel of real property consisting
of approximately 525 acres at Sharpe Army Depot in Lathrop,
California, the Secretary may convey to the Port of Stockton, California, all right, title, and interest of the United States in and
to the property, including any improvements thereon, for the purpose of permitting the Port of Stockton to use the property for
the development or operation of a port facility.
(b) MODIFICATION OF PARCEL AUTHORIZED FOR CONVEYANCE.—
If a department or agency of the Federal Government will accept
the transfer of a portion of the parcel of real property described
in subsection (a), the Secretary of the Army shall modify the conveyance authorized by such subsection to exclude the portion of the
parcel to be accepted by that department or agency.
(c) CONVEYANCE ALTERNATIVES.—
(1) PUBLIC BENEFIT CONVEYANCE.—The Secretary of the
Army may assign the real property described in subsection
(a) to the Secretary of Transportation for conveyance under
such subsection as a public benefit conveyance without monetary consideration to the Federal Government if the Port of
Stockton satisfies the conveyance requirements specified in section 554 of title 40, United States Code.
(2) FAIR MARKET VALUE CONVEYANCE.—
(A) AMOUNT AND DETERMINATION.—If the Port of
Stockton fails to qualify for a public benefit conveyance
under paragraph (1) and still desires to acquire the real
property described in subsection (a), the Port of Stockton
shall pay to the United States an amount that is not
less than the fair market value of the property to be conveyed. The Secretary of the Army shall determine the
fair market value of the property using an independent
appraisal based on the highest and best use of the property.
(B) DEPOSIT AND AVAILABILITY.—The Secretary shall
deposit cash payment received under subparagraph (A)
in the special account in the Treasury established for that
Secretary under section 2667(e) of title 10, United States
Code. The entire amount deposited shall be available for
use in accordance with paragraph (1)(C) of such section.
Paragraph (1)(D) of such section shall not apply to the
entire amount deposited.
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary of the Army shall
require the Port of Stockton to pay costs to be incurred by
the Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance authorized by subsection (a), including survey costs, appraisal costs,
costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.

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(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to pay the costs incurred
by the Secretary in carrying out the conveyance under subsection (a) or, if the period of availability of obligations for
that appropriation has expired, to the appropriations of fund
that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary
of the Army.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
(g) SUNSET.—If the real property authorized for conveyance
by subsection (a) is not conveyed within one year after the date
of the enactment of this Act, the Secretary of the Army may report
the property excess for disposal in accordance with applicable law.

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SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA.

(a) DEFINITIONS.—In this section:
(1) COUNTY.—The term ‘‘County’’ means the County of San
Bernardino, California.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the
approximately 73 acres of Federal land generally depicted as
‘‘Federal Land Proposed for Exchange’’ on the map titled ‘‘Big
Bear Land Exchange’’ and dated September 4, 2020.
(3) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the approximately 71 acres of land owned by the County
generally depicted as ‘‘Non-Federal Land Proposed for
Exchange’’ on the map referred to in paragraph (2).
(b) EXCHANGE AUTHORIZED.—Subject to valid existing rights
and the terms of this section, no later than one year after the
date that the portion of the Pacific Crest National Scenic Trail
is relocated in accordance with subsection (i), if the County offers
to convey the non-Federal land to the United States, the Secretary
of Agriculture shall—
(1) convey to the County all right, title, and interest of
the United States in and to the Federal land; and
(2) accept from the County a conveyance of all right, title,
and interest of the County in and to the non-Federal land.
(c) EQUAL VALUE AND CASH EQUALIZATION.—
(1) EQUAL VALUE EXCHANGE.—The land exchange under
this section shall be for equal value, or the values shall be
equalized by a cash payment as provided for under this subsection or an adjustment in acreage. At the option of the
County, any excess value of the non-Federal lands may be
considered a gift to the United States.
(2) CASH EQUALIZATION PAYMENT.—The County may
equalize the values of the lands to be exchanged under this
section by cash payment without regard to any statutory limit
on the amount of such a cash equalization payment.

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(3) DEPOSIT AND USE OF FUNDS RECEIVED FROM COUNTY.—
Any cash equalization payment received by the Secretary of
Agriculture under this subsection shall be deposited in the
fund established under Public Law 90–171 (16 U.S.C. 484a;
commonly known as the Sisk Act). The funds so deposited
shall remain available to the Secretary of Agriculture, until
expended, for the acquisition of lands, waters, and interests
in land for the San Bernardino National Forest.
(d) APPRAISAL.—The Secretary of Agriculture shall complete
an appraisal of the land to be exchanged under this section in
accordance with—
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) the Uniform Standards of Professional Appraisal Practice.
(e) TITLE APPROVAL.—Title to the land to be exchanged under
this section shall be in a format acceptable to the Secretary of
Agriculture and the County.
(f) SURVEY OF NON-FEDERAL LANDS.—Before completing the
exchange under this section, the Secretary of Agriculture shall
inspect the non-Federal lands to ensure that the land meets Federal
standards, including hazardous materials and land line surveys.
(g) COSTS OF CONVEYANCE.—As a condition of the conveyance
of the Federal land under this section, any costs related to the
exchange under this section shall be paid by the County.
(h) MANAGEMENT OF ACQUIRED LANDS.—The Secretary of Agriculture shall manage the non-Federal land acquired under this
section in accordance with the Act of March 1, 1911 (16 U.S.C.
480 et seq.; commonly known as the Weeks Act), and other laws
and regulations pertaining to National Forest System lands.
(i) PACIFIC CREST NATIONAL SCENIC TRAIL RELOCATION.—No
later than three years after the date of the enactment of this
Act, the Secretary of Agriculture, in accordance with applicable
laws, shall relocate the portion of the Pacific Crest National Scenic
Trail located on the Federal land—
(1) to adjacent National Forest System land;
(2) to land owned by the County, subject to County
approval;
(3) to land within the Federal land, subject to County
approval; or
(4) in a manner that combines two or more of the options
described in paragraphs (1), (2), and (3).
(j) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable after
the date of the enactment of this Act, the Secretary of Agriculture
shall finalize a map and legal descriptions of all land to be conveyed
under this section. The Secretary may correct any minor errors
in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.

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SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER
RADAR SYSTEM RECEIVING STATION, MODOC COUNTY,
CALIFORNIA.

(a) CONVEYANCE REQUIRED.—
(1) IN GENERAL.—As soon as practicable after receiving
a request from Modoc County, California (in this section
referred to as the ‘‘County’’) regarding the conveyance required

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by this section, but subject to paragraph (2), the Secretary
of Agriculture shall convey to the County all right, title, and
interest of the United States in and to a parcel of National
Forest System land, including improvements thereon, consisting
of approximately 927 acres in Modoc National Forest in the
State of California and containing an obsolete Over-the-Horizon
Backscatter Radar System receiving station established on the
parcel pursuant to a memorandum of agreement between the
Department of the Air Force and Forest Service dated May
18 and 23, 1987.
(2) APPLICABLE LAW AND NATIONAL SECURITY DETERMINATION.—The Secretary of Agriculture shall carry out the conveyance under subsection (a) in accordance with this section and
all other applicable law, including the condition that the conveyance not take place until the Secretary, in consultation with
the Secretary of the Air Force, determines that the conveyance
will not harm the national security interests of the United
States.
(b) PURPOSE OF CONVEYANCE.—The purpose of the conveyance
under subsection (a) is to preserve and utilize the improvements
constructed on the parcel of National Forest System land described
in such subsection and to permit the County to use the conveyed
property, including improvements thereon, for the development of
renewable energy, including solar and biomass cogeneration.
(c) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the conveyance under
subsection (a), the County shall pay to the Secretary of Agriculture an amount that is not less than the fair market value
of the parcel of land to be conveyed, as determined in accordance with the Uniform Appraisal Standards for Federal Land
Acquisition and the Uniform Standards of Professional
Appraisal Practice.
(2) TREATMENT OF CASH CONSIDERATION.—The Secretary
shall deposit the payment received under paragraph (1) in
the account in the Treasury established by Public Law 90–
171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The
amount deposited shall be available to the Secretary, in such
amounts as may be provided in advance in appropriation Acts,
to pay any necessary and incidental costs incurred by the
Secretary in connection with the improvement, maintenance,
reconstruction, or construction of a facility or improvement
for the National Forest System located in the State of California.
(d) RESERVATION OF EASEMENT RELATED TO CONTINUED USE
OF WATER WELLS.—The conveyance required by subsection (a) shall
be conditioned on the reservation of an easement by the Secretary
of Agriculture, subject to such terms and conditions as the Secretary
deems appropriate, necessary to provide access for use authorized
by the Secretary of the four water wells in existence on the date
of the enactment of this Act and associated water conveyance infrastructure on the parcel of National Forest System lands to be
conveyed.
(e) WITHDRAWAL.—The National Forest System land described
in subsection (a) is withdrawn from the operation of the mining
and mineral leasing laws of the United States.
(f) PAYMENT OF COSTS OF CONVEYANCE.—

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(1) PAYMENT REQUIRED.—The Secretary of Agriculture shall
require the County to cover costs (except costs for environmental remediation of the property) to be incurred by the
Secretary, or to reimburse the Secretary for such costs incurred
by the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the County.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover those costs incurred
by the Secretary of Agriculture in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such
fund or account, and shall be available for the same purposes,
and subject to the same conditions and limitations, as amounts
in such fund or account.
(g) ENVIRONMENTAL REMEDIATION.—
(1) IN GENERAL.—To expedite the conveyance of the parcel
of National Forest System land described in subsection (a),
including improvements thereon, environmental remediation of
the land by the Department of the Air Force shall be limited
to the removal of the perimeter wooden fence, which was treated
with an arsenic-based weatherproof coating, and treatment of
soil affected by leaching of such chemical.
(2) POTENTIAL FUTURE ENVIRONMENTAL REMEDIATION
RESPONSIBILITIES.—Notwithstanding the conveyance of the
parcel of National Forest System land described in subsection
(a), the Secretary of the Air Force shall be responsible for
the remediation of any environmental contamination, discovered post-conveyance, that is attributed to Air Force occupancy
of and operations on the parcel pre-conveyance.
(h) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary of
Agriculture.
SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL SUPPORT ACTIVITY PANAMA CITY, FLORIDA, PARCEL.

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(a) TRANSFER TO THE SECRETARY OF THE NAVY.—Administrative
jurisdiction over the parcel of Federal land consisting of approximately 1.23 acres located within Naval Support Activity Panama
City, Florida, and used by the Department of the Navy pursuant
to Executive Order No. 10355 of May 26, 1952, and Public Land
Order Number 952 of April 6, 1954, is transferred from the Secretary of the Interior to the Secretary of the Navy.
(b) LAND SURVEY.—The exact acreage and legal description
of the Federal land transferred by subsection (a) shall be determined
by a survey satisfactory to the Secretary of the Navy and the
Secretary of the Interior.
(c) CONSIDERATION AND REIMBURSEMENT.—
(1) NO CONSIDERATION.—The transfer made by subsection
(a) shall be without consideration.

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134 STAT. 4347

(2) REIMBURSEMENT.—The Secretary of the Navy shall
reimburse the Secretary of the Interior for any costs incurred
by the Secretary of the Interior under subsection (b) in conducting the survey and preparing the legal description of the
Federal land transferred by subsection (a).
(d) STATUS OF LAND AFTER TRANSFER.—Upon transfer of the
Federal land by subsection (a), the land shall cease to be public
land and shall be treated as property (as defined in section 102(9)
of title 40, United States Code) under the administrative jurisdiction
of the Secretary of the Navy.
SEC. 2837. LEASE EXTENSION, BRYAN MULTI-SPORTS COMPLEX,
WAYNE COUNTY, NORTH CAROLINA.

(a) AUTHORITY.—In the case of the existing lease with the
City of Goldsboro, North Carolina, regarding the approximately
62-acre Bryan Multi-Sports Complex located in Wayne County,
North Carolina, the Secretary of the Air Force may enter into
an agreement with the City of Goldsboro to extend the term of
the lease for the purpose of permitting the City to continue to
operate a sports and recreation facility for the benefit of both
the Air Force and the community.
(b) DURATION.—The duration of the lease extension provided
by the Secretary of the Air Force under subsection (a) may not
exceed 30 years, providing a total lease period not to exceed 50
years for the lease described in such subsection.
(c) PAYMENTS UNDER THE LEASE.—The Secretary of the Air
Force may waive the requirement under section 2667(b)(4) of title
10, United States Code, with respect to the lease extension authorized by subsection (a) if the Secretary determines that extension
of the lease described in such subsection enhances the quality
of life of members of the Armed Forces.

Waiver.
Determination.

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SEC. 2838. LAND CONVEYANCES, MILAN ARMY AMMUNITION PLANT,
TENNESSEE.

(a) CONVEYANCES AUTHORIZED.—
(1) CITY OF MILAN, TENNESSEE.—The Secretary of the Army
may convey to the City of Milan, Tennessee (in this section
referred to as the ‘‘City’’), all right, title, and interest of the
United States in and to parcels of real property, including
any improvements thereon, at Milan Army Ammunition Plant,
Tennessee, that run parallel to Highway 45 and consist of
a total of approximately 292 acres.
(2) UNIVERSITY OF TENNESSEE.—The Secretary of the Army
may convey, without consideration, to the University of Tennessee (in this section referred to as the ‘‘University’’) all right,
title, and interest of the United States in and to parcels of
real property, including any improvements thereon and parcels
currently leased to the University, at Milan Army Ammunition
Plant that consist of a total of approximately 900 acres for
the purpose of permitting the University to use the parcels
for education research.
(b) CONSIDERATION.—
(1) AMOUNT AND DETERMINATION.—As consideration for the
conveyance authorized by subsection (a)(1), the City shall pay
to the Secretary of the Army an amount that is not less than
the fair market value of the property to be conveyed under
such subsection, as determined by an appraisal approved by
the Secretary.

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Determination.
Appraisal.

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Determinations.

Applicability.

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Requirement.
Reimbursement.

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(2) DEPOSIT AND AVAILABILITY.—The Secretary of the Army
shall deposit the cash payment received under paragraph (1)
in the special account in the Treasury established for that
Secretary under section 2667(e) of title 10, United States Code.
The entire amount deposited shall be available for use in
accordance with paragraph (1)(C) of such section. Paragraph
(1)(D) of such section shall not apply to the entire amount
deposited.
(c) REVERSIONARY INTEREST.—
(1) INTEREST RETAINED.—If the Secretary of the Army
determines at any time that the property conveyed to the
University under subsection (a)(2) is not being used in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the conveyed
property, including any improvements thereon, shall, at the
option of the Secretary, revert to and become the property
of the United States, and the United States shall have the
right of immediate entry onto the property. A determination
by the Secretary under this subsection shall be made on the
record after an opportunity for a hearing.
(2) ALTERNATIVE CONSIDERATION OPTION.—In lieu of exercising the reversionary interest retained under paragraph (1),
the Secretary of the Army may accept an offer by the University
to pay to the Secretary an amount equal to the fair market
value of the property conveyed under subsection (a)(2),
excluding the value of any improvements on the conveyed property constructed without Federal funds after the date the
conveyance is completed, as determined by the Secretary. Subsection (b)(2) shall apply to any cash payment received by
the Secretary under this paragraph.
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) CONVEYANCE TO CITY.—The Secretary of the Army shall
require the City to pay costs to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance authorized by subsection
(a)(1), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other
administrative costs related to the conveyance.
(2) CONVEYANCE TO UNIVERSITY.—The Secretary shall
require the University to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred
by the Secretary, to carry out the conveyance authorized by
subsection (a)(2), including survey costs, appraisal costs, costs
for environmental documentation related to the conveyance,
and any other administrative costs related to the conveyance.
(3) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraphs (1) and (2) shall be credited to the fund or account that was used to pay the costs
incurred by the Secretary in carrying out the conveyances under
subsection (a) or, if the period of availability of obligations
for that appropriation has expired, to the appropriations of
fund that is currently available to the Secretary for the same
purpose. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.

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(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcels of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Army.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connection with the conveyances authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United
States.

Determination.
Survey.

Subtitle E—Military Land Withdrawals
SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO
BENEFIT NAVAL AIR FACILITY, EL CENTRO, CALIFORNIA.

Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110
Stat. 2816) is amended by striking ‘‘25 years after the date of
the enactment of this subtitle’’ and inserting ‘‘on November 6,
2046’’.
SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND
WITHDRAWAL AND RESERVATION.

Notwithstanding section 3015 of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the
withdrawal and reservation of lands (known as the Fallon Range
Training Complex) made by section 3011(a) of such Act (113 Stat.
885) shall terminate on November 6, 2046.

Termination
date.

SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND
WITHDRAWAL AND RESERVATION.

Notwithstanding section 3015 of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the
withdrawal and reservation of lands (known as the Nevada Test
and Training Range) made by section 3011(b) of such Act (113
Stat. 886) shall terminate on November 6, 2046.

Termination
date.

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SEC. 2844. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT
USE OF CERTAIN LAND WITHDRAWN FROM APPROPRIATION UNDER PUBLIC LAND LAWS.

(a) INTERAGENCY EXECUTIVE COMMITTEE ON JOINT USE BY
DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR
OF NAVAL AIR STATION FALLON RANGES.—Section 3011(a) of the
Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113
Stat. 885) is amended by adding at the end the following new
paragraph:
‘‘(5) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—
‘‘(A) ESTABLISHMENT.—The Secretary of the Navy and
the Secretary of the Interior shall jointly establish, by
memorandum of understanding, an intergovernmental
executive committee (referred to in this paragraph as the
‘executive committee’), for the purpose of exchanging views,
information, and advice relating to the management of
the natural and cultural resources of the land described
in paragraph (2).
‘‘(B) MEMORANDUM OF UNDERSTANDING.—The memorandum of understanding entered into under subparagraph
(A) shall include—

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(i) a description of the officials and other individuals to be invited to participate as members in the
executive committee under subparagraph (C);
‘‘(ii) a description of the duties of the Chairperson
and Vice Chairperson of the executive committee; and
‘‘(iii) subject to subparagraphs (D) and (E), a procedure for—
‘‘(I) creating a forum to carry out the purpose
described in subparagraph (A);
‘‘(II) rotating the Chairperson of the executive
committee; and
‘‘(III) scheduling regular meetings of the executive committee.
‘‘(C) MEMBERSHIP.—The executive committee shall be
comprised of—
‘‘(i) 1 representative of the Nevada Department
of Wildlife;
‘‘(ii) 1 representative of the Nevada Department
of Conservation and Natural Resources;
‘‘(iii) 1 county commissioner from each of Churchill,
Lyon, Nye, Mineral, and Pershing Counties, Nevada;
‘‘(iv) 1 representative of each Indian tribe in the
vicinity of the land described in paragraph (2); and
‘‘(v) not more than 3 members that the Secretary
of the Navy and the Secretary of the Interior jointly
determine would advance the goals and objectives of
the executive committee.
‘‘(D) CHAIRPERSON AND VICE CHAIRPERSON.—The members of the executive committee shall elect from among
the members—
‘‘(i) 1 member to serve as Chairperson of the executive committee; and
‘‘(ii) 1 member to serve as Vice Chairperson of
the executive committee.
‘‘(E) MEETINGS.—
‘‘(i) FREQUENCY.—The executive committee shall
meet not less frequently than 3 times each calendar
year.
‘‘(ii) LOCATION.—The location of the meetings of
the executive committee shall rotate to facilitate ease
of access for all members of the executive committee.
‘‘(iii) PUBLIC ACCESSIBILITY.—The meetings of the
executive committee shall—
‘‘(I) be open to the public; and
‘‘(II) serve as a forum for the public to provide
comments regarding the natural and cultural
resources of the land described in paragraph (2).
‘‘(F) CONDITIONS AND TERMS.—
‘‘(i) IN GENERAL.—Each member of the executive
committee shall serve voluntarily and without compensation.
‘‘(ii) TERM OF APPOINTMENT.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II)(bb), each member of the executive committee shall be appointed for a term of 4 years.
‘‘(II) ORIGINAL MEMBERS.—Of the members initially appointed to the executive committee, the

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4351

Secretary of the Navy and the Secretary of the
Interior shall select—
‘‘(aa) 1⁄2 to serve for a term of 4 years;
and
‘‘(bb) 1⁄2 to serve for a term of 2 years.
‘‘(iii) REAPPOINTMENT AND REPLACEMENT.—The
Secretary of the Navy and the Secretary of the Interior
may reappoint or replace, as appropriate, a member
of the executive committee if—
‘‘(I) the term of the member has expired;
‘‘(II) the member has resigned; or
‘‘(III) the position held by the member has
changed to the extent that the ability of the
member to represent the group or entity that the
member represents has been significantly affected.
‘‘(G) LIAISONS.—The Secretary of the Navy and the
Secretary of the Interior shall each appoint appropriate
operational and land management personnel of the Department of the Navy and the Department of the Interior,
respectively, to serve as liaisons to the executive committee.’’.
(b) JOINT ACCESS AND USE BY DEPARTMENT OF THE AIR FORCE
AND DEPARTMENT OF THE INTERIOR OF NEVADA TEST AND TRAINING
RANGE AND DESERT NATIONAL WILDLIFE REFUGE.—
(1) UNITED STATES FISH AND WILDLIFE SERVICE AND DEPARTMENT OF THE AIR FORCE COORDINATION.—Section 3011(b)(5)
of the Military Lands Withdrawal Act of 1999 (Public Law
106–65; 113 Stat. 887) is amended by adding at the end the
following new subparagraph:
‘‘(G) INTERAGENCY COMMITTEE.—
‘‘(i) IN GENERAL.—The Secretary of the Interior
and the Secretary of the Air Force shall jointly establish an interagency committee (referred to in this
subparagraph as the ‘interagency committee’) to facilitate coordination, manage public access needs and
requirements, and minimize potential conflict between
the Department of the Interior and the Department
of the Air Force with respect to joint operating areas
within the Desert National Wildlife Refuge.
‘‘(ii) MEMBERSHIP.—The interagency committee
shall include only the following members:
‘‘(I) Representatives from the United States
Fish and Wildlife Service.
‘‘(II) Representatives from the Department of
the Air Force.
‘‘(III) The Project Leader of the Desert
National Wildlife Refuge Complex.
‘‘(IV) The Commander of the Nevada Test and
Training Range, Nellis Air Force Base.
‘‘(iii) REPORT TO CONGRESS.—The interagency committee shall biannually submit to the Committees on
Armed Services, Environment and Public Works, and
Energy and Natural Resources of the Senate and the
Committees on Armed Services and Natural Resources
of the House of Representatives, and make available
publicly online, a report on the activities of the interagency committee.’’.

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Establishment.

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Memorandum.

Recommendations.

Appointment.

Determination.

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Determination.

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(2) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—Such
section is further amended by adding at the end the following
new subparagraph:
‘‘(H) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—
‘‘(i) ESTABLISHMENT.—The Secretary of the Interior
and the Secretary of the Air Force shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this
subparagraph as the ‘executive committee’) in accordance with this subparagraph.
‘‘(ii) PURPOSE.—The executive committee shall be
established for the purposes of—
‘‘(I) exchanging views, information, and advice
relating to the management of the natural and
cultural resources of the lands withdrawn and
reserved by this section; and
‘‘(II) discussing and making recommendations
to the interagency committee established under
subparagraph (G) with respect to public access
needs and requirements.
‘‘(iii) COMPOSITION.—The executive committee shall
comprise the following members:
‘‘(I) FEDERAL AGENCIES.—The Secretary of the
Interior and the Secretary of the Air Force shall
each appoint 1 representative from an interested
Federal agency.
‘‘(II) STATE GOVERNMENT.—The Secretary of
the Interior and the Secretary of the Air Force
shall jointly invite 1 representative of the Nevada
Department of Wildlife.
‘‘(III) LOCAL GOVERNMENTS.—The Secretary of
the Interior and the Secretary of the Air Force
shall jointly invite 1 county commissioner of each
of Clark, Nye, and Lincoln Counties, Nevada.
‘‘(IV) TRIBAL GOVERNMENTS.—The Secretary of
the Interior and the Secretary of the Air Force
shall jointly invite 1 representative of each Indian
tribe in the vicinity of the portions of the joint
use area of the Desert National Wildlife Refuge
where the Secretary of the Interior exercises primary jurisdiction.
‘‘(V) PUBLIC.—The Secretary of the Interior
and the Secretary of the Air Force shall jointly
invite not more than 3 private individuals who
the Secretary of the Interior and the Secretary
of the Air Force jointly determine would further
the goals and objectives of the executive committee.
‘‘(VI) ADDITIONAL MEMBERS.—The Secretary of
the Interior and the Secretary of the Air Force
may designate such additional members as the
Secretary of the Interior and the Secretary of the
Air Force jointly determine to be appropriate.
‘‘(iv) OPERATION.—The executive committee shall
operate in accordance with the terms set forth in the
memorandum of understanding under clause (i), which
shall specify the officials or other individuals to be

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134 STAT. 4353

invited to participate in the executive committee in
accordance with clause (iii).
‘‘(v) PROCEDURES.—Subject to clauses (vi) and (vii),
the memorandum of understanding under clause (i)
shall establish procedures for—
‘‘(I) creating a forum for carrying out the purpose described in clause (ii);
‘‘(II) rotating the Chairperson of the executive
committee; and
‘‘(III) scheduling regular meetings.
‘‘(vi) CHAIRPERSON AND VICE CHAIRPERSON.—
‘‘(I) IN GENERAL.—The members of the executive committee shall elect from among the members—
‘‘(aa) 1 member to serve as the Chairperson of the executive committee; and
‘‘(bb) 1 member to serve as the Vice Chairperson of the executive committee.
‘‘(II) DUTIES.—The duties of each of the Chairperson and the Vice Chairperson shall be included
in the memorandum of understanding under clause
(i).
‘‘(vii) MEETINGS.—
‘‘(I) FREQUENCY.—The executive committee
shall meet not less frequently than 3 times each
calendar year.
‘‘(II) MEETING LOCATIONS.—Locations of
meetings of the executive committee shall rotate
to facilitate ease of access for all executive committee members.
‘‘(III) PUBLIC ACCESSIBILITY.—Meetings of the
executive committee shall—
‘‘(aa) be open to the public; and
‘‘(bb) provide a forum for the public to
provide comment regarding the management
of, and public access to, the Nevada Test and
Training Range and the Desert National Wildlife Refuge.
‘‘(viii) CONDITIONS AND TERMS OF APPOINTMENT.—
‘‘(I) IN GENERAL.—Each member of the executive committee shall serve voluntarily and without
compensation.
‘‘(II) TERM OF APPOINTMENT.—
‘‘(aa) IN GENERAL.—Each member of the
executive committee shall be appointed for a
term of 4 years.
‘‘(bb)
ORIGINAL
MEMBERS.—Notwithstanding item (aa), the Secretary of the
Interior and the Secretary of the Air Force
shall select—
‘‘(AA) 1⁄2 of the original members of
the executive committee to serve for a
term of 4 years; and
‘‘(BB) 1⁄2 of the original members of
the executive committee to serve for a
term of 2 years.

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‘‘(III) REAPPOINTMENT AND REPLACEMENT.—
The Secretary of the Interior and the Secretary
of the Air Force may reappoint or replace a
member of the executive committee if—
‘‘(aa) the term of the member has expired;
‘‘(bb) the member has resigned; or
‘‘(cc) the position held by the member has
changed to the extent that the ability of the
member to represent the group or entity that
the member represents has been significantly
affected.
‘‘(ix) LIAISONS.—The Secretary of the Air Force
and the Secretary of the Interior shall each appoint
appropriate operational and land management personnel of the Department of the Air Force and the
Department of the Interior, respectively, to participate
in, and serve as liaisons to, the executive committee.’’.

Appointments.

Subtitle F—Asia-Pacific and Indo-Pacific
Issues
SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIREMENT FOR
INTERAGENCY COORDINATION GROUP OF INSPECTORS
GENERAL FOR GUAM REALIGNMENT.

Section 2835(e)(1) of the Military Construction Authorization
Act for Fiscal Year 2010 (division B of Public Law 111–84; 10
U.S.C. 2687 note) is amended—
(1) in the paragraph heading, by striking ‘‘ANNUAL’’ and
inserting ‘‘BIENNIAL’’; and
(2) in the matter preceding subparagraph (A)—
(A) by striking ‘‘February 1 of each year’’ and inserting
‘‘February 1, 2022, and every second February 1 thereafter’’;
(B) by striking ‘‘fiscal year’’ and inserting ‘‘two fiscal
years’’;
(C) by striking ‘‘such year’’ and inserting ‘‘such years’’;
and
(D) by striking ‘‘the year’’ and inserting ‘‘the years’’.
SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN CONNECTION
WITH REALIGNMENT OF MARINE CORPS FORCES IN ASIAPACIFIC REGION.

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Guam.

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Notwithstanding section 2821(b) of the Military Construction
Authorization Act for Fiscal Year 2015 (division B of Public Law
113–291; 10 U.S.C. 2687 note), the Secretary of Defense may proceed with the public infrastructure project on Guam intended to
provide a new public health laboratory, as identified in the report
prepared by the Secretary of Defense under section 2822(d)(2) of
the Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113–66; 127 Stat. 1017) and entitled
‘‘Economic Adjustment Committee Implementation Plan Supporting
the Preferred Alternative for the Relocation of Marine Corps Forces
to Guam’’, subject to the availability of funds for the project.

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SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE
TO SUPPORT ROTATIONAL ARMED FORCES IN AUSTRALIA.

(a) MASTER PLAN REQUIRED.—The Secretary of Defense shall
develop a master plan for the construction of infrastructure required
to support the rotational presence of units and members the United
States Armed Forces in the Northern Territory of the Commonwealth of Australia (in this section referred to as the ‘‘Northern
Territory’’).
(b) MASTER PLAN ELEMENTS.—The master plan shall include
the following:
(1) A list and description of the scope, cost, and schedule
for each military construction, repair, or other infrastructure
project carried out at installations or training areas in the
Northern Territory since October 1, 2011.
(2) A list and description of the scope, cost, and schedule
for each military construction, repair, or other infrastructure
project anticipated to be necessary at installations or training
areas in the Northern Territory during the 10-year period beginning on the date of the enactment of this Act.
(3) For each project included in the master plan pursuant
to paragraph (1) or (2), an explanation of—
(A) whether the proponent of the project was the Secretary of a military department, a combat support agency,
a combatant command, or the Commonwealth of Australia;
and
(B) the funding source, or anticipated resource sponsor,
for the project, including whether the project is funded
by the United States, by the Commonwealth of Australia,
or jointly by both countries.
(4) Such other issues as determined by the Secretary of
Defense to be appropriate.
(c) COORDINATION.—The Secretary of Defense shall coordinate
with the Commander of United States Indo-Pacific Command and
the Secretaries of the military departments to develop the master
plan.
(d) REPORT REQUIREMENT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report containing
a copy of the master plan. The report shall be submitted in unclassified form, but may include a classified annex.

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SEC. 2854. BULK FUEL MANAGEMENT IN UNITED STATES INDO-PACIFIC
COMMAND AREA OF RESPONSIBILITY.

Lists.

Classified
information.
10 USC 2922
note.

(a) DESIGNATION OF RESPONSIBLE ORGANIZATIONAL ELEMENT.—
(1) DESIGNATION REQUIRED.—The Secretary of Defense
shall designate a single organizational element of the Department of Defense to be responsible for bulk fuel management
and delivery throughout the United States Indo-Pacific Command Area of Responsibility.
(2) DEADLINE FOR DESIGNATION; NOTICE.—Not later than
30 days after the date of the enactment of this Act, the Secretary of Defense shall make the designation required by paragraph (1) and notify the Committees on Armed Services of
the Senate and the House of Representatives of the organizational element so designated.
(b) BULK FUEL MANAGEMENT STRATEGY.—

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(1) STRATEGY REQUIRED.—The organizational element designated pursuant to subsection (a) shall prepare a bulk fuel
management strategy for the United States Indo-Pacific Command Area of Responsibility designed to develop the required
bulk fuel management infrastructure and programs to optimally
support bulk fuel management in the United States Indo-Pacific
Command Area of Responsibility.
(2) ADDITIONAL ELEMENTS.—The strategy shall include the
following additional elements:
(A) A description of current organizational responsibility of bulk fuel management in the United States IndoPacific Command Area of Responsibility from ordering,
storage, strategic transportation, and tactical transportation to the last tactical mile.
(B) A description of legacy bulk fuel management
assets that can be used to support the United States IndoPacific Command.
(C) A description of current programs for platforms
and weapon systems and research and development aimed
at managing fuel constraints through decreasing demand.
(c) COORDINATION.—The bulk fuel management strategy
required by subsection (b) shall be prepared in coordination with
subject-matter experts of the United States Indo-Pacific Command,
the United States Transportation Command, the Defense Logistics
Agency, and the military departments.
(d) PROHIBITION ON CERTAIN CONSTRUCTION PENDING
NOTICE.—Of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Navy
for construction related to additional bulk fuel storage in the United
States Indo-Pacific Command Area of Responsibility, not more than
50 percent may be obligated or expended before the date on which
the notice required by subsection (a)(2) is submitted.

Subtitle G—Authorized Pilot Programs

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SEC. 2861. PILOT PROGRAM TO AUTHORIZE USE OF COST SAVINGS
REALIZED
FROM
INTERGOVERNMENTAL
SERVICES
AGREEMENTS FOR INSTALLATION-SUPPORT SERVICES.

(a) PILOT PROGRAM REQUIRED.—Section 2679 of title 10, United
States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection (e):
‘‘(e) PILOT PROGRAM FOR USE OF COST SAVINGS REALIZED.—
(1) Each Secretary concerned shall conduct a pilot program under
which the Secretary will make available to the commander of each
military installation for which cost savings are realized as a result
of an intergovernmental support agreement entered into under
this section an amount equal to not less than 25 percent of the
amount of such cost savings for that military installation for a
fiscal year.
‘‘(2) Amounts made available to an installation commander
under paragraph (1) shall be used solely to address sustainment
restoration and modernization requirements that have been
approved by the major subordinate command or equivalent component.

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‘‘(3) With respect to each military installation for which
amounts are made available to the installation commander under
paragraph (1), the Secretary concerned shall certify, not less frequently than annually for each fiscal year of the pilot program,
to the congressional defense committees the following:
‘‘(A) The name of the installation and the amount of the
cost savings achieved at the installation.
‘‘(B) The source and type of intergovernmental support
agreement that achieved the cost savings.
‘‘(C) The amount of the cost savings made available to
the installation commander under paragraph (1).
‘‘(D) The sustainment restoration and modernization purposes for which the amount made available under paragraph
(1) were used.
‘‘(4) The authority to conduct the pilot program shall expire
September 30, 2025.’’.
(b) PROMULGATION OF GUIDANCE.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall promulgate guidance for the development of the pilot program
required by subsection (e) of section 2679 of title 10, United States
Code, as added by subsection (a).

Certification.

Expiration date.
Deadline.
10 USC 2679
note.

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SEC. 2862. DEPARTMENT OF DEFENSE PILOT PROGRAM TO EVALUATE
EXPANSION OF LAND EXCHANGE AUTHORITY.

(a) PILOT PROGRAM REQUIRED.—Section 2869(a) of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(3)(A) The Secretary of Defense shall establish a pilot program
under which the Secretary concerned, during the term of the pilot
program, may use the authority provided by paragraph (1) to also
convey real property, including any improvements thereon,
described in paragraph (2) to any person who agrees, in exchange
for the real property, to provide—
‘‘(i) installation-support services (as defined in 2679(e) of
this title); or
‘‘(ii) a new facility or improvements to an existing facility.
‘‘(B) The acquisition of a facility or improvements to an existing
facility using the authority provided by subparagraph (A) shall
not be treated as a military construction project for which an
authorization is required by section 2802 of this title.
‘‘(C) The expanded conveyance authority provided by subparagraph (A) applies only during the five-year period beginning on
the date on which the Secretary of Defense issues guidance
regarding the use by the Secretaries concerned of such authority.’’.
(b) CONDITIONS ON USE OF EXPANDED CONVEYANCE
AUTHORITY.—Section 2869(b) of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘of the land to
be’’ and inserting ‘‘of the real property, installation-support
services, or facility or improvements to an existing facility’’;
and
(B) in the second sentence, by striking ‘‘of the land
is less than the fair market value of the real property
to be conveyed’’ and inserting ‘‘of the real property conveyed
by the Secretary concerned exceeds the fair market value

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134 STAT. 4358

Determination.

Deadline.
10 USC 2869
note.

SEC. 2863. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY CONSTRUCTION PRIORITIES.

Evaluation.

(a) PILOT PROGRAM.—The Secretary of Defense shall conduct
a pilot program to evaluate the usefulness of reserving a portion
of the military construction funds of the military departments to
help the combatant commands satisfy their military construction
priorities in a timely manner.
(b) LOCATION.—The Secretary of Defense shall conduct the pilot
program for the benefit of the United States Indo-Pacific Command
in the area of responsibility of the United States Indo-Pacific Command.
(c) REQUIRED INVESTMENT.—For each fiscal year during which
the pilot program is conducted, the Secretary of Defense shall
reserve to carry out military construction projects under the pilot
program an amount equal to 10 percent of the total amount authorized to be appropriated for military construction projects by titles
XXI, XXII, and XXIII of the Military Construction Authorization
Act for that fiscal year.
(d) COMMENCEMENT AND DURATION.—
(1) COMMENCEMENT.—The Secretary of Defense shall commence the pilot program no later than October 1, 2023. The
Secretary may commence the pilot program as early as October
1, 2022, if the Secretary determines that compliance with the
reservation of funds requirement under subsection (c) is practicable beginning with fiscal year 2023.
(2) DURATION.—The pilot program shall be in effect for
the fiscal year in which the Secretary commences the pilot
program, as described in paragraph (1), and the subsequent
two fiscal years. Any construction commenced under the pilot
program before the expiration date may continue to completion.
(e) PROGRESS REPORT.—Not later than February 15 of the final
fiscal year of the pilot program, the Secretary of Defense shall
submit to the congressional defense committees a report evaluating
the success of the pilot program in improving the timeliness of
the United States Indo-Pacific Command in achieving its military
construction priorities. The Secretary shall include in the report—
(1) an evaluation of the likely positive and negative impacts
were the pilot program extended or made permanent and, if

Evaluations.

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of the real property, installation-support services, or facility
or improvements received by the Secretary’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) The Secretary concerned may agree to accept a facility
or improvements to an existing facility under subsection (a)(3) only
if the Secretary concerned determines that the facility or improvements—
‘‘(A) are completed and usable, fully functional, and ready
for occupancy;
‘‘(B) satisfy all operational requirements; and
‘‘(C) meet all Federal, State, and local requirements
applicable to the facility relating to health, safety, and the
environment.’’.
(c) ISSUANCE OF GUIDANCE.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall issue guidance providing for the implementation of the pilot
program required by section 2869(a)(3) of title 10, United States
Code, as added by this section.

10 USC 2801
note.

Deadline.
Determination.

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extended or made permanent, the likely positive and negative
impacts of expansion to cover all or additional combatant commands; and
(2) the recommendations of the Secretary regarding
whether the pilot program should be extended or made permanent and expanded.

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Recommendations.

SEC. 2864. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL
GENERATORS IN A MICROGRID CONFIGURATION AT CERTAIN MILITARY INSTALLATIONS.

10 USC 2911
note.

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense
may conduct a pilot program (to be known as the ‘‘Emergency
Diesel Generator Microgrid Program’’) to evaluate the feasibility
and cost effectiveness of connecting existing diesel generators at
a military installation selected pursuant to subsection (c) to create
and support one or more microgrid configurations at the installation
capable of providing full-scale electrical power for the defense critical facilities located at the installation during an emergency
involving the loss of external electric power supply caused by an
extreme weather condition, manmade intentional infrastructure
damage, or other circumstance.
(b) GOALS OF PILOT PROGRAM.—The goals of the Emergency
Diesel Generator Microgrid Program are—
(1) to test assumptions about lower operating and maintenance costs, parts interchangeability, lower emissions, lower
fuel usage, increased resiliency, increased reliability, and
reduced need for emergency diesel generators; and
(2) to establish design criteria that could be used to build
and sustain emergency diesel generator microgrids at other
military installations.
(c) PILOT PROGRAM LOCATIONS.—As the locations to conduct
the Emergency Diesel Generator Microgrid Program, the Secretary
of Defense shall select two major military installations located
in different geographical regions of the United States that the
Secretary determines—
(1) are defense critical electric infrastructure sites or contain, or are served by, defense critical electric infrastructure;
(2) contain more than one defense critical function for
national defense purposes and the mission assurance of such
critical defense facilities are paramount to maintaining national
defense and force projection capabilities at all times; and
(3) face unique electric energy supply, delivery, and distribution challenges that, based on the geographic location of
the installations and the overall physical size of the installations, adversely impact rapid electric infrastructure restoration
after an interruption.
(d) SPECIFICATIONS OF DIESEL GENERATORS AND MICROGRID.—
(1) GENERATOR SPECIFICATIONS.—The Secretary of Defense
shall use existing diesel generators that are sized >/= 750kW
output.
(2) MICROGRID SPECIFICATIONS.—The Secretary of Defense
shall create the microgrid using commercially available and
proven designs and technologies. The existing diesel generators
used for the microgrid should be spaced within 1.0 to 1.5
mile of each other and, using a dedicated underground electric
cable network, be tied into a microgrid configuration sufficient
to supply mission critical facilities within the service area of

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Determination.

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the microgrid. A selected military installation may contain more
than one such microgrid under the Emergency Diesel Generator
Microgrid Program.
(e) PROGRAM AUTHORITIES.—The Secretary of Defense may use
the authority under section 2914 of title 10, United States Code
(known as the Energy Resilience and Conservation Investment Program), and energy savings performance contracts to conduct the
Emergency Diesel Generator Microgrid Program.
(f) DEFINITIONS.—For purposes of the Emergency Diesel Generator Microgrid Program:
(1) The term ‘‘defense critical electric infrastructure’’ has
the meaning given that term in section 215A of the Federal
Power Act (16 U.S.C. 824o–1).
(2) The term ‘‘energy savings performance contract’’ has
the meaning given that term in section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
(3) The term ‘‘existing diesel generators’’ means diesel
generators located, as of the date of the enactment of this
Act, at a major military installation selected as a location
for the Emergency Diesel Generator Microgrid Program and
intended for emergency use.
(4) The term ‘‘major military installation’’ has the meaning
given that term in section 2864 of title 10, United States
Code.

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10 USC 2802
note.

SEC. 2865. PILOT PROGRAM TO AUTHORIZE ADDITIONAL MILITARY
CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT
CENTERS AT MILITARY INSTALLATIONS.

(a) AUTHORIZATION OF ADDITIONAL PROJECTS.—Each Secretary
of a military department shall conduct a pilot program under which
the Secretary may carry out military construction projects for child
development centers at military installations, as specified in the
funding table in section 4601 of a National Defense Authorization
Act for a fiscal year covered by the pilot program. The military
construction projects authorized under the pilot program are in
addition to other military construction projects authorized by this
Act or other National Defense Authorization Acts for fiscal years
covered by the pilot program.
(b) REPORTING REQUIREMENT AS CONDITION OF AUTHORIZATION.—
(1) REPORT REQUIRED.—Not later than 90 days after the
date of the enactment of a National Defense Authorization
Act for a fiscal year covered by the pilot program, the Secretary
of the military department concerned shall submit to the
congressional defense committees a report that describes the
location, title, and cost, together with a Department of Defense
Form 1391, for each military construction project the Secretary
proposes to carry out under the pilot program pursuant to
that National Defense Authorization Act.
(2) TIMING OF AVAILABILITY OF FUNDS.—No funds may be
obligated or expended for a military construction project under
the pilot program—
(A) unless the project is included in a report submitted
under paragraph (1); and
(B) until the expiration of the 30-day period beginning
on the date on which the Secretary concerned submits

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the report under paragraph (1) in which the project is
included.
(c) EXPIRATION OF AUTHORIZATION.—Section 2002 of a National
Defense Authorization Act for a fiscal year covered by the pilot
program shall apply with respect to the authorization of a military
construction project carried out under the pilot program pursuant
to that National Defense Authorization Act in the same manner
as such section applies to the authorization of military construction
projects contained in titles XXI through XXIII of that National
Defense Authorization Act.
(d) COVERED FISCAL YEARS.—The pilot program shall be carried
out for each of fiscal years 2021 through 2025, as provided in
the National Defense Authorization Act for that fiscal year.

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SEC. 2866. DEPARTMENT OF THE ARMY PILOT PROGRAM FOR
DEVELOPMENT AND USE OF ONLINE REAL ESTATE INVENTORY TOOL.

(a) PILOT PROGRAM REQUIRED.—
(1) ESTABLISHMENT.—The Secretary of the Army shall
establish a pilot program for the development of an online
real estate tool to identify the existing inventory of space available at the Army installations selected by the Secretary under
paragraph (2) for the purposes specified in subsection (b).
(2) SELECTION OF PILOT LOCATIONS.—The Secretary shall
evaluate the online inventory tool at not less than five, but
not more than 10, Army installations selected by the Secretary
as appropriate locations for evaluation of the online inventory
tool.
(3) CONSULTATION.—The Secretary shall establish the pilot
program and develop the online inventory tool in consultation
with the Administrator of General Services and the Assistant
Secretary of Defense for Sustainment.
(b) PURPOSES.—The purposes of the online inventory tool are—
(1) to achieve efficiencies in real estate property management consistent with the National Defense Strategy goal of
finding greater efficiencies within Department of Defense operations;
(2) to provide a means to better market to the public
information regarding space available at Army installations
for better utilization of such space; and
(3) to provide a means to better quantify existing space
available at Army installations and how it is utilized for current
missions and requirements.
(c) CONSIDERATIONS.—To establish the pilot program, the Secretary of the Army shall—
(1) consider innovative approaches, including the use of
other transaction authorities consistent with section 2371 of
title 10, United States Code, and the use of commercial offthe-shelf technologies;
(2) develop appropriate protections of sensitive or classified
information from being included with the online inventory tool;
and
(3) develop appropriate levels of access for private sector
users of the online inventory tool.
(d) ESTABLISHMENT OF USE POLICY.—In connection with the
development of the online inventory tool, the Secretary of the Army
shall develop policy requiring the use of the online inventory tool

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Applicability.

10 USC 7771
note prec.

Evaluation.

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134 STAT. 4362

Certification.

Evaluations.

Recommendations.
Expiration date.

PUBLIC LAW 116–283—JAN. 1, 2021

at the Army installations selected under subsection (a)(2) to query
for existing inventory at such installations before any military
construction or off-post leases are agreed to for such installations.
The Secretary shall ensure that all relevant notifications to congressional defense committees include certification that the online
inventory tool was used.
(e) ONLINE INVENTORY TOOL DEFINED.—In this section, the
term ‘‘online inventory tool’’ means the online real estate tool developed under the pilot program to identify existing inventory of space
available at Army installations selected to participate in the pilot
program.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to effect the application of title V of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
(g) REPORTING REQUIREMENT.—Not later than February 15,
2025, the Secretary of the Army shall submit to Committees on
Armed Services of the Senate and the House of Representatives
a report evaluating the success of the pilot program in achieving
the purposes specified in subsection (b). At a minimum, the report
also shall identify and contain the following:
(1) The Army installations selected under subsection (a)(2)
to participate in the pilot program.
(2) The number of real estate agreements entered into
by the Department of the Army that were facilitated by use
of the online inventory tool, including for each agreement the
installation, amount of space, value, and purpose of the agreement.
(3) An evaluation of the extent to which use of the online
inventory tool reduced the need for military construction or
off-post leases.
(4) An evaluation of any impediments to efficient use of
the online inventory tool.
(5) The recommendations of the Secretary regarding
whether the pilot program should be extended, expanded, or
made permanent.
(h) DURATION.—The authority of the Secretary of the Army
to conduct the pilot program shall expire on September 30, 2025.

Subtitle H—Miscellaneous Studies and
Reports

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SEC. 2871. REPORTS REGARDING DECISION-MAKING PROCESS USED
TO LOCATE OR RELOCATE MAJOR HEADQUARTERS AND
CERTAIN MILITARY UNITS AND WEAPON SYSTEMS.

(a) ONE-TIME REPORT ON DECISION-MAKING PROCESS.—
(1) REPORT REQUIRED.—Not later than March 1, 2021, each
Secretary of a military department (and the Secretary of
Defense with respect to matters concerning the Defense Agencies and the Joint Staff) shall submit a report to the Committees
on Armed Services of the House of Representatives and the
Senate regarding the process to be used by the Secretary concerned to make basing decisions for each Armed Force under
the jurisdiction of the Secretary concerned in the following
circumstances:
(A) Whenever a military installation is to be selected
to serve as the first permanent location for a new major

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134 STAT. 4363

headquarters, covered military unit, or major weapon
system.
(B) Whenever a permanent change is considered in
the basing of a major headquarters, covered military unit,
or major weapon system by relocating the major headquarters, covered military unit, or major weapon system
from its current military installation to a different military
installation.
(2) ELEMENTS OF REPORT.—The report submitted by the
Secretary concerned under paragraph (1) shall include at a
minimum the following:
(A) A description of the decision-making process to
be used by that Secretary for basing decisions covered
under subparagraph (A) and (B) of such paragraph.
(B) A timeline for the scenarios outlined in such subparagraphs, including the decision authority for each decision to be made during the decision-making process.
(C) The congressional engagement plan to be used
to notify the Committees on Armed Services of the House
of Representatives and the Senate and interested Members
of Congress at key points throughout the decision-making
process.
(D) The plan for implementing the requirements of
section 483 of title 10, United States Code, as added by
subsection (b).
(3) DEFINITIONS.—The definitions contained in section 483
of title 10, United States Code, as added by subsection (b),
apply to this subsection.
(b) CONGRESSIONAL NOTIFICATIONS REQUIRED RELATED TO
BASING DECISION-MAKING PROCESS.—Chapter 23 of title 10, United
States Code, is amended by inserting after section 482 the following
new section:

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‘‘§ 483.

Notifications related to basing decision-making
process
‘‘(a) NOTIFICATION REQUIRED.—At each point in the decisionmaking process specified in subsection (b), the Secretary concerned
shall notify the congressional defense committees of the decisionmaking process to be used or the decision-making process used,
whichever applies—
‘‘(1) to select a military installation to serve as the first
permanent location for a new major headquarters, covered military unit, or major weapon system; or
‘‘(2) to make a permanent change in the basing of a major
headquarters, covered military unit, or major weapon system
by relocating the major headquarters, covered military unit,
or major weapon system from its current military installation
to a different military installation.
‘‘(b) DEADLINES FOR SUBMISSION OF NOTICE.—The Secretary
concerned shall provide the notice required by subsection (a) within
seven days after each of the following decision points during the
decision-making process:
‘‘(1) When the Secretary concerned issues any formal
internal guidance to begin the decision-making process
regarding the location or relocation of a major headquarters,
covered military unit, or major weapon system.

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Plans.

Timeline.

Notification.

10 USC 483.
Applicability.

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Applicability.

Summary.
Applicability.

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Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(2) When the Secretary concerned selects between two
and five military installations as the most likely candidate
locations for a major headquarters, covered military unit, or
major weapon system in order to subject those installations
to additional analysis.
‘‘(3) When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system.
‘‘(c) REQUIRED ELEMENTS OF NOTIFICATION.—In a notice
required by subsection (a), the Secretary concerned shall include
at a minimum the following:
‘‘(1) A description of the manner in which the joint and
all-domain training capabilities at each candidate location, if
applicable to the type of basing decision-making process at
issue, will be or was, whichever applies, comparatively analyzed
among candidate military installations, separate from and in
addition to the mission criteria to be used or that was used
to make the basing decision.
‘‘(2) A description of the manner in which the airspace
and training areas available at each candidate location, if
applicable to the type of basing decision-making process at
issue, will be or was, whichever applies, comparatively analyzed
among candidate military installations, separate from and in
addition to the mission criteria to be used or that was used
to make the basing decision.
‘‘(3) A description of the manner in which community support for the basing decision-making process described in subsection (a) will be or was, whichever applies, comparatively
analyzed among candidate military installations, including consultation with appropriate State officials and officials of units
of local government in which each installation is located
regarding matters affecting the local community, such as
transportation, utility infrastructure, housing, education, and
family support activities. In any case in which the Secretary
concerned selects as the preferred location a military installation with less community support compared to other locations,
as indicated by such a comparative analysis, an explanation
of the operational considerations that formed the basis for
such selection.
‘‘(4) An explanation of how each candidate location will
be or was, whichever applies, scored against the factors referred
to in the preceding paragraphs, including the weight assigned
to each factor.
‘‘(5) A summary of any internal score cards that will be
or were, whichever applies, used to make the basing decision.
‘‘(d) NOTICE AND WAIT REQUIREMENTS.—No irrevocable action
may be taken to effect or implement a basing decision reached
through the decision-making process described in subsection (a)
until the end of the 14-day period beginning on the date on which
the Secretary concerned submits, in an electronic medium pursuant
to section 480 of this title, the notice referred to in subsection
(b)(3) regarding a preferred location for the major headquarters,
covered military unit, or major weapon system.
‘‘(e) ANNUAL REPORTING REQUIREMENT.—
‘‘(1) REPORT REQUIRED.—Not later than 10 days after the
date on which the budget request for a fiscal year is submitted

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134 STAT. 4365

to Congress under section 1105 of title 31, the Secretary concerned shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report providing the following:
‘‘(A) An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal
years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.
‘‘(B) A list and description of anticipated basing
decisions to be made regarding the location or relocation
of a major headquarters, covered military unit, or major
weapon system over the period covered by the future-years
defense plan.
‘‘(C) A timeline for a congressional engagement plan
to brief the Committees on Armed Services of the House
of Representatives and the Senate during the decisionmaking process and when decision notifications would be
provided to interested Members of Congress.
‘‘(2) ELEMENTS OF REPORT.—To satisfy the requirements
of paragraph (1)(B), a report under this subsection shall include
at a minimum the following:
‘‘(A) An estimate of the number of members of the
armed forces and civilian personnel potentially impacted
by the basing decision.
‘‘(B) The locations to be considered, if already known.
‘‘(C) The expected timeline for beginning the decisionmaking process and reaching a final determination.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered military unit’ means a unit of the
armed forces whose initial assignment to a military installation
or relocation from a military installation to a different military
installation requires the preparation of an environmental
impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(2) The term ‘major headquarters’ means the headquarters
of a military unit or command that is the appropriate command
of a general officer or flag officer.
‘‘(3) The term ‘major weapon system’ means a weapon
system that is treatable as a major system under section
2302(5) of title.
‘‘(4) The term ‘military installation’ means a base, camp,
post, station, yard, center, homeport facility for any ship, or
other activity under the jurisdiction of the Department of
Defense, including any leased facility, which is located within
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
or Guam. Such term does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control
projects.
‘‘(5) The term ‘Secretary concerned’ means—
‘‘(A) the Secretary of the military department concerned; and
‘‘(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and the Joint Staff.’’.

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Update.

List.

Timeline.

Estimate.

Timeline.
Determination.

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10 USC 480 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of title 10, United States Code, is amended
by inserting after the item relating to section 482 the following
new item:
‘‘483. Notifications related to basing decision-making process.’’.
SEC. 2872. REPORT ON EFFECT OF NOISE RESTRICTIONS ON MILITARY
INSTALLATIONS AND OPERATIONS AND DEVELOPMENT
AND IMPLEMENTATION OF NOISE MITIGATION MEASURES.

(a) REPORT REQUIREMENT.—Not later than July 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report describing—
(1) the types and extent of noise restrictions impacting
military installations inside the United States, including outlying landing fields and training ranges;
(2) the effect of such noise restrictions on the operational
readiness and efficiency of aviation units stationed at or using
the military installations;
(3) the voluntary noise mitigation measures, encroachment
management measures, and community relations initiatives
used by the military departments to prevent or lessen the
need for noise restrictions; and
(4) the progress being made to develop and implement
additional cost-effective technological measures to mitigate
noise emanating from operations at military installations and
to prevent or lessen the need for noise restrictions.
(b) CONSULTATION.—The Secretary of Defense shall prepare
the report in consultation with the Secretaries of the military
departments.
SEC. 2873. STUDY AND REPORT REGARDING CONTINUED NEED FOR
PROTECTED AIRCRAFT SHELTERS IN EUROPE AND
STATUS OF UNITED STATES AIR BASE RESILIENCY IN
EUROPE.

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Consultation.
Determination.

Classified
information.

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(a) STUDY REQUIRED.—The Secretary of Defense, in consultation
with the United States European Command, shall conduct a study
to determine the following:
(1) The continued need for protected aircraft shelters in
Europe utilized by the United States Armed Forces.
(2) The feasibility of providing alternative protections
against attack for United States military aircraft based in
Europe that would be as effective as, or more effective than,
protected aircraft shelters against attack.
(3) The current resiliency status of air bases in Europe
under the operational control of the Department of Defense
or a military department and utilized by the United States
Armed Forces.
(4) The effect of the proposed demotion of protected aircraft
shelters in Europe on the resiliency of such air bases in Europe.
(b) REPORT REQUIREMENT.—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 containing
the results of the study required by subsection (a). The report
shall be submitted in unclassified form, but may include a classified
annex.

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134 STAT. 4367

(c) PROHIBITION ON CERTAIN ACTIVITIES PENDING STUDY.—Until
the study required by subsection (a) is submitted as provided in
subsection (b), funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 and funds authorized to be appropriated by a National Defense Authorization Act
or otherwise made available for fiscal year 2022 may not be obligated or expended to implement any activity that would have the
effect of—
(1) reducing the resiliency of any air base in Europe under
the operational control of the Department of Defense or a
military department and utilized by the United States Armed
Forces; or
(2) demolishing any protected aircraft shelter in Europe
utilized by the United States Armed Forces.
(d) WAIVER AND EXCEPTION.—The Secretary of Defense may
waive the prohibition in subsection (c)(2) and authorize the demolition of a protected aircraft shelter covered by the prohibition at
any time after the end of the 14-day period beginning on the
date on which the Secretary certifies to the congressional defense
committees, in an electronic medium pursuant to section 480 of
title 10, United States Code, that the protected aircraft shelter—
(1) is no longer needed to meet foreseeable threats to United
States military aircraft in the European theater; or
(2) is no longer a viable defensive measure to protect
against such foreseeable threats.

Time period.
Certification.

Subtitle I—Other Matters

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SEC. 2881. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON
SYSTEM SYNCHRONIZATION FOR GROUND BASED STRATEGIC DETERRENT.

(a) AUTHORIZATION FOR PLANNING AND DESIGN.—Of the
amounts authorized to be appropriated for planning and design,
Air Force, for fiscal year 2021, for the Ground Based Strategic
Deterrent, as specified in the funding table in section 4601, the
Secretary of the Air Force may use not more than $15,000,000
for the purpose of obtaining or carrying out necessary planning
and construction design in connection with military construction
projects and other infrastructure projects necessary to support the
development and fielding of the Ground Based Strategic Deterrent
weapon system.
(b) AIR FORCE PROJECT MANAGEMENT AND SUPERVISION.—Each
contract entered into by the United States for a military construction project or other infrastructure project in connection with the
development and fielding of the Ground Based Strategic Deterrence
weapon system shall be carried out under the direction and supervision of the Secretary of the Air Force. The Secretary may utilize
and consult with the Air Force Civil Engineer Center, the Army
Corps of Engineers, and the Naval Facilities Engineering Command
for subject matter expertise, contracting capacity, and other support
as determined to be necessary by the Secretary to carry out this
section.
(c) USE OF SINGLE PRIME CONTRACTOR.—The Secretary of the
Air Force may award contracts for planning and construction design
and for military construction projects and other infrastructure
projects authorized by law in connection with the development

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Certification.

Recommendation.

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Plan.

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and fielding of the Ground Based Strategic Deterrent weapon
system to a single prime contractor if the Secretary determines
that awarding the contracts to a single prime contractor—
(1) is in the best interest of the Government; and
(2) is necessary to ensure the proper synchronization and
execution of work related to the development and fielding of
the Ground Based Strategic Deterrent weapon system and its
associated military construction projects and other infrastructure projects.
(d) EXCEPTIONS TO CURRENT LAW.—The Secretary of the Air
Force may carry out this section without regard to the following
provisions of law:
(1) Section 2304 of title 10, United States Code.
(2) Section 2851(a) of such title.
(e) EXPIRATION OF AUTHORITY.—The authorities provided by
this section shall expire upon the earlier of the following:
(1) The date that is 15 years after the date of the enactment
of this Act.
(2) The date on which the Secretary of the Air Force submits to the congressional defense committees a certification
that the fielding of the Ground Based Strategic Deterrent
weapon system is complete.
(f) REPORTING REQUIREMENTS.—
(1) INITIAL REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees
a report describing the actions taken and to be taken by the
Secretary to ensure that the development and fielding of the
Ground Based Strategic Deterrent weapon system is synchronized with its associated military construction projects and
other infrastructure projects.
(2) REPORT ELEMENTS.—The report required by paragraph
(1) shall contain, at minimum, the following elements:
(A) A description of the estimated total cost, scope
of work, location, and schedule for the planning and design,
military construction, and other infrastructure investments
necessary to support the development and fielding of the
Ground Based Strategic Deterrent weapon system.
(B) A recommendation regarding the methods by which
a programmatic military construction authorization,
authorization of appropriations, and appropriation, on an
installation-by-installation basis, could be used to support
the synchronized development and fielding of the Ground
Based Strategic Deterrent and its associated military
construction projects and other infrastructure projects.
(C) Identification of the specific provisions of law, if
any, that the Secretary determines may adversely impact
or delay the development and fielding of the Ground Based
Strategic Deterrent weapon system and its associated
construction projects and other infrastructure projects,
assuming, as described in subparagraph (B), the use of
a programmatic military construction authorization on an
installation-by-installation basis.
(D) A plan to ensure sufficient capability and capacity
to cover civilian and military manning for oversight and
contract management related to the development and
fielding of the Ground Based Strategic Deterrent weapon

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4369

system and its associated construction projects and other
infrastructure projects.
(3) UPDATES.—At the same time that the budget is submitted under section 1105(a) of title 31, United States Code,
for fiscal years 2023 through 2026, the Secretary of Defense
shall notify the congressional defense committees of any deviations made during the current or preceding fiscal year or
intended to be made during the current or next fiscal year
from the synchronization actions described in the report
required by paragraph (1), in particular the report elements
specified in paragraph (2).

Notification.

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SEC. 2882. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.

(a)
PRIORITIZATION
OF
COMMUNITY
INFRASTRUCTURE
PROJECTS.—Section 2391(d)(1) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(2) by striking ‘‘, if the Secretary determines that such
assistance will enhance the military value, resilience, or military family quality of life at such military installation’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) The Secretary shall establish criteria for the selection
of community infrastructure projects to receive assistance under
this subsection, including selection of community infrastructure
projects in the following order of priority:
‘‘(i) Projects that will enhance military value at a military
installation, taking into consideration the military value criteria
originally developed by the Secretary in compliance with the
amendment made by section 3002 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public
Law 107–107; 115 Stat. 1344).
‘‘(ii) Projects that will enhance military installation resilience, as defined in section 101(e)(8) of this title.
‘‘(iii) Projects that will enhance military family quality
of life at a military installation, taking into consideration subsection (e)(4)(C).’’.
(b) COST-SHARING REQUIREMENTS.—Paragraph (2) of section
2391(d) of title 10, United States Code, is amended to read as
follows:
‘‘(2)(A) The criteria established for the selection of community
infrastructure projects to receive assistance under this subsection
shall include a requirement that, except as provided in subparagraph (B), the State or local government agree to contribute not
less than 30 percent of the funding for the community infrastructure
project.
‘‘(B) If a proposed community infrastructure project will be
carried out in a rural area or the Secretary of Defense determines
that a proposed community infrastructure project is advantageous
for reasons related to national security, the Secretary—
‘‘(i) shall not penalize a State or local government for
offering to make a contribution of 30 percent or less of the
funding for the community infrastructure project; and
‘‘(ii) may reduce the requirement for a State or local government contribution to 30 percent or less or waive the costsharing requirement entirely.’’.
(c) SPECIFIED DURATION OF PROGRAM.—Section 2391(d)(4) of
title 10, United States Code, is amended by striking ‘‘upon the

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Criteria.

Determination.

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Determination.

10 USC 1781b
note.

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Determination.

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expiration of the 10-year period which begins on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2019’’ and inserting ‘‘on September 30, 2028’’.
(d) CLARIFICATION OF MILITARY FAMILY QUALITY OF LIFE CRITERIA.—Section 2391(e)(4) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
‘‘(C) For the purposes of determining whether proposed
community infrastructure will enhance quality of life, the Secretary of Defense shall consider the impact of the community
infrastructure on alleviating installation commuter workforce
issues and the benefit of schools or other local infrastructure
located off of a military installation that will support members
of the armed forces and their dependents residing in the
community.’’.
(e) DEFINITION OF RURAL AREA REVISED.—Section 2391(e)(5)
of title 10, United States Code, is amended by striking ‘‘50,000
inhabitants’’ and inserting ‘‘100,000 inhabitants’’.
SEC. 2883. CONSIDERATION OF CERTAIN MILITARY FAMILY READINESS
ISSUES IN MAKING BASING DECISIONS ASSOCIATED WITH
CERTAIN MILITARY UNITS AND MAJOR HEADQUARTERS.

(a) TAKING INTO CONSIDERATION MILITARY FAMILY READINESS
ISSUES.—In determining whether to proceed with any basing decision associated with a covered military unit or major headquarters
in the United States after the date of the enactment of this Act,
the Secretary of the military department concerned shall take into
account, among such other factors as that Secretary considers appropriate, the military family readiness considerations specified in
this section, including those military family readiness considerations specified pursuant to subsection (e).
(b) INTERSTATE PORTABILITY OF LICENSURE AND CERTIFICATION
CREDENTIALS.—With regard to the State in which an installation
subject to a basing decision covered by subsection (a) is or will
be located, the Secretary of the military department concerned
shall take into account the extent to which the State—
(1) has entered into reciprocity agreements to recognize
and accept professional and occupational licensure and certification credentials granted by or in other States; or
(2) allows for the transfer of such licenses and certifications
granted by or in other States.
(c) HOUSING.—With regard to the military housing area in
which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which housing
(including military family housing) that meets Department of
Defense requirements is available and accessible to members of
the Armed Forces through the private sector in such military
housing area.
(d) HEALTH CARE.—With regard to the community in which
an installation subject to a basing decision covered by subsection
(a) is or will be located, the Secretary of the military department
concerned shall take into account the extent to which primary
healthcare and specialty healthcare is available and accessible to
dependents, including dependents with disabilities, of members of
the Armed Forces through the private sector in such local community.

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134 STAT. 4371

(e) OTHER SPECIFIED CONSIDERATIONS.—The Secretary of the
military department concerned shall take into account such other
considerations in connection with military family readiness as the
Secretary of Defense shall specify for purposes of compliance with
this section.
(f) SAVINGS CLAUSE.—Nothing in this section shall be construed
as requiring the Secretary of a military department to make a
basing decision covered by subsection (a) that the Secretary determines would diminish military readiness or impede military mission
for the purpose of military family readiness.
(g) ANALYTICAL FRAMEWORK.—The Secretary of the military
department concerned shall take into account the considerations
specified in this section, among such other factors as the Secretary
considers appropriate, in determining whether to proceed with a
basing decision covered by subsection (a) using an analytical framework developed by that Secretary that uses criteria based on—
(1) quantitative data available within the Department of
Defense; and
(2) such reliable quantitative data from sources outside
the Department as the Secretary considers appropriate.
(h) BASING DECISION SCORECARD.—
(1) SCORECARD REQUIRED.—The Secretary of the military
department concerned shall establish a scorecard for military
installations under the jurisdiction of such Secretary, and for
States and localities in which such installations are or may
be located, to facilitate taking into account the considerations
specified in this section whenever that Secretary makes a
basing decision covered by subsection (a).
(2) UPDATE.—The Secretary of the military department
concerned shall update the scorecard established by that Secretary under this subsection not less frequently than once each
year in order to keep the information in such scorecard as
current as is practicable.
(3) AVAILABILITY TO PUBLIC.—A current version of each
scorecard established under this subsection shall be available
to the public through an Internet website of the military department concerned that is accessible to the public.
(i) BRIEFINGS.—Not later than April 1 of each of 2021, 2022,
and 2023, the Secretary of Defense shall brief the Committees
on Armed Services of the Senate and the House of Representatives
on actions taken pursuant to this section, including a description
and assessment of the effect of the taking into account of the
considerations specified in this section on particular basing decisions
in the United States during the one-year period ending on the
date of the briefing.
(j) DEFINITIONS.—In this section:
(1) The term ‘‘covered military unit’’ means a unit of the
Armed Forces whose initial assignment to a military installation or relocation from a military installation to a different
military installation requires the preparation of an environmental impact statement in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The term ‘‘major headquarters’’ means the headquarters
of a unit of the Armed Forces or command that is the appropriate command of a general officer or flag officer.

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Data.
Determination.

Web posting.

Deadline.
Time periods.
Assessment.

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PUBLIC LAW 116–283—JAN. 1, 2021

10 USC 2672
note.

SEC. 2884. DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN
MILITARY COMMUNITIES OF DANGEROUS DOGS KEPT AS
PETS.

Deadline.

(a) POLICY REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
a uniform policy for the regulation of dangerous dogs kept as
pets in military communities.
(b) CONSULTATION.—The policy required by subsection (a) shall
be developed in consultation with professional veterinary and
animal behavior experts in regard to effective regulation of dangerous dogs kept as pets.
(c) REGULATIONS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe regulations implementing the policy established under
subsection (a).
(2) BEST PRACTICES.—The regulations prescribed under
paragraph (1) shall include strategies, for implementation
within all military communities, for the prevention of dog bites
that are consistent with the following best practices:
(A) Enforcement of regulations relating to dangerous
dogs kept as pets, with emphasis on identification of dangerous dog behavior and chronically irresponsible pet
owners.
(B) Enforcement of animal control regulations, such
as leash laws and stray animal control policies.
(C) Promotion and communication of resources for pet
spaying and neutering.
(D) Investment in community education initiatives,
such as teaching criteria for pet selection, pet care best
practices, owner responsibilities, and safe and appropriate
interaction with dogs.
(d) EXCLUSIONS.—This section does not apply with respect to
military working dogs and any dog certified as a service animal.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘dangerous dog’’ means a dog that—
(A) has attacked a person or another animal without
justification, causing injury or death to the person or
animal; or
(B) exhibits behavior that reasonably suggests the
likely risk of such an attack.
(2) The term ‘‘military communities’’ means—
(A) all military installations; and
(B) all military housing, including privatized military
housing under subchapter IV of chapter 169 of title 10,
United States Code.

Deadline.

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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.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4373

SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of the Navy may acquire real property and
carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following
table:
Navy: Outside the United States
Country

Installation

Amount

Spain ........................................

Rota ............................................

$59,230,000

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

The Secretary of the Air Force may acquire real property and
carry out the military construction projects for the installations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
Country

Installation

Germany ...................................

Ramstein ....................................
Spangdahlem Air Base .............
Campia Turzii ...........................

Romania ...................................

Amount
$36,345,000
$25,824,000
$130,500,000

SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for the military construction
projects outside the United States authorized by this title as specified in the funding table in section 4602.

DIVISION C—DEPARTMENT OF ENERGY
NATIONAL
SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
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.

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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.

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PUBLIC LAW 116–283—JAN. 1, 2021

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.
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.
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.

Subtitle A—National Security Programs
and Authorizations

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SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2021 for the activities of the National Nuclear Security
Administration in carrying out programs as specified in the funding
table in section 4701.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out new plant
projects for the National Nuclear Security Administration as follows:
Project 21–D–510, HE Synthesis, Formulation, and Production, Pantex Plant, Amarillo, Texas, $31,000,000.
Project 21–D–511, Savannah River Plutonium Processing
Facility, Savannah River Site, Aiken, South Carolina,
$241,900,000.
Project 21–D–512, Plutonium Pit Production Project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$226,000,000.

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Project 21–D–530, KL Steam and Condensate Upgrades,
Knolls Atomic Power Laboratory, Schenectady, New York,
$4,000,000.
General Plant Project, U1a.03 Test Bed Facility Improvements, Nevada National Security Site, Nevada, $16,000,000.
General Plant Project, TA–15 DARHT Hydro Vessel Repair
Facility, Los Alamos National Laboratory, New Mexico,
$16,500,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2021 for defense environmental cleanup activities in
carrying out programs as specified in the funding table in section
4701.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for defense
environmental cleanup activities, the following new plant project:
Project 21–D–401, Hoisting Capability Project, Waste Isolation
Pilot Plant, Carlsbad, New Mexico, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for other defense activities
in carrying out programs as specified in the funding table in section
4701.
SEC. 3104. NUCLEAR ENERGY.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for nuclear energy as specified
in the funding table in section 4701.

Subtitle B—Nuclear Weapons Stockpile
Matters
SEC. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.

(a) REQUIREMENTS.—
(1) IN GENERAL.—Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by
adding at the end the following new section:

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‘‘SEC. 4223. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.

50 USC 2538e.

‘‘(a) REPORTING REQUIREMENTS.—
‘‘(1) PHASE 1.—Upon receiving a concept definition study
under phase 1 of the joint nuclear weapons life cycle for the
W93 nuclear weapon, the Nuclear Weapons Council shall
submit to the congressional defense committees a report that
includes the following:
‘‘(A) A description of the potential military characteristics of the weapon.
‘‘(B) A description of the stockpile-to-target sequence
requirements of the weapon.
‘‘(C) An initial assessment of the requirements a W93
nuclear weapon program is likely to generate for the
nuclear security enterprise, including—

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Deadline.
Plan.

Deadline.

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Time period.

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‘‘(i) adjustments to the size and composition of
the workforce;
‘‘(ii) additions to existing weapon design and
production capabilities; or
‘‘(iii) additional facility recapitalization or new
construction.
‘‘(D) A preliminary description of other significant
requirements for a W93 nuclear weapon program,
including—
‘‘(i) first production unit date;
‘‘(ii) initial operational capability date;
‘‘(iii) full operational capability date; and
‘‘(iv) any unique safety and surety requirements
that could increase design complexity or cost estimate
uncertainty.
‘‘(2) PHASE 2.—
‘‘(A) IN GENERAL.—Not later than 15 days after the
date on which the Nuclear Weapons Council approves
phase 2 of the joint nuclear weapons life cycle for the
W93 nuclear weapon, the Administrator shall submit to
the congressional defense committees a plan to implement
a process of independent peer review or review by a board
of experts, or both, with respect to—
‘‘(i) the nonnuclear components of the weapon;
‘‘(ii) subsystem design; and
‘‘(iii) engineering aspects of the weapon.
‘‘(B) REQUIREMENTS FOR PROCESS.—The Administrator
shall ensure that the process required by subparagraph
(A)—
‘‘(i) uses—
‘‘(I) all relevant capabilities of the Federal
Government, the defense industrial base, and
institutions of higher education; and
‘‘(II) other capabilities that the Administrator
determines necessary; and
‘‘(ii) informs the entire development life cycle of
the W93 nuclear weapon.
‘‘(b) CERTIFICATIONS AND REPORTS AT PHASE 3.—Not later than
15 days after the date on which the Nuclear Weapons Council
approves phase 3 of the joint nuclear weapons life cycle for the
W93 nuclear weapon—
‘‘(1) the Administrator shall certify to the congressional
defense committees that—
‘‘(A) phases 1 through 5 of the joint nuclear weapons
life cycle for the weapon will employ, at a minimum, the
same best practices and will provide Congress with the
same level of programmatic insight as exists under the
phase 6.X process for life extension programs; and
‘‘(B) the proposed design for the weapon can be carried
out within estimated schedule and cost objectives; and
‘‘(2) the Commander of the United States Strategic Command shall submit to the congressional defense committees
a report containing the requirements for weapon quantity and
composition by type for the sub-surface ballistic nuclear (SSBN)
force, including such requirements planned for the 15-year
period following the date of the report, including any planned
life extensions, retirements, or alterations.

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134 STAT. 4377

‘‘(c) WAIVERS.—Subsections (a) and (b) may be waived during
a period of war declared by Congress after the date of the enactment
of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021.
‘‘(d) JOINT NUCLEAR WEAPONS LIFE CYCLE DEFINED.—In this
section, the term ‘joint nuclear weapons life cycle’ has the meaning
given that term in section 4220.’’.
(2) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4222 the following new item:
‘‘Sec. 4223. W93 nuclear warhead acquisition process.’’.

(b) SELECTED ACQUISITION REPORTS AND INDEPENDENT COST
ESTIMATES.—Section 4217(b) of such Act (50 U.S.C. 2537(b)) is
amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) in clause (i), by striking ‘‘phase 6.2A’’ and
inserting ‘‘phase 6.2A or new weapon system at the
completion of phase 2A’’;
(ii) in clause (ii), by striking ‘‘phase 6.3’’ and
inserting ‘‘phase 6.3 or new weapon system at the
completion of phase 3’’;
(iii) by redesignating clauses (iv) and (v) as clauses
(v) and (vi), respectively; and
(iv) by inserting after clause (iii) the following
new clause (iv):
‘‘(iv) Each new weapon system at the completion of
phase 4, relating to production engineering, and before
the initiation of phase 5, relating to first production.’’;
and
(B) in subparagraph (B), by striking ‘‘phase 6.2’’ and
inserting ‘‘phase 6.2 or new weapon system at the completion of phase 2’’; and
(2) in paragraph (4)(B), by striking ‘‘subparagraph (A)(iv)’’
and inserting ‘‘subparagraph (A)(v)’’.
SEC. 3112. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR LIFE EXTENSION PROGRAMS.

50 USC 2538f.

(a) IN GENERAL.—Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.), as amended by section
3111(a)(1), is further amended by adding at the end the following
new section:
‘‘SEC. 4224. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR LIFE EXTENSION PROGRAMS.

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‘‘(a) REVIEW OF CONTRACTOR EARNED VALUE
TEMS.—The Administrator shall enter into an

MANAGEMENT SYSarrangement with
an independent entity under which that entity shall—
‘‘(1) review and validate whether the earned value management systems of contractors of the Administration for life extension programs meet the earned value management national
standard; and
‘‘(2) conduct periodic surveillance reviews of such systems
to ensure that such systems maintain compliance with that
standard through program completion.
‘‘(b) BENCHMARKS FOR TECHNOLOGY READINESS LEVELS.—The
Administrator shall—

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134 STAT. 4378

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‘‘(1) establish specific benchmarks for technology readiness
levels of critical technologies for life extension programs at
key decision points; and
‘‘(2) ensure that critical technologies meet such benchmarks
at such decision points.
‘‘(c) APPLICABILITY.—This section shall apply to programs that,
as of the date of the enactment of this section, have not entered
phase 3 of the nuclear weapons acquisition process or phase 6.3
of a nuclear weapons life extension program.
‘‘(d) DEFINITION.—In this section, the term ‘earned value
management national standard’ means the most recent version
of the EIA-748 Earned Value Management System Standard published by the National Defense Industrial Association.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by inserting after the item
relating to section 4223, as added by section 3111(a)(2), the following
new item:
‘‘Sec. 4224. Earned value management and technology readiness levels for life extension programs.’’.
50 USC 2512
note.

SEC.

Deadline.

(a) DESIGNATION OF OFFICIAL.—Not later than March 1, 2021,
the Administrator for Nuclear Security shall designate a senior
official within the National Nuclear Security Administration to
be responsible for monitoring the industrial base that supports
the nuclear weapons components, subsystems, and materials of
the Administration, including—
(1) the consistent monitoring of the current status of the
industrial base;
(2) tracking of industrial base issues over time; and
(3) proactively identifying gaps or risks in specific areas
relating to the industrial base.
(b) PROVISION OF RESOURCES.—The Administrator shall ensure
that the official designated under subsection (a) is provided with
resources sufficient to conduct the monitoring required by that
subsection.
(c) CONSULTATIONS.—The Administrator, acting through the
official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by
that subsection, consult with—
(1) officials of the Department of Defense who are members
of the Nuclear Weapons Council established under section 179
of title 10, United States Code;
(2) officials of the Department of Defense responsible for
the defense industrial base; and
(3) other components of the Department of Energy that
rely on similar components, subsystems, or materials.
(d) BRIEFINGS.—
(1) INITIAL BRIEFING.—Not later than April 1, 2021, the
Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing
on the designation of the official required by subsection (a),
including on—
(A) the responsibilities assigned to that official; and

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MONITORING OF INDUSTRIAL BASE FOR NUCLEAR
WEAPONS COMPONENTS, SUBSYSTEMS, AND MATERIALS.

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134 STAT. 4379

(B) the plan for providing that official with resources
sufficient to conduct the monitoring required by subsection
(a).
(2) SUBSEQUENT BRIEFINGS.—Not later than April 1, 2022,
and annually thereafter through 2024, the Administrator shall
provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on activities carried
out under this section that includes an assessment of the
progress made by the official designated under subsection (a)
in conducting the monitoring required by that subsection.

Assessment.

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SEC. 3114. PLUTONIUM PIT PRODUCTION.

(a) INDEPENDENT COST ESTIMATE.—
(1) REQUIREMENT.—The Secretary of Energy shall obtain
an independent cost estimate for each covered project in accordance with Department of Energy Order 413.3B (relating to
program management and project management for the acquisition of capital assets), as in effect on the day before the date
of the enactment of this Act.
(2) CONFIDENCE LEVEL.—An independent cost estimate
under paragraph (1) with respect to a covered project shall
assign a confidence level, expressed as a percentage, with
respect to whether the Secretary will be able to carry out
the covered project within the estimated schedule and cost
objectives of the Department of Energy consistent with the
document of the Government Accountability Office entitled
‘‘Cost Estimating and Assessment Guide’’ (GAO–09–3SP) and
dated March 2009.
(3) SUBMISSION.—Not later than 30 days after obtaining
an independent cost estimate under paragraph (1) with respect
to a covered project, the Secretary shall submit to the congressional defense committees the estimate, including the confidence level assigned under paragraph (2).
(b) CONDITIONAL REPORTS AND CERTIFICATIONS.—
(1) LOW CONFIDENCE.—If an independent cost estimate for
a covered project under subsection (a) assigns a high-end cost
for the project that is 15 percent or more higher than the
high-end project cost position approved by the Department of
Energy for the project at critical decision 1 in the acquisition
process—
(A) not later than 90 days after approval of critical
decision 1, the Secretary shall submit to the congressional
defense committees the report described in paragraph (2)
with respect to the covered project; and
(B) not later than 90 days after the date on which
the Secretary submits the independent cost estimate to
the congressional defense committees under subsection
(a)(3), the Commander of the United States Strategic Command shall certify to those committees that—
(i) the requirement to produce war reserve plutonium pits under section 4219 of the Atomic Energy
Defense Act (50 U.S.C. 2538a) cannot be altered or
extended by not more than five years without—
(I) degrading the capabilities of the Command
to accomplish its assigned nuclear deterrence missions; or

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Deadline.

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Certification.

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(II) reducing the confidence of the Commander
in the military effectiveness of the nuclear weapons
stockpile, taking into account all mitigation strategies available to the Commander; or
(ii) that requirement can be altered or extended
as described in clause (i) without degrading the
capabilities described in subclause (I) of that clause
or reducing the confidence described in subclause (II)
of that clause.
(2) REPORT DESCRIBED.—
(A) IN GENERAL.—The report described in this paragraph with respect to a covered project is a report by
the Secretary that includes—
(i)(I) a certification by the Secretary that, notwithstanding the costs and confidence level set forth in
the independent cost estimate under subsection (a),
the Secretary will able to carry out the covered project
within the estimated schedule and cost objectives of
the Department of Energy; and
(II) a detailed explanation of why the Secretary
disagrees with the independent cost estimate; or
(ii) if the Secretary cannot make the certification
under clause (i)(I), a plan by the Secretary—
(I) to achieve costs and a confidence level consistent with the costs and confidence level set forth
in the independent cost estimate, including with
respect to changing the costs, schedule, and scope
of the covered project; and
(II) that includes a description, provided by
the Administrator for Nuclear Security, of mitigation options for minimizing any degradation in
the military effectiveness of the nuclear weapons
stockpile until the Secretary achieves costs and
a confidence level consistent with the costs and
confidence level set forth in the independent cost
estimate.
(B) PROHIBITION ON DELEGATION.—The Secretary may
not delegate the responsibility for making a certification
under subparagraph (A)(i)(I).
(c) COVERED PROJECT DEFINED.—In this section, the term ‘‘covered project’’ means—
(1) the Savannah River Plutonium Processing Facility,
Savannah River Site, Aiken, South Carolina (Project 21–D–
511); or
(2) the Plutonium Pit Production Project, Los Alamos
National Laboratory, Los Alamos, New Mexico (Project 21–
D–512).

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134 STAT. 4381

Subtitle C—Defense Environmental
Cleanup Matters
SEC. 3121. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR
FACILITIES UNDERGOING DEFENSE ENVIRONMENTAL
CLEANUP.

(a) IN GENERAL.—Subtitle A of title XLIV of the Atomic Energy
Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at
the end the following new section:
‘‘SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES.

50 USC 2591.

‘‘Each year, at the same time that the Department of Energy
submits its annual financial report under section 3516 of title
31, United States Code, the Secretary of Energy shall make available to the public a statement of environmental liabilities, as calculated for the most recent audited financial statement of the
Department under section 3515 of that title, for each defense
nuclear facility at which defense environmental cleanup activities
are occurring.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by inserting after the item
relating to section 4409 the following new item:
‘‘Sec. 4410. Public statement of environmental liabilities.’’.
SEC. 3122. INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS
DEFENSE ENVIRONMENTAL CLEANUP PLAN.

Section 4402A(b)(3) of the Atomic Energy Defense Act (50
U.S.C. 2582A(b)(3)) is amended by adding at the end the following
new subparagraph:
‘‘(D) For any milestone that has been missed, renegotiated, or postponed, a statement of the current milestone,
the original milestone, and any interim milestones.’’.
SEC. 3123. CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP
AS CAPITAL ASSET PROJECTS OR OPERATIONS ACTIVITIES.

50 USC 2581
note.

(a) IN GENERAL.—The Assistant Secretary of Energy for
Environmental Management, in consultation with other appropriate
officials of the Department of Energy, shall establish requirements
for the classification of defense environmental cleanup projects as
capital asset projects or operations activities.
(b) REPORT REQUIRED.—Not later than March 1, 2021, the
Assistant Secretary shall submit to the congressional defense
committees a report—
(1) setting forth the requirements established under subsection (a); and
(2) assessing whether any ongoing defense environmental
cleanup projects should be reclassified based on those requirements.

Consultation.
Requirements.

Assessment.

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SEC. 3124. EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF HIGH-LEVEL WASTE.

Section 3121 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1953) is amended
by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2020 or
fiscal year 2021’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION.
Deadline.
Contracts.

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Assessment.

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(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of Energy shall—
(1) enter into an arrangement with a federally funded
research and development center to conduct a follow-on analysis
to the analysis required by section 3134 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328;
130 Stat. 2769) with respect to approaches for treating the
portion of low-activity waste at the Hanford Nuclear Reservation, Richland, Washington, intended for supplemental treatment; and
(2) enter into an arrangement with the National Academies
of Sciences, Engineering, and Medicine to review the followon analysis conducted under paragraph (1).
(b) COMPARISON OF ALTERNATIVES TO AID DECISIONMAKING.—
The analysis required by subsection (a)(1) shall be designed, to
the greatest extent possible, to provide decisionmakers with the
ability to make a direct comparison between approaches for the
supplemental treatment of low-activity waste at the Hanford
Nuclear Reservation based on criteria that are relevant to decisionmaking and most clearly differentiate between approaches.
(c) ELEMENTS.—The analysis required by subsection (a)(1) shall
clearly lay out a framework of decisions to be made among the
treatment technologies, waste forms, and disposal locations by
including an assessment of the following:
(1) The most effective potential technology for supplemental
treatment of low-activity waste that will produce an effective
waste form, including an assessment of the following:
(A) The maturity and complexity of the technology.
(B) The extent of previous use of the technology.
(C) The life cycle costs and duration of use of the
technology.
(D) The effectiveness of the technology with respect
to immobilization.
(E) The performance of the technology expected under
permanent disposal.
(F) The topical areas of additional study required for
the grout option identified in the analysis required by
section 3134 of the National Defense Authorization Act
for Fiscal Year 2017.
(2) The differences among approaches for the supplemental
treatment of low-activity waste considered as of the date of
the analysis required by subsection (a)(1).
(3) The compliance of such approaches with the technical
standards described in section 3134(b)(2)(D) of the National
Defense Authorization Act for Fiscal Year 2017.
(4) The differences among potential disposal sites for the
waste form produced through such treatment, including mitigation of radionuclides, including technetium-99, selenium-79, and
iodine-129, on a system level.
(5) Potential modifications to the design of facilities to
enhance performance with respect to disposal of the waste
form to account for the following:
(A) Regulatory compliance.
(B) Public acceptance.

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134 STAT. 4383

(C) Cost.
(D) Safety.
(E) The expected radiation dose to maximally exposed
individuals over time.
(F) Differences among disposal environments.
(6) Approximately how much and what type of pretreatment
is needed to meet regulatory requirements regarding long-lived
radionuclides and hazardous chemicals to reduce disposal costs
for radionuclides described in paragraph (4).
(7) Whether the radionuclides can be left in the waste
form or economically removed and bounded at a system level
by the performance assessment of a potential disposal site
and, if the radionuclides cannot be left in the waste form,
how to account for the secondary waste stream.
(8) Other relevant factors relating to the technology
described in paragraph (1), including the following:
(A) The costs and risks in delays with respect to tank
performance over time.
(B) Consideration of experience with treatment
methods at other sites and commercial facilities.
(C) Outcomes of the test bed initiative of the Office
of Environmental Management at the Hanford Nuclear
Reservation.
(d) REVIEW, CONSULTATION, SUBMISSION, AND LIMITATIONS.—
The provisions of subsections (c) through (f) of section 3134 of
the National Defense Authorization Act for Fiscal Year 2017 shall
apply with respect to the analysis required by subsection (a)(1)
to the same extent and in the same manner that such provisions
applied with respect to the analysis required by subsection (a)
of such section 3134, except that subsection (e) of such section
shall be applied and administered by substituting ‘‘the date of
the enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021’’ for ‘‘the date of the enactment of this Act’’ each place it appears.

Applicability.

Subtitle D—Safeguards and Security
Matters
SEC. 3131. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND SUBCONTRACTORS.

(a) IN GENERAL.—Subtitle A of title XLV of the Atomic Energy
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at
the end the following new section:

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‘‘SEC. 4511. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND SUBCONTRACTORS.

‘‘(a) PROCEDURES FOR REPORTING PENETRATIONS.—The
Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer
when a covered network of the contractor or subcontractor that
meets the criteria established pursuant to subsection (b) is successfully penetrated.
‘‘(b) ESTABLISHMENT OF CRITERIA FOR COVERED NETWORKS.—
‘‘(1) IN GENERAL.—The Administrator shall, in consultation
with the officials specified in paragraph (2), establish criteria

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for covered networks to be subject to the procedures for
reporting penetrations under subsection (a).
‘‘(2) OFFICIALS SPECIFIED.—The officials specified in this
paragraph are the following officials of the Administration:
‘‘(A) The Deputy Administrator for Defense Programs.
‘‘(B) The Associate Administrator for Acquisition and
Project Management.
‘‘(C) The Chief Information Officer.
‘‘(D) Any other official of the Administration the
Administrator considers necessary.
‘‘(c) PROCEDURE REQUIREMENTS.—
‘‘(1) RAPID REPORTING.—
‘‘(A) IN GENERAL.—The procedures established pursuant to subsection (a) shall require each contractor or subcontractor to submit to the Chief Information Officer a
report on each successful penetration of a covered network
of the contractor or subcontractor that meets the criteria
established pursuant to subsection (b) not later than 60
days after the discovery of the successful penetration.
‘‘(B) ELEMENTS.—Subject to subparagraph (C), each
report required by subparagraph (A) with respect to a
successful penetration of a covered network of a contractor
or subcontractor shall include the following:
‘‘(i) A description of the technique or method used
in such penetration.
‘‘(ii) A sample of the malicious software, if discovered and isolated by the contractor or subcontractor,
involved in such penetration.
‘‘(iii) A summary of information created by or for
the Administration in connection with any program
of the Administration that has been potentially compromised as a result of such penetration.
‘‘(C) AVOIDANCE OF DELAYS IN REPORTING.—If a contractor or subcontractor is not able to obtain all of the
information required by subparagraph (B) to be included
in a report required by subparagraph (A) by the date that
is 60 days after the discovery of a successful penetration
of a covered network of the contractor or subcontractor,
the contractor or subcontractor shall—
‘‘(i) include in the report all information available
as of that date; and
‘‘(ii) provide to the Chief Information Officer the
additional information required by subparagraph (B)
as the information becomes available.
‘‘(2) ACCESS TO EQUIPMENT AND INFORMATION BY ADMINISTRATION PERSONNEL.—Concurrent with the establishment of
the procedures pursuant to subsection (a), the Administrator
shall establish procedures to be used if information owned
by the Administration was in use during or at risk as a result
of the successful penetration of a covered network—
‘‘(A) in order to—
‘‘(i) in the case of a penetration of a covered network of a management and operating contractor,
enhance the access of personnel of the Administration
to Government-owned equipment and information; and
‘‘(ii) in the case of a penetration of a covered network of a contractor or subcontractor that is not a

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Summary.

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134 STAT. 4385

management and operating contractor, facilitate the
access of personnel of the Administration to the equipment and information of the contractor or subcontractor; and
‘‘(B) which shall—
‘‘(i) include mechanisms for personnel of the
Administration to, upon request, obtain access to equipment or information of a contractor or subcontractor
necessary to conduct forensic analysis in addition to
any analysis conducted by the contractor or subcontractor;
‘‘(ii) provide that a contractor or subcontractor is
only required to provide access to equipment or
information as described in clause (i) to determine
whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of
the contractor or subcontractor and, if so, what
information was exfiltrated; and
‘‘(iii) provide for the reasonable protection of trade
secrets, commercial or financial information, and
information that can be used to identify a specific
person.
‘‘(3) DISSEMINATION OF INFORMATION.—The procedures
established pursuant to subsection (a) shall allow for limiting
the dissemination of information obtained or derived through
such procedures so that such information may be disseminated
only to entities—
‘‘(A) with missions that may be affected by such
information;
‘‘(B) that may be called upon to assist in the diagnosis,
detection, or mitigation of cyber incidents;
‘‘(C) that conduct counterintelligence or law enforcement investigations; or
‘‘(D) for national security purposes, including cyber
situational awareness and defense purposes.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) CHIEF INFORMATION OFFICER.—The term ‘Chief
Information Officer’ means the Associate Administrator for
Information Management and Chief Information Officer of the
Administration.
‘‘(2) CONTRACTOR.—The term ‘contractor’ means a private
entity that has entered into a contract or contractual action
of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.
‘‘(3) COVERED NETWORK.—The term ‘covered network’
includes any network or information system that accesses,
receives, or stores—
‘‘(A) classified information; or
‘‘(B) sensitive unclassified information germane to any
program of the Administration, as determined by the
Administrator.
‘‘(4) SUBCONTRACTOR.—The term ‘subcontractor’ means a
private entity that has entered into a contract or contractual
action with a contractor or another subcontractor to furnish
supplies, equipment, materials, or services of any kind in

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connection with another contract in support of any program
of the Administration.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by inserting after the item
relating to section 4510 the following new item:
‘‘Sec. 4511. Reporting on penetrations of networks of contractors and subcontractors.’’.

Subtitle E—Personnel Matters
SEC. 3141. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ‘‘September 30, 2020’’ and
inserting ‘‘September 30, 2021’’.
SEC. 3142. INCLUSION OF CERTAIN EMPLOYEES AND CONTRACTORS
OF DEPARTMENT OF ENERGY IN DEFINITION OF PUBLIC
SAFETY OFFICER FOR PURPOSES OF CERTAIN DEATH
BENEFITS.

Section 1204(9) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10284(9)) is amended—
(1) in subparagraph (D), by striking ‘‘or’’ at the end;
(2) in subparagraph (E)(ii), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(F) an employee or contractor of the Department of
Energy who—
‘‘(i) is—
‘‘(I) a nuclear materials courier (as defined
in section 8331(27) of title 5, United States Code);
or
‘‘(II) designated by the Secretary of Energy
as a member of an emergency response team; and
‘‘(ii) is performing official duties of the Department,
pursuant to a deployment order issued by the Secretary, to protect the public, property, or the interests
of the United States by—
‘‘(I) assessing, locating, identifying, securing,
rendering safe, or disposing of weapons of mass
destruction (as defined in section 1403 of the
Defense Against Weapons of Mass Destruction Act
of 1996 (50 U.S.C. 2302)); or
‘‘(II) managing the immediate consequences of
a radiological release or exposure.’’.
SEC.

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prec.

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3143.

REIMBURSEMENT FOR LIABILITY
NUCLEAR MATERIALS COURIERS.

INSURANCE

FOR

Section 636(c)(2) of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as enacted into law by section 101(f) of division A of Public Law 104–208; 5 U.S.C. prec.
5941 note) is amended by striking ‘‘or under’’ and all that follows
and inserting the following: ‘‘any special agent under section 203
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986
(22 U.S.C. 4823), or any nuclear materials courier (as defined in
section 8331(27) of such title 5);’’.

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134 STAT. 4387

SEC. 3144. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE
FAMILY OF DECEASED NUCLEAR MATERIALS COURIERS.

Section 5724d(c)(1) of title 5, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘; and’’ and inserting
a semicolon; and
(2) by adding at the end the following:
‘‘(D) any nuclear materials courier, as defined in section
8331(27); and’’.
SEC. 3145. PERMANENT EXTENSION OF OFFICE OF OMBUDSMAN FOR
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

Section 3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s–15) is
amended by striking subsection (h).

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SEC. 3146. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR
EMPLOYEES OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) ANNUAL REPORTS.—Not later than December 31, 2020, and
each year thereafter through 2022, the Administrator for Nuclear
Security shall submit to the congressional defense committees a
report on the diversity of contractor employees of the National
Nuclear Security Administration.
(b) MATTERS INCLUDED.—Subject to subsection (c), each report
under subsection (a) shall include, for each covered element of
the Administration, the following:
(1) With respect to the fiscal year covered by the report
and the previous fiscal year, demographic data of—
(A) the contractor employees of the covered element;
(B) the contractor employees hired at the covered element during each such year; and
(C) the contractor employees of the covered element
who voluntarily separated during each such year.
(2) To the extent practical, a breakdown of the data under
paragraph (1) by each position in the Standard Occupational
Classification System of the Bureau of Labor Statistics.
(3) A description of the plan to increase diversity at the
covered element, and how such plan responds to any trends
identified with respect to the data under paragraph (1).
(4) An identification of the office of the covered element
responsible for implementing such plan and a description of
how that office determines whether the covered element is
meeting the goals of the plan.
(5) A description of the training resources relating to diversity, equality, and inclusion mandated for contractor employees
of the covered element with hiring authority, and an identification of how many such contractor employees have been trained.
(c) DATA.—The Administrator shall carry out this section using
data that is—
(1) otherwise available to the Administrator and to the
management and operating contractors of the nuclear security
enterprise;
(2) collected in accordance with applicable laws and regulations of the Equal Employment Opportunity Commission, regulations of the Office of Federal Contract Compliance Programs

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134 STAT. 4388

Public
information.
Web posting.

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Deadline.

PUBLIC LAW 116–283—JAN. 1, 2021

of the Department of Labor, and applicable provisions of Federal law on privacy; and
(3) obtained from relevant elements of the Federal Government pursuant to a memorandum of understanding specifying
the terms and conditions for the sharing of such data, including
by identifying—
(A) the statutory authority governing such sharing;
(B) the minimum amount of data needed to be shared;
(C) the exact data to be shared;
(D) the method of securely sharing such data; and
(E) the limitations on the use and disclosure of such
data.
(d) PUBLICATION.—The Administrator shall make publicly available on the internet website of the Department of Energy each
report under subsection (a), subject to the regulations and Federal
law specified in subsection (c)(2).
(e) GAO REVIEW.—Not later than one year after the date on
which the Administrator submits the first report under subsection
(a), the Comptroller General of the United States shall submit
to the congressional defense committees a review of—
(1) the diversity of contractor employees with respect to
both the hiring and retention of such employees;
(2) the demographic composition of such employees; and
(3) the issues relating to diversity that such report identifies and the steps taken to address such issues.
(f) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the National Nuclear Security Administration is undertaking the largest and most complex workload since the end
of the Cold War;
(2) ensuring that the nuclear security enterprise hires,
trains, and retains a diverse and highly educated workforce
is a national security priority of the United States;
(3) more than 5,000 employees were hired at the laboratories, plants, and sites of the National Nuclear Security
Administration during fiscal year 2019; and
(4) the National Nuclear Security Administration has taken
important actions to hire and retain the best and brightest
workforce and is encouraged to continue to build upon those
efforts, particularly as its aging workforce continues to retire.
(g) DEFINITIONS.—In this section:
(1) CONTRACTOR EMPLOYEE.—The term ‘‘contractor
employee’’ means an employee of a management and operating
contractor of the nuclear security enterprise.
(2) COVERED ELEMENT.—The term ‘‘covered element’’ means
each national security laboratory and nuclear weapons production facility (as such terms are defined in section 3281 of
the National Nuclear Security Administration Act (50 U.S.C.
2471)).
(3) NUCLEAR SECURITY ENTERPRISE.—The term ‘‘nuclear
security enterprise’’ has the meaning that term in section 3281
of the National Nuclear Security Administration Act (50 U.S.C.
2471)).
SEC. 3147. SENSE OF CONGRESS REGARDING COMPENSATION OF
INDIVIDUALS RELATING TO URANIUM MINING AND
NUCLEAR TESTING.

(a) FINDINGS.—Congress makes the following findings:

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134 STAT. 4389

(1) The Radiation Exposure Compensation Act (Public Law
101–426; 42 U.S.C. 2210 note) was enacted in 1990 to provide
monetary compensation to individuals who contracted certain
cancers and other serious diseases following their exposure
to radiation released during atmospheric nuclear weapons
testing during the Cold War or following exposure to radiation
as a result of employment in the uranium industry during
the Cold War.
(2) The Radiation Exposure Compensation Act expires on
July 9, 2022. Unless that Act is extended, individuals who
contract certain cancers and other serious diseases because
of events described in paragraph (1) may be unable to claim
compensation for such diseases.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the United States Government should continue to appropriately
compensate and recognize the individuals described in subsection
(a).

Subtitle F—Budget and Financial
Management Matters
SEC. 3151. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY
DEFENSE ACTIVITIES.

(a) IN GENERAL.—Section 4732 of the Atomic Energy Defense
Act (50 U.S.C. 2772) is amended to read as follows:

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‘‘SEC. 4732. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY
DEFENSE ACTIVITIES.

‘‘(a) REPORTS REQUIRED.—
‘‘(1) IN GENERAL.—Concurrent with the submission of the
budget justification materials submitted to Congress in support
of the budget of the President for a fiscal year (submitted
to Congress pursuant to section 1105(a) of title 31, United
States Code), the Secretary of Energy shall submit to the
congressional defense committees a report on the financial balances for each atomic energy defense program.
‘‘(2) PRESENTATION OF INFORMATION.—In each report
required by paragraph (1), the Secretary shall—
‘‘(A) present information on the financial balances for
each atomic energy defense program at the budget control
levels used in the report accompanying the most current
Act appropriating funds for energy and water development;
and
‘‘(B) present financial balances in connection with
funding under recurring DOE national security authorizations (as defined in section 4701) separately from balances
in connection with funding under any other provision of
law.
‘‘(b) ELEMENTS.—
‘‘(1) FORMAT.—Each report required by subsection (a)
shall—
‘‘(A) be divided into two parts, as specified in paragraphs (2) and (3); and
‘‘(B) set forth the information required by those paragraphs in summary form and by fiscal year.

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134 STAT. 4390

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(2) PART 1.—The first part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most
recently completed fiscal year:
‘‘(A) The balance of any unobligated funds and an
explanation for why those funds are unobligated.
‘‘(B) The total funds available to cost.
‘‘(C) The total balance of costed funds.
‘‘(D) The total balance of uncosted funds.
‘‘(E) The threshold for the balance of uncosted funds,
stated in dollars.
‘‘(F) The amount of any balance of uncosted funds
that is over or under that threshold and, in the case of
a balance over that threshold, an explanation for why
the balance is over that threshold.
‘‘(G) The total balance of committed, uncosted funds.
‘‘(H) The total balance of uncommitted, uncosted funds.
‘‘(I) The amount of any balance of uncommitted,
uncosted funds that is over or under the threshold
described in subparagraph (E) and, in the case of a balance
over that threshold, an explanation for why the balance
is over that threshold.
‘‘(3) PART 2.—The second part of the report required by
subsection (a) shall set forth, for each atomic energy defense
program, the following information:
‘‘(A) The balance of any unobligated funds, as of the
end of the first quarter of the current fiscal year.
‘‘(B) The total balance of uncosted funds, as of the
end of the first quarter of the current fiscal year.
‘‘(C) Unalloted budget authority.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) COMMITTED.—The term ‘committed’, with respect to
funds, means the funds are associated with a legally enforceable
agreement, such as a purchase order or contract, that has
been entered into.
‘‘(2) COSTED.—The term ‘costed’, with respect to funds,
means the funds have been obligated to a contract and goods
or services have been received by the contractor in exchange
for the funds.
‘‘(3) UNCOMMITTED.—The term ‘uncommitted’, with respect
to funds, means the funds are not committed.
‘‘(4) UNCOSTED.—The term ‘uncosted’, with respect to funds,
means the funds have been obligated to a contract and goods
or services have not been received by the contractor in exchange
for the funds.
‘‘(5) THRESHOLD.—The term ‘threshold’ means a benchmark
over which a balance carried over at the end of a fiscal year
should be given greater scrutiny by Congress.
‘‘(6) TOTAL FUNDS AVAILABLE TO COST.—The term ‘total
funds available to cost’ means the sum of—
‘‘(A) total uncosted obligations from prior fiscal years;
‘‘(B) current fiscal year obligations; and
‘‘(C) current fiscal year deobligations.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by striking the item relating
to section 4732 and inserting the following new item:
‘‘Sec. 4732. Reports on financial balances for atomic energy defense activities.’’.

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Subtitle G—Administrative Matters
SEC. 3161. MODIFICATIONS TO ENHANCED PROCUREMENT AUTHORITY
TO MANAGE SUPPLY CHAIN RISK.

Section 4806 of the Atomic Energy Defense Act (50 U.S.C.
2786) is amended—
(1) in subsections (a) and (c), by inserting ‘‘or special exclusion action’’ after ‘‘covered procurement action’’ each place it
appears;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (d) the following new subsection (e):
‘‘(e) DELEGATION OF AUTHORITY.—The Secretary may delegate
the authority under this section to—
‘‘(1) in the case of the Administration, the Administrator;
and
‘‘(2) in the case of any other component of the Department
of Energy, the Senior Procurement Executive of the Department.’’; and
(4) in subsection (f), as redesignated by paragraph (2)—
(A) by redesignating paragraph (6) as paragraph (7);
and
(B) by inserting after paragraph (5) the following new
paragraph (6):
‘‘(6) SPECIAL EXCLUSION ACTION.—The term ‘special exclusion action’ means an action to prohibit, for a period not to
exceed two years, the award of any contracts or subcontracts
by the Administration or any other component of the Department of Energy related to any covered system to a source
the Secretary determines to represent a supply chain risk.’’.

Definition.

SEC. 3162. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR
OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.

Section 3119 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2791 note) is
amended—
(1) in subsection (c)(2), by striking ‘‘four’’ and inserting
‘‘nine’’; and
(2) in subsection (d), by striking ‘‘February 15, 2020’’ and
inserting ‘‘February 15, 2025’’.

Subtitle H—Other Matters

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SEC. 3171. INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL
EFFECTS OF NUCLEAR WAR.

(a) STUDY.—The Administrator for Nuclear Security, in consultation with the Secretary of Defense and the Director of National
Intelligence, shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies conduct a study on the environmental
effects of nuclear war.
(b) MATTERS INCLUDED.—The study under subsection (a) shall
include the following:

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Contracts.

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134 STAT. 4392

PUBLIC LAW 116–283—JAN. 1, 2021
(1) An evaluation of the non-fallout atmospheric effects
of plausible scenarios for nuclear war, ranging from lowquantity regional exchanges to large-scale exchanges between
major powers.
(2) An examination of the effects evaluated under paragraph (1) by—
(A) the yield, type, and number of nuclear weapons;
(B) the types and locations of targets;
(C) the time distribution of the explosions;
(D) the atmospheric conditions; and
(E) other factors that may have a significant impact
on the effects.
(3) An assessment of current models of nuclear explosions,
including with respect to—
(A) the fires such explosions may cause;
(B) the atmospheric transport of the gases from such
explosions;
(C) the radioactive material from such explosions; and
(D) the soot and other debris from such fires and
explosions and the atmospheric, terrestrial, and marine
consequences of such effects, including with respect to
changes in weather patterns, airborne particulate concentrations, stratospheric ozone, agriculture, and long-term
regional ecosystem viability.
(4) Identification of the capabilities and limitations of the
models described in paragraph (3) for assessing the environmental effects of nuclear war, including—
(A) an evaluation of the relevant uncertainties;
(B) a highlight of the key data gaps; and
(C) recommendations for how such models can be
improved to better inform decision making.
(c) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the National Academies shall
submit to the Administrator, the Secretary, the Director, and
the congressional defense committees a report on the study
under subsection (a).
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(d) PROVISION OF INFORMATION.—
(1) SECRETARY OF DEFENSE.—The Secretary shall provide
to the National Academies such information of the Department
of Defense as is necessary for the National Academies to conduct the study under subsection (a), including information
relating to relevant scenarios described in subsection (b).
(2) DIRECTOR OF NATIONAL INTELLIGENCE.—The Director
shall provide to the National Academies such information on
foreign adversary capabilities as is necessary for the National
Academies to conduct the study under subsection (a), including
information relating to relevant scenarios described in subsection (b).

Evaluation.

Examination.

Assessment.

Evaluation.
Recommendations.

Classified
information.

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SEC. 3172. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE
AT THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Consultation.
Contracts.

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(a) IN GENERAL.—The Administrator for Nuclear Security, in
consultation with the Secretary of Energy, shall enter into an
agreement with the National Academy of Sciences to review the

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future of computing beyond exascale computing to meet national
security needs at the National Nuclear Security Administration.
(b) ELEMENTS.—The review required by subsection (a) shall
address the following:
(1) Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish
during the 20 years after the date of the enactment of this
Act.
(2) Computing architectures that potentially can meet those
needs, including—
(A) classical computing architectures employed as of
such date of enactment;
(B) quantum computing architectures and other novel
computing architectures;
(C) hybrid combinations of classical and quantum computing architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing architectures described in paragraph (2).
(4) The maturity of the computing architectures described
in paragraph (2) and the software described in paragraph (3),
with key obstacles that must be overcome for the employment
of such architectures and software.
(5) The secure industrial base that exists as of the date
of the enactment of this Act to meet the unique needs of
computing at the National Nuclear Security Administration,
including needs with respect to—
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c) INFORMATION AND CLEARANCES.—The Administrator shall
ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection
(a) or conducting the review required by that subsection receive,
in a timely manner, access to information and necessary security
clearances to enable the conduct of the review.
(d) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 2 years after the date
of the enactment of this Act, the National Academy of Sciences
shall submit to the congressional defense committees a report
on the findings of the review required by subsection (a).
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(e) EXASCALE COMPUTING DEFINED.—In this section, the term
‘‘exascale computing’’ means computing through the use of a computing machine that performs near or above 10 to the 18th power
floating point operations per second.

Time period.

Classified
information.

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SEC. 3173. SENSE OF CONGRESS ON THE AGREEMENT SUSPENDING
THE ANTIDUMPING INVESTIGATION ON URANIUM FROM
THE RUSSIAN FEDERATION.

It is the sense of Congress that the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian Federation, dated October 16, 1992, as most recently amended by
an agreement signed by the United States Department of Commerce
and the State Atomic Energy Corporation Rosatom of the Russian

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Federation on October 6, 2020 (85 Fed. Reg. 64112), will provide
certainty to the United States nuclear fuel supply chain while
avoiding unfair trade practices in the importation of uranium products from the Russian Federation consistent with national security
and nonproliferation goals of the United States.

TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities Safety
Board.
SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2021,
$28,836,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
SEC. 3202. NONPUBLIC COLLABORATIVE DISCUSSIONS BY DEFENSE
NUCLEAR FACILITIES SAFETY BOARD.

Deadline.
Public
information.

List.

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Summary.
Determination.

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Section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b)
is amended by adding at the end the following new subsection:
‘‘(k) NONPUBLIC COLLABORATIVE DISCUSSIONS.—
‘‘(1) IN GENERAL.—Notwithstanding section 552b of title
5, United States Code, a quorum of the members of the Board
may hold a meeting that is not open to public observation
to discuss official business of the Board if—
‘‘(A) no formal or informal vote or other official action
is taken at the meeting;
‘‘(B) each individual present at the meeting is a
member or an employee of the Board;
‘‘(C) at least one member of the Board from each political party is present at the meeting, unless all members
of the Board are of the same political party at the time
of the meeting; and
‘‘(D) the general counsel of the Board, or a designee
of the general counsel, is present at the meeting.
‘‘(2) DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS.—
‘‘(A) IN GENERAL.—Except as provided by subparagraph
(B), not later than two business days after the conclusion
of a meeting described in paragraph (1), the Board shall
make available to the public, in a place easily accessible
to the public—
‘‘(i) a list of the individuals present at the meeting;
and
‘‘(ii) a summary of the matters, including key
issues, discussed at the meeting, except for any matter
the Board properly determines may be withheld from
the public under section 552b(c) of title 5, United States
Code.
‘‘(B) INFORMATION ABOUT MATTERS WITHHELD FROM
PUBLIC.—If the Board properly determines under subparagraph (A)(ii) that a matter may be withheld from the
public under section 552b(c) of title 5, United States Code,
the Board shall include in the summary required by that

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subparagraph as much general information as possible with
respect to the matter.
‘‘(3) RULES OF CONSTRUCTION.—Nothing in this subsection
may be construed—
‘‘(A) to limit the applicability of section 552b of title
5, United States Code, with respect to—
‘‘(i) a meeting of the members of the Board other
than a meeting described in paragraph (1); or
‘‘(ii) any information that is proposed to be withheld from the public under paragraph (2)(A)(ii); or
‘‘(B) to authorize the Board to withhold from any individual any record that is accessible to that individual under
section 552a of title 5, United States Code.’’.

TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) AMOUNT.—There are hereby authorized to be appropriated
to the Secretary of Energy $13,006,000 for fiscal year 2021 for
the purpose of carrying out activities under chapter 869 of title
10, United States Code, relating to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.

TITLE XXXV—MARITIME MATTERS
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
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.

Subtitle A—Maritime Administration
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SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

(a) FISCAL YEAR 2021 AUTHORIZATION.—There are authorized
to be appropriated to the Department of Transportation for fiscal

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134 STAT. 4396

PUBLIC LAW 116–283—JAN. 1, 2021

year 2021, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with
maintaining the United States merchant marine, the following
amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $85,441,000, of which—
(A) $79,941,000 shall be for Academy operations; and
(B) $5,500,000 shall remain available until expended
for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,780,000, of which—
(A) $2,400,000 shall remain available until September
30, 2022, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended
for direct payments to such academies;
(C) $3,800,000 shall remain available until expended
for training ship fuel assistance;
(D) $8,080,000 shall remain available until expended
for offsetting the costs of training ship sharing. and
(E) $30,500,000 shall remain available until expended
for maintenance and repair of State maritime academy
training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $388,815,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime Administration operations and programs, $67,148,000, of which—
(A) $3,000,000 shall remain available until expended
for activities authorized under section 50307 of title 46,
United States Code; and
(B) $9,775,000 shall remain available until expended
for the Marine Highways Program.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title
46, United States Code, $494,008,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which—
(A) $30,000,000 shall remain available until expended
for the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section
54101 of title 46, United States Code, $20,000,000, which shall
remain available until expended.
(9) For expenses necessary to implement the Port and
Intermodal Improvement Program, $750,000,000, except that
no such funds may be used to provide a grant to purchase
fully automated cargo handling equipment that is remotely

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134 STAT. 4397

operated or remotely monitored with or without the exercise
of human intervention or control, if the Secretary determines
such equipment would result in a net loss of jobs within a
port or port terminal.
(b) AMOUNT OF FISCAL YEAR 2021 CONTRACTOR PAYMENTS
UNDER OPERATING AGREEMENTS.—Section 53106(a)(1)(B) of title
46, United States Code, is amended by striking ‘‘$5,233,463’’ and
inserting ‘‘$8,233,463’’.
(c) CONFORMING AMENDMENT.—Title 46, United States Code,
is further amended—
(1) in section 53111(2), by striking ‘‘$314,007,780’’ and
inserting ‘‘$494,008,000’’; and
(2) in section 54101(i), by striking ‘‘for each of fiscal years
2020 and 2021 to carry out this section $40,000,000’’ and
inserting ‘‘for fiscal year 2021 to carry out this section
$20,000,000’’.

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SEC. 3502. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION
AND VESSEL-INSPECTION LAWS AND APPROVING FOREIGN VESSEL CHARTERS FOR PASSENGER VESSELS.

(a) IMPROVEMENTS TO WAIVER PROCESS.—
(1) IN GENERAL.—Section 501 of title 46, United States
Code, is amended—
(A) by striking subsection (a) and inserting the following new subsection (a):
‘‘(a) ON REQUEST OF SECRETARY OF DEFENSE.—
‘‘(1) IN GENERAL.—On request of the Secretary of Defense,
the head of an agency responsible for the administration of
the navigation or vessel-inspection laws shall waive compliance
with those laws to the extent the Secretary considers necessary
in the interest of national defense to address an immediate
adverse effect on military operations.
‘‘(2) SUBMITTAL OF EXPLANATION TO CONGRESS.—Not later
than 24 hours after making a request under paragraph (1),
the Secretary of Defense shall submit to the Committee on
Transportation and Infrastructure and the Committee on
Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate a written explanation
of the circumstances requiring such a waiver in the interest
of national defense, including a confirmation that there are
insufficient qualified vessels to meet the needs of national
defense without such a waiver.’’;
(B) in subsection (b)—
(i) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(ii) by inserting after paragraph (1) the following
new paragraph (2):
‘‘(2) DURATION OF WAIVER.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), a waiver issued under this subsection shall be for
a period of not more than 10 days.
‘‘(B) WAIVER EXTENSION.—Upon the termination of the
period of a waiver issued under this subsection, the head
of an agency may extend the waiver for an additional

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Deadline.
Web posting.

Effective date.
46 USC 501 note.
Time periods.
Public
information.
Web posting.
46 USC 56101
note.
Summary.

PUBLIC LAW 116–283—JAN. 1, 2021

period of not more than 10 days, if the Maritime Administrator makes the determinations referred to in paragraph
(1).
‘‘(C) AGGREGATE DURATION.—The aggregate duration
of the period of all waivers and extensions of waivers
under this subsection with respect to any one set of events
shall not exceed 45 days.’’; and
(iii) in paragraph (4), as so redesignated—
(I) in subparagraph (B)(ii), by striking ‘‘paragraph (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’; and
(II) by adding at the end the following new
subparagraph:
‘‘(C) NOTIFICATION REQUIRED FOR EXTENSIONS.—For
purposes of this paragraph, an extension requested or
issued under paragraph (2)(B) shall be treated in the same
manner as a waiver requested or issued under this subsection.’’;
(C) by redesignating subsection (c) as subsection (d);
and
(D) by inserting after subsection (b) the following new
subsection:
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Not later than 10 days after the date
of the conclusion of the voyage of a vessel that, during such
voyage, operated under a waiver issued under this section,
the owner or operator of the vessel shall submit to the Maritime
Administrator a report that includes—
‘‘(A) the name and flag of the vessel;
‘‘(B) the dates of the voyage;
‘‘(C) any relevant ports of call; and
‘‘(D) any other information the Maritime Administrator
determines necessary.
‘‘(2) PUBLICATION.—Not later than 48 hours after receiving
a report under paragraph (1), the Maritime Administrator shall
publish such report on an appropriate website of the Department of Transportation.’’.
(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply with respect to waivers issued after the date
of the enactment of this Act.
(b) FOREIGN VESSEL CHARTERS FOR PASSENGER VESSELS.—For
fiscal year 2020 and each subsequent fiscal year, the Maritime
Administrator shall make publicly available on an appropriate
website of the Maritime Administration—
(1) a detailed summary of each request for a determination,
approval, or confirmation that a vessel charter for a passenger
vessel is encompassed by the general approval of time charters
issued pursuant to section 56101 of title 46, United States
Code, or regulations prescribed pursuant to such section; and
(2) the final action of the Administration with respect to
such request, after the provision of notice and opportunity
for public comment.

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SEC. 3503. SUPERINTENDENT OF THE UNITED STATES MERCHANT
MARINE ACADEMY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that,
due to the unique mission of the United States Merchant Marine
Academy, it is highly desirable that the Superintendent of the

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134 STAT. 4399

Academy be a graduate of the Academy in good standing and
have attained an unlimited merchant marine officer’s license.
(b) QUALIFICATIONS OF SUPERINTENDENT.—Section 51301(c)(2)
of title 46, United States Code, is amended—
(1) in subparagraph (A)(i), by inserting after ‘‘attained’’
the following ‘‘the rank of Captain, Chief Mate, or Chief Engineer in the merchant marine of the United States, or’’; and
(2) in subparagraphs (B)(i)(I) and (C)(i), by inserting ‘‘merchant marine,’’ before ‘‘Navy,’’.

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SEC. 3504. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND
TERMINALS.

Section 50302 of title 46, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘or subsection (d)’’ after ‘‘this subsection’’;
and
(ii) in subparagraph (G), by inserting ‘‘, including
the owners or operators of a facility, or collection of
facilities at a port’’ after ‘‘private entities’’;
(B) in paragraph (5)—
(i) in subparagraph (A), by inserting ‘‘or subsection
(d)’’ after ‘‘this subsection’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘60’’ and inserting ‘‘90’’; and
(II) by inserting ‘‘or subsection (d)’’ after ‘‘this
subsection’’;
(C) in paragraph (6), by striking subparagraph (C);
(D) in paragraph (7)—
(i) in subparagraph (B)—
(I) by striking ‘‘25 percent’’ and inserting ‘‘18
percent’’; and
(II) by striking ‘‘paragraph (3)(A)’’ and all that
follows through the period at the end of clause
(ii) and inserting ‘‘subsection (d). The requirement
under paragraph (6)(A)(ii) shall not apply to grants
made under subsection (d).’’; and
(ii) by striking subparagraph (C) and inserting
the following:
‘‘(C) DEVELOPMENT PHASE ACTIVITIES.—Of the amounts
made available for grants under this section for a fiscal
year—
‘‘(i) not more than 10 percent may be used to
make grants for development phase activities under
paragraph (3)(B); and
‘‘(ii) not more than 10 percent may be used to
make grants for development phase activities under
subsection (d)(3)(A)(ii)(III).’’;
(E) in paragraph (8)—
(i) in subparagraph (A)—
(I) by inserting ‘‘or subsection (d)’’ after ‘‘this
subsection’’ the first place it appears; and
(II) by striking ‘‘a project under this subsection’’ and inserting ‘‘the project for which the
grant is requested’’;
(ii) in subparagraph (B)—

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Grants.
Time period.
Determination.
Audit.

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(I) in clause (i) by striking ‘‘under this subsection’’ and inserting ‘‘under this subsection or
subsection (d)’’; and
(II) in clause (ii) by inserting ‘‘for which a
grant is awarded under subsection (d) or that is’’
after ‘‘project’’; and
(F) in paragraph (9), by inserting ‘‘for grants made
under this subsection and subsection (d)’’ after ‘‘procedures’’;
(G) in paragraph (10), by inserting ‘‘or subsection (d)’’
after ‘‘this subsection’’;
(H) in paragraph (11)—
(i) in subparagraph (A)—
(I) by striking ‘‘under this subsection’’ and
inserting ‘‘to make grants for port development
under this section’’; and
(II) by striking ‘‘to carry out this subsection’’
and inserting ‘‘to make grants for port development
under this section’’;
(ii) in subparagraph (B)—
(I) in clause (i), by striking ‘‘for carrying out
this subsection’’ and inserting ‘‘to make grants for
port development under this section’’; and
(II) in clause (ii)—
(aa) by striking ‘‘under this subsection’’
and inserting ‘‘for port development under this
section’’;
(bb) by inserting ‘‘or that are returned
under paragraph (9)(C)’’ after ‘‘the award’’; and
(cc) by adding at the end the following
new sentence: ‘‘Any such amount may only
be expended to award a grant under the same
subsection of this section under which the
original grant was made.’’; and
(I) in paragraph (12)—
(i) by inserting ‘‘and subsection (d)’’ after ‘‘this
subsection’’; and
(ii) by striking subparagraph (A) and redesignating
subparagraphs (B) through (D) as subparagraphs (A)
through (C), respectively;
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following new subsection (d):
‘‘(d) ASSISTANCE FOR SMALL INLAND AND COASTAL PORTS AND
TERMINALS.—
‘‘(1) IN GENERAL.—From amounts reserved under subsection (c)(7)(B), the Secretary, acting through the Administrator of the Maritime Administration, shall make grants under
this subsection to eligible applicants for eligible projects at
a port, to and from which the average annual tonnage of
cargo for the immediately preceding 3 calendar years from
the time an application is submitted is less than 8,000,000
short tons, as determined using United States Army Corps
of Engineers data or data provided by an independent audit
the findings of which are acceptable to the Secretary.
‘‘(2) AWARDS.—In providing assistance under this subsection, the Secretary shall—

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134 STAT. 4401

‘‘(A) take into account—
‘‘(i) the economic advantage and the contribution
to freight transportation at a port; and
‘‘(ii) the competitive disadvantage of such a port;
‘‘(B) not make more than 1 award per applicant under
this subsection for each fiscal year appropriation; and
‘‘(C) take into consideration the degree to which a
project would promote the enhancement and efficiencies
of a port.
‘‘(3) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Assistance provided under this subsection may be used for a project that—
‘‘(i) is—
‘‘(I) within the boundary of a port; or
‘‘(II) outside the boundary of a port, but is
directly related to port operations or to an intermodal connection to a port; and
‘‘(ii) for—
‘‘(I) making capital improvements, including
to piers, wharves, docks, terminals, and similar
structures used principally for the movement of
goods;
‘‘(II) acquiring, improving, repairing, or
maintaining transportation or physical infrastructure, buildings, or equipment;
‘‘(III) performing development phase activities
described in subsection (c)(3)(B) related to carrying
out an activity described in this clause; and
‘‘(IV) otherwise fulfilling the purposes for
which such assistance is provided.
‘‘(B) ACQUISITION METHODS.—The Secretary may not
require as a condition of issuing a grant under this subsection—
‘‘(i) direct ownership of either a facility or equipment to be procured using funds awarded under this
subsection; or
‘‘(ii) that equipment procured using such funds
be new.
‘‘(4) PROHIBITED USES.—Funds provided under this subsection may not be used for—
‘‘(A) projects conducted on property outside the
boundary of a port unless such property is directly related
to port operations or to an intermodal connection to a
port;
‘‘(B) any single grant award more than 10 percent
of total allocation of funds to carry out this subsection
per fiscal year appropriation; or
‘‘(C) activities, including channel improvements or
harbor deepening that is part of a Federal channel or
an access channel associated with a Federal channel,
authorized, as of the date of the application for assistance
under this subsection, to be carried out by of the United
States Army Corps of Engineers.
‘‘(5) MATCHING REQUIREMENTS.—
‘‘(A) IN GENERAL.—Any costs of the project to be paid
by the recipient’s matching share pursuant to subsection
(c)(8)(B) may—

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‘‘(i) be incurred prior to the date on which assistance is provided; and
‘‘(ii) include a loan agreement, a commitment from
investors, cash on balance sheet, or other contributions
determined acceptable by the Secretary.
‘‘(B) DETERMINATION OF EFFECTIVENESS.—In determining whether a project meets the criteria under clauses
(i), (iii), (iv), (v), and (vi) of subsection (c)(6)(A), the Secretary shall accept documentation used to obtain a commitment of the matching funds covered by this paragraph,
including feasibility studies, business plans, investor
prospectuses, loan applications, or similar documentation.’’;
and
(4) in subsection (e)(3), as so redesignated—
(A) by inserting ‘‘or subsection (d)’’ after ‘‘subsection
(c)’’; and
(B) by striking ‘‘to port authorities or commissions
or their subdivisions and agents’’ and inserting ‘‘to any
eligible applicants as described in subsection (c)(2)’’.

SEC. 3505. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF
PROGRAM.

(a) IN GENERAL.—Chapter 503 of title 46, United States Code,
is amended by adding at the end the following:
Audit.
Grants.
Contracts.
Determination.

Time periods.

Consultation.
Determination.

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Determination.

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‘‘§ 50308. Maritime transportation system emergency relief
program
‘‘(a) GENERAL AUTHORITY.—The Maritime Administrator may
make grants to, and enter into contracts and agreement with,
eligible State and Tribal entities and eligible entities for—
‘‘(1) the costs of capital projects to protect, repair,
reconstruct, or replace equipment and facilities of the United
States maritime transportation system that the Maritime
Administrator determines is in danger of suffering serious physical damage, or has suffered serious physical damage, as a
result of an emergency; and
‘‘(2) eligible operating costs of United States maritime
transportation equipment and facilities in an area directly
affected by an emergency during—
‘‘(A) the one-year period beginning on the date of a
declaration of an emergency referred to in subparagraph
(A) or (B) of subsection (j)(4); and
‘‘(B) an additional one-year period beginning one year
after the date of an emergency referred to in subparagraph
(A) or (B) of subsection (j)(4), if the Maritime Administrator,
in consultation with the Administrator of the Federal Emergency Management Administration, determines there is a
compelling need arising out of the emergency for which
the declaration is made.
‘‘(b) ALLOCATION.—
‘‘(1) IN GENERAL.—The Maritime Administrator shall determine an appropriate method for the equitable allocation and
distribution of funds under this section to eligible State and
Tribal entities and eligible entities.

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134 STAT. 4403

‘‘(2) PRIORITY.—To the extent practicable, in allocating and
distributing funds under this section, the Maritime Administrator shall give priority to applications submitted by eligible
State or Tribal entities.
‘‘(c) APPLICATIONS.—An applicant for assistance under this section shall submit an application for such assistance to the Maritime
Administrator at such time, in such manner, and containing such
information and assurances as the Maritime Administrator may
require.
‘‘(d) COORDINATION OF EMERGENCY FUNDS.—
‘‘(1) USE OF FUNDS.—Funds appropriated to carry out this
section shall be in addition to any other funds available under
this chapter.
‘‘(2) NO EFFECT ON OTHER GOVERNMENT ACTIVITY.—The
provision of funds under this section shall not affect the ability
of any other agency of the Government, including the Federal
Emergency Management Agency, or a State agency, a local
governmental entity, organization, or person, to provide any
other funds otherwise authorized by law.
‘‘(e) GRANT REQUIREMENTS.—A grant awarded under this section that is made to address an emergency referred to in subsection
(j)(4)(B) shall be—
‘‘(1) subject to the terms and conditions the Maritime
Administrator determines are necessary;
‘‘(2) made only for expenses that are not reimbursed under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any Federal, State, or
local assistance program; and
‘‘(3) made only for expenses that are not reimbursed under
any type of marine insurance.
‘‘(f) FEDERAL SHARE OF COSTS.—The Federal share payable
of the costs for which a grant is made under this section shall
be 100 percent.
‘‘(g) ADMINISTRATIVE COSTS.—Of the amounts available to carry
out this section, not more than two percent may be used for administration of this section.
‘‘(h) QUALITY ASSURANCE.—The Maritime Administrator shall
institute adequate policies, procedures, and internal controls to
prevent waste, fraud, abuse, and program mismanagement for the
distribution of funds under this section.
‘‘(i) REPORTS.—On an annual basis, the Maritime Administrator
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
financial assistance provided under this section during the year
covered by the report. Each such report shall include, for such
year, a description of such assistance provided and of how such
assistance—
‘‘(1) affected the United States maritime transportation
system;
‘‘(2) mitigated the financial impact of the emergency on
the recipient of the assistance; and
‘‘(3) protected critical infrastructure in the United States.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE STATE OR TRIBAL ENTITY.—The term ‘eligible
State or Tribal entity’ means—
‘‘(A) a port authority; or

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(B) a vessel owned and operated by a State or Tribal
government and facilities associated with the operation
of such vessel.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
public or private entity that is created or organized in the
United States or under the laws of the United States, with
significant operations in and a majority of its employees based
in the United States, that is engaged in—
‘‘(A) vessel construction, transportation by water, or
support activities for transportation by water with an
assigned North American Industry Classification System
code beginning with 3366, 483, 4883, or 6113, or in the
case of such construction, transportation, or support activities conducted by a fish processing vessel, such an assigned
code beginning with 3117; or
‘‘(B) as determined by the Secretary of Transportation—
‘‘(i) construction or water transportation related
to activities described in subparagraph (A); or
‘‘(ii) maritime education and training.
‘‘(3) ELIGIBLE OPERATING COSTS.—The term ‘eligible operating costs’ means costs relating to—
‘‘(A) emergency response;
‘‘(B) cleaning;
‘‘(C) sanitization;
‘‘(D) janitorial services;
‘‘(E) staffing;
‘‘(F) workforce retention;
‘‘(G) paid leave;
‘‘(H) procurement and use of protective health equipment, testing, and training for employees and contractors;
‘‘(I) debt service payments;
‘‘(J) infrastructure repair projects;
‘‘(K) fuel; and
‘‘(L) other maritime transportation system operations,
as determined by the Secretary of Transportation;
‘‘(4) EMERGENCY.—The term ‘emergency’ means a natural
disaster affecting a wide area (such as a flood, hurricane, tidal
wave, earthquake, severe storm, or landslide) or a catastrophic
failure from any external cause, that impacts the United States
maritime transportation system and as a result of which—
‘‘(A) the Governor of a State has declared an emergency
and the Maritime Administrator, in consultation with the
Administrator of the Federal Emergency Management
Administration, has concurred in the declaration;
‘‘(B) the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170);
‘‘(C) national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.) is in effect; or
‘‘(D) a public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d) is in effect.’’.

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(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following:

46 USC 50301
prec.

‘‘50308. Port development; maritime transportation system emergency relief program.’’.

(c) INCLUSION OF COVID–19 PANDEMIC PUBLIC HEALTH
GENCY.—For purposes of section 50308 of title 46, United

EMERStates
Code, as added by subsection (a), the public health emergency
declared pursuant to section 319 of the Public Health Service Act
(42 U.S.C. 247d) resulting from the COVID–19 pandemic shall
be treated as an emergency.

46 USC 50308
note.

SEC. 3506. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER
SECURITY FLEET VESSELS.

Section 51307 of title 46, United States Code, is amended
by striking subsection (b) and inserting the following:
‘‘(b) SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER
SECURITY FLEET VESSELS.—The Secretary shall require an operator
of a vessel participating in the Maritime Security Program under
chapter 531 of this title, the Cable Security Fleet under chapter
532 of this title, or the Tanker Security Fleet under chapter 534
of this title to carry on each Maritime Security Program vessel,
Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United
States Merchant Marine Academy cadets, if available, on each
voyage.’’.

Requirement.

SEC. 3507. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME
WORKFORCE TRAINING AND EDUCATION: TECHNICAL
AMENDMENTS.

(a) REDESIGNATION AND TRANSFER OF SECTION.—Section 54102
of title 46, United States Code, is redesignated as section 51706
of such title and transferred to appear after section 51705 of such
title.
(b) CLERICAL AMENDMENTS.—Title 46, United States Code, is
amended—
(1) in the analysis for chapter 541, by striking the item
relating to section 54102; and
(2) in the analysis for chapter 517, by striking the item
relating to section 51705 and inserting the following:

46 USC 54101
prec.
46 USC 51701
prec.

‘‘51705. Training for use of force against piracy.
‘‘51706. Center of excellence for domestic maritime workforce training and education.’’.
SEC. 3508. MERCHANT MARINER TRAINING AND EDUCATION.

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(a) IN GENERAL.—Chapter 517 of title 46, United States Code,
as amended by this Act, is further amended by adding at the
end the following:
‘‘§ 51707. Merchant mariner recruitment, training, and retention strategic plan
‘‘(a) STRATEGIC PLAN.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of the enactment of this section, and at least once every five
years thereafter until the termination date under paragraph
(6), the Secretary of Transportation, acting through the
Administrator of the Maritime Administration, shall publish
in the Federal Register a plan to recruit, train, and retain
merchant mariners for the five-year period following the date

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46 USC 51707.

Deadline.
Time period.
Federal Register,
publication.

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134 STAT. 4406

Records.

Determination.

46 USC 51701
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

of publication of the most recently published plan under this
paragraph.
‘‘(2) CONTENTS.—A plan published under paragraph (1)
shall contain—
‘‘(A) a strategy to address merchant mariner recruitment, training, and retention issues in the United States;
and
‘‘(B) demonstration and research priorities concerning
merchant mariner recruitment, training, and retention.
‘‘(3) FACTORS.—In developing a plan under paragraph (1),
the Secretary shall take into account, at a minimum—
‘‘(A) the availability of existing research (as of the
date of publication of the plan); and
‘‘(B) the need to ensure results that have broad applicability for the United States merchant marine workforce
development.
‘‘(4) CONSULTATION.—In developing a plan under paragraph
(1), the Secretary shall consult with representatives of the
maritime industry, labor organizations, including the Commander of the Transportation Command and the Commander
of the Military Sealift Command, and other governmental entities and stakeholders in the maritime industry.
‘‘(5) TRANSMITTAL TO CONGRESS.—The Secretary shall
transmit copies of any plan published under paragraph (1)
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
‘‘(6) TERMINATION DATE.—The requirement to publish a
plan under this paragraph shall terminate on the date that
the Administrator of the Maritime Administration determines
that there is an adequate number of United States mariners
for sustained strategic sealift.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by adding at the end the following:
‘‘51707. Merchant mariner recruitment, training, and retention strategic plan.’’.

Coordination.

Recommendations.

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Deadline.

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(c) STUDY AND REPORT ON FINANCIAL ASSISTANCE FOR TRAINING
MERCHANT MARINERS.—
(1) STUDY REQUIRED.—The Administrator of the Maritime
Administration, in coordination with the Secretary of Education, the Secretary of Labor, and the Secretary of Veterans
Affairs, shall conduct a study to—
(A) identify Federal financial assistance available for
the training of United States merchant mariners, including
those working to receive a Standards of Training, Certification and Watchkeeping endorsement under subchapter
B of chapter 1 of title 46, Code of Federal Regulations;
(B) identify individuals eligible for assistance described
in subparagraph (A); and
(C) develop recommendations to improve licensed and
unlicensed merchant mariner access to assistance described
in subparagraph (A).
(2) REPORT AND BRIEFING.—Not later than 180 days after
the date of the enactment of this Act, the Administrator of
the Maritime Administration shall—
(A) provide to Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4407

Senate a briefing on the results of the study required
under paragraph (1); and
(B) make such results publicly available on an appropriate website.

Public
information.
Web posting.

SEC. 3509. PUBLICATION OF INFORMATION ABOUT STUDENTS AND
RECENT GRADUATES OF MARITIME ACADEMIES.

Not later than one year after the date of the enactment of
this Act, the Maritime Administrator shall make publicly available
on an appropriate website data, as available, on the following:
(1) The number of individuals who graduated from the
United States Merchant Marine Academy and from each State
Maritime Academy during the five-year period preceding the
date of the enactment of this Act.
(2) The number of such individuals who have become
employed in, or whose status qualifies under, each of the following categories:
(A) Maritime Afloat.
(B) Maritime Ashore.
(C) Armed Forces of the United States.
(D) Non-maritime.
(E) Graduate studies.
(F) Unknown.
(3) The number of students in each class at each State
Maritime Academy who are receiving as of the date of the
enactment of this Act, or who received during such five-year
period, funds under the student incentive payment program
under section 51509 of title 46, United States Code.
(4) The number of students described under paragraph
(3) who used partial student incentive payments and who graduated without an obligation under such program.
(5) The number of students described under paragraph
(3) who graduated with an obligation under such program.

Deadline.
Public
information.
Web posting.
Data.
Time period.

Effective date.
Time period.

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SEC. 3510. MARINER LICENSING AND CREDENTIALING FOR M/V
LISERON.

(a) IN GENERAL.—Except as provided in subsection (b) and
subject to subsection (c), for purposes of licensing and credentialing
of mariners, the Secretary of Homeland Security shall prescribe
a tonnage measurement as a small passenger vessel, as defined
in section 2101 of title 46, United States Code, for the M/V
LISERON (United States official number 971339) for purposes of
applying the optional regulatory measurement under section 14305
and under chapter 145 of such title.
(b) EXCEPTION.—Subsection (a) shall not apply with respect
to the vessel referred to in such subsection if the length of the
vessel exceeds its length on the date of enactment of this Act.
(c) RESTRICTIONS.—The vessel referred to in subsection (a) is
subject to the following restrictions:
(1) The vessel may not operate outside the inland waters
of the United States, as established under section 151 of title
33, United States Code, when carrying passengers for hire
and operating under subsection (a).
(2) The Secretary may issue a restricted credential as
appropriate for a licensed individual employed to serve on
such vessel under prescribed regulations.

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Applicability.

Effective date.

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134 STAT. 4408

PUBLIC LAW 116–283—JAN. 1, 2021

Subtitle B—Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
46 USC 53401
prec.

(a) IN GENERAL.—Part C of subtitle V of title 46, United States
Code, is amended by inserting after chapter 533 the following
new chapter:
‘‘CHAPTER 534—TANKER SECURITY FLEET
‘‘53401.
‘‘53402.
‘‘53403.
‘‘53404.
‘‘53405.
‘‘53406.
‘‘53407.
‘‘53408.
‘‘53409.
‘‘53410.
‘‘53411.
‘‘53412.

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46 USC 53401.

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Definitions.
Establishment of the Tanker Security Fleet.
Award of operating agreements.
Effectiveness of operating agreements.
Obligations and rights under operating agreements.
Payments.
National security requirements.
Regulatory relief.
Special rule regarding age of participating Fleet vessels.
Regulations.
Authorization of appropriations.
Acquisition of Fleet vessels.

‘‘§ 53401. Definitions
‘‘In this chapter:
‘‘(1) FOREIGN COMMERCE.—The term ‘foreign commerce’
means—
‘‘(A) commerce or trade between the United States,
its territories or possessions, or the District of Columbia,
and a foreign country; and
‘‘(B) commerce or trade between foreign countries.
‘‘(2) PARTICIPATING FLEET VESSEL.—The term ‘participating
Fleet vessel’ means any product tank vessel covered by an
operating agreement under this chapter on or after January
1, 2022, that—
‘‘(A) meets the requirements of one of paragraphs (1)
through (4) of section 53402(b) of this title; and
‘‘(B) is no more than 20 years of age.
‘‘(3) PERSON.—The term ‘person’ includes corporations, partnerships, and associations existing under, or authorized by,
laws of the United States, or any State, territory, district,
or possession thereof, or any foreign country.
‘‘(4) PRODUCT TANK VESSEL.—The term ‘product tank vessel’
means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum
products.
‘‘(5) PROGRAM PARTICIPANT.—The term ‘program participant’ means an owner or operator of a vessel that enters
into an operating agreement covering a participating fleet vessel
with the Secretary under section 53403.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation, unless the context indicates otherwise.
‘‘(7) UNITED STATES CITIZEN TRUST.—The term ‘United
States citizen trust’—
‘‘(A) means a trust for which—
‘‘(i) each of the trustees is a citizen of the United
States; and
‘‘(ii) the application for documentation of the vessel
under chapter 121 of this title includes an affidavit
of each trustee stating that the trustee is not aware

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4409

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of any reason involving a beneficiary of the trust that
is not a citizen of the United States, or involving any
other person who is not a citizen of the United States,
as a result of which the beneficiary or other person
would hold more than 25 percent of the aggregate
power to influence or limit the exercise of the authority
of the trustee with respect to matters involving any
ownership or operation of the vessel that may adversely
affect the interests of the United States;
‘‘(B) does not include a trust for which any person
that is not a citizen of the United States has authority
to direct, or participate in directing, a trustee for a trust
in matters involving any ownership or operation of the
vessel that may adversely affect the interests of the United
States or in removing a trustee without cause, either
directly or indirectly through the control of another person,
unless the trust instrument provides that persons who
are not citizens of the United States may not hold more
than 25 percent of the aggregate authority to so direct
or remove a trustee; and
‘‘(C) may include a trust for which a person who is
not a citizen of the United States holds more than 25
percent of the beneficial interest in the trust.
‘‘§ 53402. Establishment of the Tanker Security Fleet
‘‘(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Secretary of Defense, shall establish a fleet of active,
commercially viable, militarily useful, privately owned product tank
vessels to meet national defense and other security requirements
and maintain a United States presence in international commercial
shipping. The fleet shall consist of privately owned vessels of the
United States for which there are in effect operating agreements
under this chapter, and shall be known as the ‘Tanker Security
Fleet’ (hereafter in this chapter referred to as the ‘Fleet’).
‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be included
in the Fleet if the vessel—
‘‘(1) meets the requirements under paragraph (1), (2), (3),
or (4) of subsection (c);
‘‘(2) is operated (or in the case of a vessel to be constructed,
will be operated) in providing transportation in United States
foreign commerce;
‘‘(3) is self-propelled;
‘‘(4) is not more than 10 years of age on the date the
vessel is first included in the Fleet;
‘‘(5) is determined by the Secretary of Defense to be suitable
for use by the United States for national defense or military
purposes in time of war or national emergency;
‘‘(6) is commercially viable, as determined by the Secretary
of Transportation; and
‘‘(7) is—
‘‘(A) a vessel of the United States; or
‘‘(B) not a vessel of the United States, but—
‘‘(i) the owner of the vessel has demonstrated an
intent to have the vessel documented under chapter
121 of this title if it is included in the Fleet; and

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46 USC 53402.
Consultation.

PUBL283

134 STAT. 4410

Applicability.

Applicability.

Approval.

Certification.

Contracts.

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Notification.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(ii) at the time an operating agreement is entered
into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.
‘‘(c) REQUIREMENTS REGARDING CITIZENSHIP OF OWNERS,
CHARTERERS, AND OPERATORS.—
‘‘(1) VESSELS OWNED AND OPERATED BY SECTION 50501 CITIZENS.—A vessel meets the requirements of this paragraph if,
during the period of an operating agreement under this chapter
that applies to the vessel, the vessel will be owned and operated
by one or more persons that are citizens of the United States
under section 50501 of this title.
‘‘(2) VESSELS OWNED BY A SECTION 50501 CITIZEN, OR UNITED
STATES CITIZEN TRUST, AND CHARTERED TO A DOCUMENTATION
CITIZEN.—A vessel meets the requirements of this paragraph
if—
‘‘(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will
be—
‘‘(i) owned by a person that is a citizen of the
United States under section 50501 of this title or that
is a United States citizen trust; and
‘‘(ii) demise chartered to a person—
‘‘(I) that is eligible to document the vessel
under chapter 121 of this title;
‘‘(II) the chairman of the board of directors,
chief executive officer, and a majority of the members of the board of directors of which are citizens
of the United States under section 50501 of this
title, and are appointed and subjected to removal
only upon approval by the Secretary of Transportation; and
‘‘(III) that certifies to the Secretary of
Transportation that there are no treaties, statutes,
regulations, or other laws that would prohibit the
program participant for the vessel from performing
its obligations under an operating agreement
under this chapter;
‘‘(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
50501 of this title, the other person enters into an agreement with the Secretary of Transportation not to influence
the operation of the vessel in a manner that will adversely
affect the interests of the United States; and
‘‘(C) the Secretary of Transportation and the Secretary
of Defense notify the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Armed Services and
the Committee on Transportation and Infrastructure of
the House of Representatives that the Secretaries concur
with the certification required under subparagraph
(A)(ii)(III), and have reviewed and agree that there are
no legal, operational, or other impediments that would
prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under
this chapter.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4411

‘‘(3) VESSELS OWNED AND OPERATED BY A DEFENSE CONTRACTOR.—A vessel meets the requirements of this paragraph

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if—
‘‘(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will
be owned and operated by a person that—
‘‘(i) is eligible to document a vessel under chapter
121 of this title;
‘‘(ii) operates or manages other vessels of the
United States for the Secretary of Defense, or charters
other vessels to the Secretary of Defense;
‘‘(iii) has entered into a special security agreement
for the purpose of this paragraph with the Secretary
of Defense;
‘‘(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
‘‘(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph; and
‘‘(B) the Secretary of Transportation and the Secretary
of Defense notify the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Armed Services and
the Committee on Transportation and Infrastructure of
the House of Representatives that they concur with the
certification required under subparagraph (A)(iv), and have
reviewed and agree that there are no legal, operational,
or other impediments that would prohibit the program
participant for the vessel from performing its obligations
under an operating agreement under this chapter.
‘‘(4) VESSELS OWNED BY DOCUMENTATION CITIZENS AND
CHARTERED TO SECTION 50501 CITIZENS.—A vessel meets the
requirements of this paragraph if, during the period of an
operating agreement under this chapter, the vessel will be—
‘‘(A) owned by a person who is eligible to document
a vessel under chapter 121 of this title; and
‘‘(B) demise chartered to a person that is a citizen
of the United States under section 50501 of this title.
‘‘(d) REQUEST BY SECRETARY OF DEFENSE.—The Secretary of
Defense shall request that the Secretary of Homeland Security
issue any waiver under section 501 of this title that the Secretary
of Defense determines is necessary for purposes of this chapter.
‘‘(e) VESSEL STANDARDS.—
‘‘(1) CERTIFICATE OF INSPECTION.—A vessel used to provide
oceangoing transportation the Secretary of the department in
which the Coast Guard is operating determines meets the criteria of subsection (b) but which, on the date of enactment
of this section, is not documented under chapter 121, shall
be eligible for a certificate of inspection if the Secretary of
the department in which the Coast Guard is operating determines that—
‘‘(A) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping, or
another classification society accepted by the Commandant
of the Coast Guard;
‘‘(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by

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Applicability.

Contracts.

Certification.
Contracts.

Notification.

Waivers.
Determination.

Determinations.
Effective date.

Compliance.
Guidelines.

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134 STAT. 4412

the country in which the vessel was documented immediately before becoming documented under chapter 121
of this title; and
‘‘(C) the country has not been identified by the Commandant of the Coast Guard as inadequately enforcing
international vessel regulations as to that vessel.
‘‘(2) CONTINUED ELIGIBILITY FOR CERTIFICATE.—Subsection
(a) shall not apply to any vessel that has failed to comply
with the applicable international agreements and associated
guidelines referred to in paragraph (1)(B).
‘‘(3) RELIANCE ON CLASSIFICATION SOCIETY.—
‘‘(A) IN GENERAL.—The Commandant of the Coast
Guard may rely on a certification from the American
Bureau of Shipping or, subject to subparagraph (B), another
classification society accepted by the Commandant of the
Coast Guard, to establish that a vessel is in compliance
with the requirements of paragraph (1).
‘‘(B) FOREIGN CLASSIFICATION SOCIETY.—The Commandant of the Coast Guard may accept certification from
a foreign classification society under subparagraph (A)
only—
‘‘(i) to the extent that the government of the foreign
country in which the society is headquartered provides
access on a reciprocal basis to the American Bureau
of Shipping; and
‘‘(ii) if the foreign classification society has offices
and maintains records in the United States.

Certification.
Compliance.

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Contracts.
46 USC 53403.
Requirements.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 53403. Award of operating agreements
‘‘(a) IN GENERAL.—The Secretary of Transportation shall
require, as a condition of including any vessel in the Fleet, that
the program participant of the vessel enter into an operating agreement with the Secretary under this section.
‘‘(b) PROCEDURE FOR APPLICATIONS.—
‘‘(1) ELIGIBLE VESSELS.—The Secretary of Transportation
shall accept an application for an operating agreement for
an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into
an operating agreement under this chapter.
‘‘(2) ESTABLISHMENT OF PRIORITY.—The Secretary of
Transportation may enter into a new operating agreement with
an applicant that meets the requirements of section 53402(c)
for a vessel that meets the qualifications of section 53402(b),
and shall give priority to applications based on—
‘‘(A) vessel capabilities, as established by the Secretary
of Defense; then
‘‘(B) after consideration of vessel type, according to
an applicant’s record of owning and operating vessels; then
‘‘(C) after consideration of ownership and operation,
according to such additional priorities as the Secretary
of Transportation may consider appropriate.
‘‘(3) CONCURRENCE OF AWARD.—The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.
‘‘(c) LIMITATION.—For any fiscal year, the Secretary of Transportation may not award operating agreements under this chapter

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that require payments under section 53406 of this title for more
than 10 vessels.
‘‘(d) JUDICIAL REVIEW.—No court shall have jurisdiction to
review the Secretary’s decision with respect to the award or nonaward of an operating agreement issued under this chapter.
‘‘§ 53404. Effectiveness of operating agreements
‘‘(a) IN GENERAL.—Subject to the availability of appropriations
for such purpose, the Secretary may enter into an operating agreement under this chapter for fiscal year 2022 and any subsequent
fiscal year. The agreement shall be effective only for 1 fiscal year,
but shall be renewable, subject to the availability of appropriations,
for each fiscal year through the end of fiscal year 2035.
‘‘(b) VESSELS UNDER CHARTER TO THE UNITED STATES.—The
program participant of a vessel under charter to the United States
is eligible to receive payments pursuant to any operating agreement
that covers such vessel.
‘‘(c) TERMINATION.—
‘‘(1) TERMINATION BY SECRETARY FOR LACK OF PROGRAM
PARTICIPANT COMPLIANCE.—If the program participant with
respect to an operating agreement materially fails to comply
with the terms of the agreement—
‘‘(A) the Secretary shall notify the program participant
and provide a reasonable opportunity to comply with the
operating agreement; and
‘‘(B) the Secretary shall terminate the operating agreement if the program participant fails to achieve such
compliance.
‘‘(2) TERMINATION BY PROGRAM PARTICIPANT.—If a program
participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by
not later than 60 days prior to the date specified by the program
participant for such termination, such agreement shall terminate on the date specified by the program participant.
‘‘(d) NONRENEWAL FOR LACK OF FUNDS.—If, by the first day
of a fiscal year, sufficient funds have not been appropriated under
the authority provided by this chapter for that fiscal year, then
the Secretary shall notify the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of Representatives that operating agreements authorized under this chapter for
which sufficient funds are not available will not be renewed for
that fiscal year if sufficient funds are not appropriated by the
60th day of that fiscal year.
‘‘(e) RELEASE OF VESSELS FROM OBLIGATIONS.—If funds are
not appropriated for payments under an operating agreement under
this chapter for any fiscal year by the 60th day of that fiscal
year, then—
‘‘(1) each vessel covered by the operating agreement is
thereby released from any further obligation under the operating agreement;
‘‘(2) the program participant for the vessel may transfer
and register such vessel under a foreign registry that is acceptable to the Secretary of Transportation and the Secretary of
Defense, notwithstanding section 56101 of this title; and

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Contracts.
Deadlines.
46 USC 53404.

Time period.

Notification.

Notification.

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134 STAT. 4414

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(3) if chapter 563 of this title is applicable to the vessel
after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563 of this title.

Contracts.
46 USC 53405.
Requirements.

Requirements.

Determination.

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Coordination.

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‘‘§ 53405. Obligations and rights under operating agreements
‘‘(a) OPERATION OF VESSEL.—An operating agreement under
this chapter shall require that, during the period the vessel covered
by the agreement is operating under the agreement the vessel
shall—
‘‘(1) be operated in the United States foreign commerce,
mixed United States foreign commerce and domestic trade
allowed under a registry endorsement issued under section
12111 of this title, in foreign-to-foreign commerce, or under
a charter to the United States;
‘‘(2) not be operated in the coastwise trade except as
described in paragraph (1); and
‘‘(3) be documented under chapter 121 of this title.
‘‘(b) ANNUAL PAYMENTS BY THE SECRETARY.—
‘‘(1) IN GENERAL.—An operating agreement under this
chapter shall require, subject to the availability of appropriations, that the Secretary make a payment to the program
participant in accordance with section 53406.
‘‘(2) OPERATING AGREEMENT IS AN OBLIGATION OF THE
UNITED STATES GOVERNMENT.—An operating agreement under
this chapter constitutes a contractual obligation of the United
States Government to pay the amounts provided for in the
agreement to the extent of actual appropriations.
‘‘(c) DOCUMENTATION REQUIREMENT.—Each vessel covered by
the operating agreement, including an agreement terminated under
section 53404(c)(2), shall remain documented under chapter 121
of this title until the date the operating agreement would terminate
according to its terms.
‘‘(d) NATIONAL SECURITY REQUIREMENTS.—
‘‘(1) IN GENERAL.—A program participant with respect to
an operating agreement, including an agreement terminated
under section 53404(c)(2), shall continue to be bound by the
provisions of section 53407 until the date the operating agreement would terminate according to its terms.
‘‘(2) EMERGENCY PREPAREDNESS AGREEMENT.—All terms
and conditions of an Emergency Preparedness Agreement
entered into under section 53407 shall remain in effect until
the date the operating agreement would terminate according
to its terms, except that the terms of such Emergency Preparedness Agreement may be modified by the mutual consent of
the program participant, the Secretary of Transportation, and
the Secretary of Defense.
‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A program participant may transfer an operating agreement (including all rights
and obligations under the agreement) to any person that is eligible
to enter into that operating agreement under this chapter, if the
Secretary of Transportation and the Secretary of Defense determine
that the transfer is in the best interests of the United States.
‘‘(f) REPLACEMENT OF VESSELS COVERED BY AGREEMENTS.—
A program participant may replace the vessel with another vessel
that is eligible to be included in the Fleet under section 53402(b),
if the Secretary of Transportation, in coordination with the Secretary of Defense, approves the replacement of the vessel. No court

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4415

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shall have jurisdiction to review a decision by the Secretary of
Transportation or the Secretary of Defense pertaining to the replacement of a vessel under this section.
‘‘§ 53406. Payments
‘‘(a) ANNUAL PAYMENT.—Subject to the availability of appropriations for such purpose and the other provisions of this chapter,
the Secretary shall pay to program participant for an operating
agreement under this chapter an amount equal to $6,000,000 for
each vessel covered by the agreement for each fiscal year that
the vessel is covered by the agreement. Such amount shall be
paid in equal monthly installments on the last day of each month.
The amount payable under this subsection may not be reduced
except as provided by this section.
‘‘(b) CERTIFICATION REQUIRED FOR PAYMENT.—As a condition
of receiving payment under this section for a fiscal year for a
vessel, the program participant shall certify, in accordance with
regulations issued by the Secretary, that the vessel has been and
will be operated in accordance with section 53405(a) of this title
for at least 320 days during the fiscal year. Days during which
the vessel is drydocked, surveyed, inspected, or repaired shall be
considered days of operation for purposes of this subsection.
‘‘(c) GENERAL LIMITATIONS.—The Secretary may not make any
payment under this chapter for a vessel with respect to any days
for which the vessel is—
‘‘(1) not operated or maintained in accordance with an
operating agreement under this chapter;
‘‘(2) more than 20 years of age; or
‘‘(3) simultaneously operating under an agreement pursuant to chapter 531 of this title.
‘‘(d) REDUCTIONS IN PAYMENTS.—With respect to payments
under this chapter for a vessel covered by an operating agreement,
the Secretary—
‘‘(1) except as provided in paragraph (2), may not reduce
such a payment for—
‘‘(A) the operation of the vessel to carry military or
other preference cargoes under section 55302(a), 55304,
55305, or 55314 of this title, section 2631 of title 10, or
any other cargo preference law of the United States; or
‘‘(B) any days in which the vessel is operated under
charter to the United States Government;
‘‘(2) may not make such a payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section 55302(a),
55305, or 55314 of this title; and
‘‘(3) shall make a pro rata reduction for each day less
than 320 in a fiscal year that the vessel is not operated in
accordance with section 53405 of this title.
‘‘(e) LIMITATIONS REGARDING NONCONTIGUOUS DOMESTIC
TRADE.—
‘‘(1) IN GENERAL.—No program participant shall receive
payments pursuant to this chapter during a period in which
it participates in noncontiguous domestic trade.
‘‘(2) LIMITATION ON APPLICATION.—Paragraph (1) shall not
apply to a program participant that is a citizen of the United
States within the meaning of section 50501 of this title,
applying the 75 percent ownership requirement of that section.

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46 USC 53406.

Regulations.
Time period.

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134 STAT. 4416

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(3) PARTICIPATES IN A NONCONTIGUOUS TRADE DEFINED.—
In this subsection the term ‘participates in a noncontiguous
domestic trade’ means directly or indirectly owns, charters,
or operates a vessel engaged in transportation of cargo between
a point in the contiguous 48 States and a point in Alaska,
Hawaii, or Puerto Rico, other than a point in Alaska north
of the Arctic Circle.

Contracts.
46 USC 53407.
Coordination.

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Determination.

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‘‘§ 53407. National security requirements
‘‘(a) EMERGENCY PREPAREDNESS AGREEMENT REQUIRED.—The
Secretary of Transportation, in coordination with the Secretary
of Defense, shall establish an emergency preparedness program
under this section under which the program participant for an
operating agreement under this chapter shall agree, as a condition
of the operating agreement, to enter into an emergency preparedness agreement with the Secretary. The Secretary shall negotiate
and enter into an Emergency Preparedness Agreement with each
program participant as promptly as practicable after the program
participant has entered into the operating agreement.
‘‘(b) TERMS OF AGREEMENT.—The terms of an agreement under
this section—
‘‘(1) shall provide that upon request by the Secretary of
Defense during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10), the program participant
shall make available commercial transportation resources
(including services) described in subsection (d) to the Secretary
of Defense;
‘‘(2) shall include such additional terms as may be established by the Secretary of Transportation and the Secretary
of Defense; and
‘‘(3) shall allow for the modification or addition of terms
upon agreement by the Secretary of Transportation and the
program participant and the approval by the Secretary of
Defense.
‘‘(c) PARTICIPATION AFTER EXPIRATION OF OPERATING AGREEMENT.—Except as provided by section 53406, the Secretary of
Transportation may not require, through an emergency preparedness agreement or an operating agreement, that a program participant covered by an operating agreement continue to participate
in an emergency preparedness agreement after the operating agreement has expired according to its terms or is otherwise no longer
in effect. After the expiration of an emergency preparedness agreement, a program participant may voluntarily continue to participate
in the agreement.
‘‘(d) RESOURCES MADE AVAILABLE.—The commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels, terminal
facilities, management services, and other related services, or any
agreed portion of such nonvessel resources for activation as the
Secretary of Defense may determine to be necessary, seeking to
minimize disruption of the program participant’s service to commercial customers.
‘‘(e) COMPENSATION.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
include in each Emergency Preparedness Agreement provisions

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4417

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approved by the Secretary of Defense under which the Secretary
of Defense shall pay fair and reasonable compensation for all
commercial transportation resources provided pursuant to this
section.
‘‘(2) SPECIFIC REQUIREMENTS.—Compensation under this
subsection—
‘‘(A) shall not be less than the program participant’s
commercial market charges for like transportation
resources;
‘‘(B) shall be fair and reasonable considering all circumstances;
‘‘(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense until
the time it is redelivered to the program participant and
is available to reenter commercial service; and
‘‘(D) shall be in addition to and shall not in any way
reflect amounts payable under section 53406 of this title.
‘‘(f) TEMPORARY REPLACEMENT VESSELS.—Notwithstanding section 55302(a), 55304, 55305, or 55314 of this title, section 2631
of title 10, or any other cargo preference law of the United States—
‘‘(1) a program participant may operate or employ in foreign
commerce a foreign-flag vessel or foreign-flag vessel capacity
as a temporary replacement for a vessel of the United States
or vessel of the United States capacity that is activated by
the Secretary of Defense under an emergency preparedness
agreement or a primary Department of Defense sealift-approved
readiness program; and
‘‘(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to sections 55302(a), 55304, 55305, and 55314
of this title and section 2631 of title 10, United States Code,
to the same extent as the eligibility of the vessel or vessel
capacity replaced.
‘‘(g) REDELIVERY AND LIABILITY OF THE UNITED STATES FOR
DAMAGES.—
‘‘(1) IN GENERAL.—All commercial transportation resources
activated under an emergency preparedness agreement shall,
upon termination of the period of activation, be redelivered
to the program participant in the same good order and condition
as when received, less ordinary wear and tear, or the Secretary
of Defense shall fully compensate the program participant for
any necessary repair or replacement.
‘‘(2) LIMITATION ON UNITED STATES LIABILITY.—Except as
may be expressly agreed in an emergency preparedness agreement, or as otherwise provided by law, the Government shall
not be liable for disruption of a program participant’s commercial business or other consequential damages to the program
participant arising from the activation of commercial transportation resources under an emergency preparedness agreement.
‘‘§ 53408. Regulatory relief
‘‘(a) OPERATION IN FOREIGN COMMERCE.—A program participant
for a vessel included in an operating agreement under this chapter
may operate the vessel in the foreign commerce of the United
States without restriction.
‘‘(b) OTHER RESTRICTIONS.—The restrictions of section 55305(a)
of this title concerning the building, rebuilding, or documentation

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46 USC 53408.

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134 STAT. 4418

of a vessel in a foreign country shall not apply to a vessel for
any day the operator of the vessel is receiving payments for the
operation of that vessel under an operating agreement under this
chapter.
‘‘(c) TELECOMMUNICATIONS EQUIPMENT.—The telecommunications and other electronic equipment on an existing vessel that
is redocumented under the laws of the United States for operation
under an operating agreement under this chapter shall be deemed
to satisfy all Federal Communications Commission equipment
approval requirements, if—
‘‘(1) such equipment complies with all applicable international agreements and associated guidelines as determined
by the country in which the vessel was documented immediately
before becoming documented under the laws of the United
States;
‘‘(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to that
vessel; and
‘‘(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communications Commission equipment approval standards.

Compliance.

46 USC 53409.
Time period.
Determination.

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‘‘§ 53409. Special rule regarding age of participating Fleet
vessels
‘‘Any age restriction under section 53402(b)(4) of this title shall
not apply to a participating Fleet vessel during the 30-month period
beginning on the date the vessel begins operating under an operating agreement under this chapter, if the Secretary determines
that the program participant for the vessel has entered into an
arrangement to obtain and operate under the operating agreement
for the participating Fleet vessel a replacement vessel that, upon
commencement of such operation, will be eligible to be included
in the Fleet under section 53402(b) of this title.

46 USC 53410.

‘‘§ 53410. Regulations
‘‘The Secretary of Transportation and the Secretary of Defense
may each prescribe rules as necessary to carry out their respective
responsibilities under this chapter.

46 USC 53411.

‘‘§ 53411. Authorization of appropriations
‘‘There is authorized to be appropriated for payments under
section 53406, $60,000,000 for each of fiscal years 2022 through
2035, to remain available until expended.

46 USC 53412.

‘‘§ 53412. Acquisition of Fleet vessels
‘‘(a) IN GENERAL.—Upon replacement of a Fleet vessel under
an operating agreement under this chapter, and subject to agreement by the program participant of the vessel, the Secretary of
Transportation is authorized, subject to the concurrence of the
Secretary of Defense, acquire the vessel being replaced for inclusion
in the National Defense Reserve Fleet.
‘‘(b) REQUIREMENTS.—To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall—
‘‘(1) have been covered by an operating agreement under
this chapter for not less than 3 years; and
‘‘(2) meet recapitalization requirements for the Ready
Reserve Force.

Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4419

‘‘(c) FAIR MARKET VALUE.—A fair market value shall be established by the Maritime Administration for acquisition of an eligible
vessel under this section.
‘‘(d) APPROPRIATIONS.—Vessel acquisitions under this section
shall be subject to the availability of appropriations. Amounts made
available to carry out this section shall be derived from amounts
authorized to be appropriated for the National Defense Reserve
Fleet. Amounts authorized to be appropriated to carry out the
Maritime Security Program may not be use to carry out this section.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for subtitle
V of title 46, United States Code, is amended by adding at the
end the following:

46 USC 50101
prec.

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‘‘534. Tanker Security Fleet ..................................................................................53401’’.

(c) DEADLINE FOR ACCEPTING APPLICATIONS.—
(1) IN GENERAL.—The Secretary of Transportation shall
begin accepting applications for enrollment of vessels in the
Tanker Security Fleet established under chapter 534 of title
46, United States Code, as added by subsection (a), by not
later than 60 days after the date of the enactment of this
title.
(2) APPROVAL.—Not later than 90 days after receipt of
an application for the enrollment of a vessel in the Tanker
Security Fleet, the Secretary of Transportation, in coordination
with the Secretary of Defense shall—
(A) approve the application and enter into an operating
agreement with the applicant; or
(B) provide to the applicant a written explanation for
the denial of the application.
(3) VESSELS OPERATING IN MARITIME SECURITY FLEET.—
Notwithstanding the requirements of section 53402(b) of title
46, United States Code, the Secretary of Transportation shall
approve an application submitted under chapter 534 of title
46, United State Code, for a product tank vessel for which
there is, on the date of enactment of this title, an effective
operating agreement under chapter 531 of title 46, United
States Code.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall take effect on the date
on which the Secretary of Defense—
(A) has completed the report on United States flagged
fuel tanker vessel capacity as required by section 3519
of the National Defense Authorization Act for Fiscal Year
2020;
(B) has submitted that report to the appropriate
committees of Congress;
(C) publishes certification—
(i) that a program for United States-flagged fuel
tanker vessels as prescribed in chapter 534 of title
46, United States Code, as amended by this section,
for the purpose of providing additional United Statesflagged fuel tanker vessels is in the national security
interest of the United State; and
(ii) of the number of such additional tankers covered under such a program that could be necessary
to meet Department of Defense wartime requirements.

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46 USC 53402
note.

Coordination.

Approval.
Effective date.

46 USC 53401
note.

Publication.
Certification.

PUBL283

134 STAT. 4420

PUBLIC LAW 116–283—JAN. 1, 2021
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this section the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House
of Representatives.

Subtitle C—Other Matters
SEC. 3521. MARITIME SECURITY AND DOMAIN AWARENESS.
Coordination.

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Deadline.
Contracts.
Consultation.

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(a) PROGRESS REPORT ON MARITIME SECURITY.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Secretary of the
Department in which the Coast Guard is operating, and the
heads of other appropriate Federal agencies, shall submit to
the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate a report on the steps taken
since December 20, 2019, to make further use of the following
mechanisms to combat IUU fishing:
(A) Inclusion of counter-IUU fishing in existing
shiprider agreements to which the United States is a party.
(B) Entry into shiprider agreements that include
counter-IUU fishing with priority flag states and countries
in priority regions with which the United States does not
already have such agreements.
(C) Inclusion of counter-IUU fishing in the mission
of the Combined Maritime Forces.
(D) Inclusion of counter-IUU fishing exercises in the
annual at-sea exercises conducted by the Department of
Defense, in coordination with the United States Coast
Guard.
(E) Development of partnerships similar to the Oceania
Maritime Security Initiative and the Africa Maritime Law
Enforcement Partnership in other priority regions.
(2) ELEMENT.—The report required by paragraph (1) shall
include a description of specific steps taken by the Secretary
of the Navy with respect to each mechanism described in paragraph (1), including a detailed description of any security
cooperation engagement undertaken to combat IUU fishing by
such mechanisms and resulting coordination between the
Department of the Navy and the Coast Guard.
(b) ASSESSMENT OF SERVICE COORDINATION ON MARITIME
DOMAIN AWARENESS.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
enter into an agreement with the Secretary of the department
in which the Coast Guard is operating, in consultation with
the Secretary of Commerce, to assess the available commercial
solutions for collecting, sharing, and disseminating among

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4421

United States maritime services and partner countries maritime domain awareness information relating to illegal maritime
activities, including IUU fishing.
(2) ELEMENTS.—The assessment carried out pursuant to
an agreement under paragraph (1) shall—
(A) build on the ongoing Coast Guard assessment
related to autonomous vehicles;
(B) consider appropriate commercially and academically available technological solutions; and
(C) consider any limitation related to affordability,
exportability, maintenance, and sustainment requirements
and any other factor that may constrain the suitability
of such solutions for use in a joint and combined environment, including the potential provision of such solutions
to one or more partner countries.
(3) SUBMITTAL TO CONGRESS.—Not later than one year after
entering into an agreement under paragraph (1), the Secretary
of the Navy shall submit to the Committee on Armed Services,
the Committee on Commerce, Science, and Transportation, the
Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services,
the Committee on Natural Resources, the Committee on
Transportation and Infrastructure, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House
of Representatives the assessment prepared in accordance with
the agreement.
(c) REPORT ON USE OF FISHING FLEETS BY FOREIGN GOVERNMENTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director of the Office of
Naval Intelligence shall submit to the Committee on Armed
Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee
on Appropriations of the Senate and the Committee on Armed
Services, the Committee on Natural Resources, the Committee
on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House
of Representatives a report on the use by governments of foreign
countries of distant-water fishing fleets as extensions of the
official maritime security forces of such countries.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) An analysis of the manner in which fishing fleets
are leveraged in support of the naval operations and policies of foreign countries more generally.
(B) A consideration of—
(i) threats posed, on a country-by-country basis,
to the fishing vessels and other vessels of the United
States and partner countries;
(ii) risks to Navy and Coast Guard operations of
the United States, and the naval and coast guard
operations of partner countries; and
(iii) the broader challenge to the interests of the
United States and partner countries.
(3) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.

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Deadline.

Analysis.

Classified
information.

PUBL283

134 STAT. 4422

PUBLIC LAW 116–283—JAN. 1, 2021

(d) DEFINITIONS.—In this section, any term that is also used
in the Maritime SAFE Act (subtitle C of title XXXV of Public
Law 116–92) shall have the meaning given such term in that
Act.
SEC. 3522. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC
MARITIME INDUSTRY IN NATIONAL SECURITY.

It is the sense of Congress that—
(1) United States coastwise trade laws promote a strong
domestic trade maritime industry, which supports the national
security and economic vitality of the United States and the
efficient operation of the United States transportation system;
and
(2) a strong commercial maritime industry makes the
United States more secure.

DIVISION D—FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

Compliance.

(a) IN GENERAL.—Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar
amount for the project, program, or activity is hereby authorized,
subject to the availability of appropriations.
(b) MERIT-BASED DECISIONS.—A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of a
dollar amount authorized pursuant to subsection (a) shall—
(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of
title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c)
RELATIONSHIP
TO
TRANSFER
AND
PROGRAMMING
AUTHORITY.—An amount specified in the funding tables in this
division may be transferred or reprogrammed under a transfer
or reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an amount
specified in such funding tables shall not count against a ceiling
on such transfers or reprogrammings under section 1001 or section
1512 of this Act or any other provision of law, unless such transfer
or reprogramming would move funds between appropriation
accounts.
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies
to any classified annex that accompanies this Act.
(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of this
section.

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TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4423

SEC. 4101. PROCUREMENT.
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

003
004
007
008
011
012
013
014
015

018
019
020
021
022
023
024
025
026
027
028
029
031
032
034
035
036
037
038

039
040
041
042
044
045

002
003
004
005

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006
007
008
009
010
011

VerDate Sep 11 2014

FY 2021
Request

Item
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
FUTURE UAS FAMILY .....................................................................
RQ–11 (RAVEN) .................................................................................
ROTARY
AH–64 APACHE BLOCK IIIA REMAN ...........................................
AH–64 APACHE BLOCK IIIA REMAN AP .....................................
UH–60 BLACKHAWK M MODEL (MYP) ........................................
Unjustified costs ..........................................................................
UH–60 BLACKHAWK M MODEL (MYP) AP ..................................
UH–60 BLACK HAWK L AND V MODELS ....................................
CH–47 HELICOPTER ........................................................................
Program increase—F Block II ....................................................
CH–47 HELICOPTER AP ..................................................................
Program increase—F Block II ....................................................
MODIFICATION OF AIRCRAFT
UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) .............
GRAY EAGLE MODS2 ......................................................................
MULTI SENSOR ABN RECON (MIP) .............................................
AH–64 MODS .....................................................................................
Sensors cost growth .....................................................................
CH–47 CARGO HELICOPTER MODS (MYP) .................................
GRCS SEMA MODS (MIP) ................................................................
ARL SEMA MODS (MIP) ...................................................................
EMARSS SEMA MODS (MIP) ..........................................................
UTILITY/CARGO AIRPLANE MODS ..............................................
UTILITY HELICOPTER MODS .......................................................
Program increase .........................................................................
NETWORK AND MISSION PLAN ...................................................
COMMS, NAV SURVEILLANCE ......................................................
AVIATION ASSURED PNT ..............................................................
GATM ROLLUP ..................................................................................
UAS MODS .........................................................................................
GROUND SUPPORT AVIONICS
AIRCRAFT SURVIVABILITY EQUIPMENT ..................................
SURVIVABILITY CM ........................................................................
CMWS ..................................................................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) .............
OTHER SUPPORT
UNDISTRIBUTED
AVIONICS SUPPORT EQUIPMENT ...............................................
COMMON GROUND EQUIPMENT .................................................
AIRCREW INTEGRATED SYSTEMS ..............................................
AIR TRAFFIC CONTROL .................................................................
LAUNCHER, 2.75 ROCKET ..............................................................
LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 ..
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
M-SHORAD—PROCUREMENT .......................................................
Production costs previously funded ............................................
MSE MISSILE ....................................................................................
PRECISION STRIKE MISSILE (PRSM) ..........................................
INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ...............
Army identified funds excess to need ........................................
AIR-TO-SURFACE MISSILE SYSTEM
HELLFIRE SYS SUMMARY .............................................................
JOINT AIR-TO-GROUND MSLS (JAGM) ........................................
LONG RANGE PRECISION MUNITION ........................................
ANTI-TANK/ASSAULT MISSILE SYS
JAVELIN (AAWS-M) SYSTEM SUMMARY ....................................
TOW 2 SYSTEM SUMMARY ............................................................
GUIDED MLRS ROCKET (GMLRS) ................................................
Excess tooling request .................................................................

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Conference
Authorized

1,100
20,851

1,100
20,851

792,027
169,460
742,998

792,027
169,460
725,298
[–17,700]
87,427
172,797
296,750
[136,000]
47,372
[29,000]

87,427
172,797
160,750
18,372

7,509
16,280
35,864
118,316

77,432
101,355
54,609
12,180
4,204

7,509
16,280
35,864
110,576
[–7,740]
15,548
2,947
9,598
2,452
13,868
31,342
[5,500]
77,432
101,355
54,609
12,180
4,204

49,455
8,035
10,567
237,467

49,455
8,035
10,567
237,467

1,789
17,584
48,265
26,408
2,256
8,982
3,074,594

1,789
17,584
48,265
26,408
2,256
8,982
3,219,654

15,548
2,947
9,598
2,452
13,868
25,842

378,654
603,188
49,941
106,261

374,587
[–4,067]
603,188
49,941
65,469
[–40,792]

91,225
213,397
45,307

91,225
213,397
45,307

190,325
121,074
850,157

190,325
121,074
845,157
[–5,000]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4424

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

012
013

MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ..........
HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS) ....
Army requested transfer from OM,A line 121 ..........................
MODIFICATIONS
PATRIOT MODS ................................................................................
ATACMS MODS .................................................................................
AVENGER MODS ..............................................................................
ITAS/TOW MODS ...............................................................................
MLRS MODS ......................................................................................
HIMARS MODIFICATIONS ..............................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
SUPPORT EQUIPMENT & FACILITIES
UNDISTRIBUTED
AIR DEFENSE TARGETS .................................................................
TOTAL MISSILE PROCUREMENT, ARMY ....................

016
017
020
021
022
023
024

025

002

004

005

006
007
009
010
011
012
013
014

016
018
019
020
021
022
023
024
025
026
027
028
031
032
033
034
035

036
037
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FY 2021
Request

Line

PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................
Forward financing of vehicle manufacturing ............................
MODIFICATION OF TRACKED COMBAT VEHICLES
STRYKER UPGRADE ........................................................................
CROWS-J program delay ............................................................
Program increase—Army UPL ...................................................
Unit cost growth ..........................................................................
BRADLEY PROGRAM (MOD) ..........................................................
Prior year carry-over ...................................................................
UBIS early to need ......................................................................
M109 FOV MODIFICATIONS ...........................................................
PALADIN INTEGRATED MANAGEMENT (PIM) ..........................
ASSAULT BRIDGE (MOD) ...............................................................
ASSAULT BREACHER VEHICLE ...................................................
M88 FOV MODS .................................................................................
JOINT ASSAULT BRIDGE ...............................................................
Program delay ..............................................................................
M1 ABRAMS TANK (MOD) ..............................................................
ABRAMS UPGRADE PROGRAM .....................................................
Component cost savings ..............................................................
Prior year carry-over ...................................................................
WEAPONS & OTHER COMBAT VEHICLES
MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...
MORTAR SYSTEMS ..........................................................................
XM320 GRENADE LAUNCHER MODULE (GLM) ........................
PRECISION SNIPER RIFLE ............................................................
COMPACT SEMI-AUTOMATIC SNIPER SYSTEM .......................
CARBINE ............................................................................................
NEXT GENERATION SQUAD WEAPON .......................................
COMMON REMOTELY OPERATED WEAPONS STATION .........
HANDGUN ..........................................................................................
MOD OF WEAPONS AND OTHER COMBAT VEH
MK–19 GRENADE MACHINE GUN MODS ...................................
M777 MODS ........................................................................................
M4 CARBINE MODS .........................................................................
M240 MEDIUM MACHINE GUN MODS ........................................
SNIPER RIFLES MODIFICATIONS ................................................
M119 MODIFICATIONS ....................................................................
MORTAR MODIFICATION ...............................................................
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................
SUPPORT EQUIPMENT & FACILITIES
UNDISTRIBUTED
ITEMS LESS THAN $5.0M (WOCV-WTCV) ...................................
PRODUCTION BASE SUPPORT (WOCV-WTCV) ..........................
TOTAL PROCUREMENT OF W&TCV, ARMY ...............

30,836
41,226

30,836
51,226
[10,000]

278,050
141,690
13,942
5,666
310,419
6,081

278,050
141,690
13,942
5,666
310,419
6,081

5,090

5,090

8,978
3,491,507

8,978
3,451,648

192,971

139,254
[–53,717]

847,212

1,168,212
[–39,160]
[375,000]
[–14,840]
435,759
[–17,350]
[–40,000]
26,893
435,825
5,074
19,500
18,382
19,247
[–52,931]
392,013
1,020,396
[–3,480]
[–9,377]

493,109

26,893
435,825
5,074
19,500
18,382
72,178
392,013
1,033,253

17,864
10,288
5,969
10,137
999
7,411
35,822
24,534
4,662

17,864
10,288
5,969
10,137
999
7,411
35,822
24,534
4,662

6,444
10,983
4,824
6,385
1,898
2,009
1,689
2,604

6,444
10,983
4,824
6,385
1,898
2,009
1,689
2,604

2,763
3,045
3,696,740

2,763
3,045
3,840,885

PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION

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PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4425

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

001

CTG, 5.56MM, ALL TYPES ...............................................................
E95700 unit cost growth .............................................................
CTG, 7.62MM, ALL TYPES ...............................................................
NEXT GENERATION SQUAD WEAPON AMMUNITION ............
CTG, HANDGUN, ALL TYPES .........................................................
CTG, .50 CAL, ALL TYPES ...............................................................
CTG, 20MM, ALL TYPES ..................................................................
CTG, 25MM, ALL TYPES ..................................................................
CTG, 30MM, ALL TYPES ..................................................................
CTG, 40MM, ALL TYPES ..................................................................
MORTAR AMMUNITION
60MM MORTAR, ALL TYPES ..........................................................
81MM MORTAR, ALL TYPES ..........................................................
120MM MORTAR, ALL TYPES ........................................................
TANK AMMUNITION
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ..........
E73201 excess cost growth .........................................................
ARTILLERY AMMUNITION
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................
Program delays ............................................................................
PROJ 155MM EXTENDED RANGE M982 ......................................
E80103 unit cost growth .............................................................
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
MINES
MINES & CLEARING CHARGES, ALL TYPES .............................
Program decrease ........................................................................
CLOSE TERRAIN SHAPING OBSTACLE ......................................
ROCKETS
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
ROCKET, HYDRA 70, ALL TYPES ..................................................
OTHER AMMUNITION
CAD/PAD, ALL TYPES ......................................................................
DEMOLITION MUNITIONS, ALL TYPES ......................................
GRENADES, ALL TYPES .................................................................
SIGNALS, ALL TYPES ......................................................................
SIMULATORS, ALL TYPES .............................................................
MISCELLANEOUS
AMMO COMPONENTS, ALL TYPES ..............................................
ITEMS LESS THAN $5 MILLION (AMMO) ...................................
AMMUNITION PECULIAR EQUIPMENT ......................................
FIRST DESTINATION TRANSPORTATION (AMMO) ..................
CLOSEOUT LIABILITIES ................................................................
PRODUCTION BASE SUPPORT
UNDISTRIBUTED
INDUSTRIAL FACILITIES ...............................................................
Program increase .........................................................................
CONVENTIONAL MUNITIONS DEMILITARIZATION ................
ARMS INITIATIVE ............................................................................
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..

002
003
004
005
006
007
008
009
010
011
012
013

014
015
016
017
018
019
020
021
022
023
024
025
026
027
029
030
031
032

033
034
035

dkrause on LAP5T8D0R2PROD with PUBLAWS

001
002
003
004
005
008
009
010
011
012
014
015

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Request

Line

OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
TACTICAL TRAILERS/DOLLY SETS ..............................................
Prior year carryover ....................................................................
SEMITRAILERS, FLATBED: ............................................................
SEMITRAILERS, TANKERS ............................................................
HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................
GROUND MOBILITY VEHICLES (GMV) .......................................
JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ........
TRUCK, DUMP, 20T (CCE) ..............................................................
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C ......
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............
PLS ESP ..............................................................................................
HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........
Program increase .........................................................................

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68,472

Conference
Authorized

109,933
11,988
853
58,280
31,708
9,111
58,172
114,638

65,659
[–2,813]
109,933
11,988
853
58,280
31,708
9,111
58,172
114,638

31,222
42,857
107,762

31,222
42,857
107,762

233,444

232,226
[–1,218]

35,963
293,692

35,963
291,292
[–2,400]
64,909
[–4,250]
232,913

69,159
232,913
65,278
4,995

62,778
[–2,500]
4,995

69,112
125,915

69,112
125,915

8,891
54,043
28,931
27,036
10,253

8,891
54,043
28,931
27,036
10,253

3,476
10,569
12,338
15,908
99

3,476
10,569
12,338
15,908
99

592,224
235,112
3,369
2,777,716

12,986
31,443
17,082
44,795
37,932
894,414
29,368
95,092
999
27,687
21,969
65,635

696,724
[104,500]
235,112
3,369
2,869,035

9,653
[–3,333]
31,443
17,082
44,795
37,932
894,414
29,368
95,092
999
27,687
21,969
99,135
[33,500]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4426

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

016
017
018

HMMWV RECAPITALIZATION PROGRAM ..................................
TACTICAL WHEELED VEHICLE PROTECTION KITS ...............
MODIFICATION OF IN SVC EQUIP ..............................................
NON-TACTICAL VEHICLES
PASSENGER CARRYING VEHICLES ............................................
NONTACTICAL VEHICLES, OTHER .............................................
Excess carryover ..........................................................................
COMM—JOINT COMMUNICATIONS
SIGNAL MODERNIZATION PROGRAM ........................................
Unit cost growth ..........................................................................
TACTICAL NETWORK TECHNOLOGY MOD IN SVC .................
Program delays ............................................................................
Unit cost growth ..........................................................................
SITUATION INFORMATION TRANSPORT ...................................
JCSE EQUIPMENT (USRDECOM) ..................................................
COMM—SATELLITE COMMUNICATIONS
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .......
TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.
AFRICOM force protection upgrades .........................................
Program delays ............................................................................
SHF TERM ..........................................................................................
ASSURED POSITIONING, NAVIGATION AND TIMING .............
SMART-T (SPACE) .............................................................................
GLOBAL BRDCST SVC—GBS ..........................................................
COMM—C3 SYSTEM
COE TACTICAL SERVER INFRASTRUCTURE (TSI) ...................
Contract management growth ....................................................
COMM—COMBAT COMMUNICATIONS
HANDHELD MANPACK SMALL FORM FIT (HMS) ....................
AFRICOM force protection upgrades .........................................
RADIO TERMINAL SET, MIDS LVT(2) ..........................................
SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............
Program cancellation ...................................................................
UNIFIED COMMAND SUITE ..........................................................
COTS COMMUNICATIONS EQUIPMENT .....................................
FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .....
ARMY COMMUNICATIONS & ELECTRONICS ............................
COMM—INTELLIGENCE COMM
CI AUTOMATION ARCHITECTURE (MIP) ...................................
DEFENSE MILITARY DECEPTION INITIATIVE .........................
INFORMATION SECURITY
INFORMATION SYSTEM SECURITY PROGRAM-ISSP ..............
COMMUNICATIONS SECURITY (COMSEC) ................................
DEFENSIVE CYBER OPERATIONS ...............................................
Army requested transfer to RDTE army line 267 for program
management.
INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO .......
ITEMS LESS THAN $5M (INFO SECURITY) ................................
COMM—LONG HAUL COMMUNICATIONS
BASE SUPPORT COMMUNICATIONS ...........................................
AFRICOM UFR force protection upgrades ................................
COMM—BASE COMMUNICATIONS
INFORMATION SYSTEMS ...............................................................
EMERGENCY MANAGEMENT MODERNIZATION PROGRAM
Excess carryover ..........................................................................
HOME STATION MISSION COMMAND CENTERS (HSMCC) ...
JOINT INFORMATION ENVIRONMENT (JIE) .............................
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...
Unjustified growth .......................................................................
ELECT EQUIP—TACT INT REL ACT (TIARA)
JTT/CIBS-M (MIP) .............................................................................
TERRESTRIAL LAYER SYSTEMS (TLS) (MIP) .............................
DCGS-A (MIP) ....................................................................................
TROJAN (MIP) ...................................................................................
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................
BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............

020
021

022
023

024
026
029
030

031
032
033
034
036

037
038
041
043
044
045
046
048
049
051
052
053

054
056
057

058
059

dkrause on LAP5T8D0R2PROD with PUBLAWS

060
061
062

065
066
068
070
071
073

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Request

Line

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Conference
Authorized

5,927
36,497
114,977

5,927
36,497
114,977

1,246
19,870

1,246
4,968
[–14,902]

160,469

63,396
5,170

151,179
[–9,290]
347,782
[–5,380]
[–7,217]
63,396
5,170

101,498
72,450

101,498
69,750

13,173
134,928
8,611
8,191

[1,000]
[–3,700]
13,173
134,928
8,611
8,191

360,379

94,871

92,119
[–2,752]

550,848

19,579
94,156
18,313
51,480

552,348
[1,500]
8,237
0
[–13,967]
19,579
94,156
18,313
51,480

13,146
5,624

13,146
5,624

4,596
159,272
54,753

4,596
159,272
42,753
[–12,000]

8,237
13,967

1,760
260

1,760
260

29,761

30,761
[1,000]

147,696
4,900

147,696
0
[–4,900]
15,227
3,177
280,035
[–20,000]

15,227
3,177
300,035

5,304
8,081
151,886
17,593
28,558
999

PUBL283

5,304
8,081
151,886
17,593
28,558
999

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4427

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

075
076
077
079
082
083
084
086
088
089
091
092
094
095
096
097

098
099
100
101
102
103
105
106
107
108

109
110
111
112
113
114
115
117
119

19A
123
124
125
126
127
128

dkrause on LAP5T8D0R2PROD with PUBLAWS

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130
132
134
135

VerDate Sep 11 2014

FY 2021
Request

Item
ELECT EQUIP—ELECTRONIC WARFARE (EW)
LIGHTWEIGHT COUNTER MORTAR RADAR ..............................
EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................
AIR VIGILANCE (AV) (MIP) .............................................................
MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST ...
CI MODERNIZATION (MIP) ............................................................
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
SENTINEL MODS .............................................................................
NIGHT VISION DEVICES ................................................................
IVAS reduction ............................................................................
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF .............
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS .............
AFRICOM UFR force protection upgrades ................................
FAMILY OF WEAPON SIGHTS (FWS) ...........................................
Program decrease ........................................................................
JOINT BATTLE COMMAND—PLATFORM (JBC-P) .....................
JOINT EFFECTS TARGETING SYSTEM (JETS) ..........................
Early to need ................................................................................
COMPUTER BALLISTICS: LHMBC XM32 .....................................
MORTAR FIRE CONTROL SYSTEM ..............................................
MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............
COUNTERFIRE RADARS .................................................................
Excess to need ..............................................................................
ELECT EQUIP—TACTICAL C2 SYSTEMS
ARMY COMMAND POST INTEGRATED INFRASTRUCTURE (
FIRE SUPPORT C2 FAMILY ............................................................
AIR & MSL DEFENSE PLANNING & CONTROL SYS ................
IAMD BATTLE COMMAND SYSTEM .............................................
Program reduction .......................................................................
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................
NETWORK MANAGEMENT INITIALIZATION AND SERVICE
GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ...........
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ....
RECONNAISSANCE AND SURVEYING INSTRUMENT SET .....
MOD OF IN-SVC EQUIPMENT (ENFIRE) .....................................
Program increase .........................................................................
ELECT EQUIP—AUTOMATION
ARMY TRAINING MODERNIZATION ............................................
AUTOMATED DATA PROCESSING EQUIP ..................................
AIE travel costs excess ................................................................
GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ....
HIGH PERF COMPUTING MOD PGM (HPCMP) ..........................
CONTRACT WRITING SYSTEM ......................................................
CSS COMMUNICATIONS .................................................................
RESERVE COMPONENT AUTOMATION SYS (RCAS) ................
ELECT EQUIP—AUDIO VISUAL SYS (A/V)
ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...............
ELECT EQUIP—SUPPORT
BCT EMERGING TECHNOLOGIES ................................................
Program reduction .......................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
CHEMICAL DEFENSIVE EQUIPMENT
CBRN DEFENSE ...............................................................................
SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ........
BRIDGING EQUIPMENT
TACTICAL BRIDGING ......................................................................
TACTICAL BRIDGE, FLOAT-RIBBON ...........................................
BRIDGE SUPPLEMENTAL SET ......................................................
COMMON BRIDGE TRANSPORTER (CBT) RECAP .....................
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST
GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ..........
HUSKY MOUNTED DETECTION SYSTEM (HMDS) ...................
Program reduction .......................................................................
EOD ROBOTICS SYSTEMS RECAPITALIZATION .......................
ROBOTICS AND APPLIQUE SYSTEMS .........................................

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5,332
7,849
8,160
8,669
300
58,884
1,127,375
13,954
10,069
133,590
243,850
69,641
7,509
3,800
7,292
72,421

49,947
9,390
47,374
201,587
4,495
18,651
2,792
9,071
12,117
3,004

14,574
140,619
4,448
68,405
8,459
57,651
14,848

Conference
Authorized

5,332
7,849
8,160
8,669
300
58,884
897,375
[–230,000]
13,954
14,069
[4,000]
115,090
[–18,500]
243,850
50,541
[–19,100]
7,509
3,800
7,292
71,421
[–1,000]
49,947
9,390
47,374
198,587
[–3,000]
4,495
18,651
2,792
9,071
12,117
5,004
[2,000]
14,574
138,841
[–1,778]
4,448
68,405
8,459
57,651
14,848

4,995

4,995

16,983

8,983
[–8,000]

1,582

1,582

28,456
13,995

28,456
13,995

10,545
72,074
32,493
62,978

10,545
72,074
32,493
62,978

5,570
2,497
109,069

5,570
2,497
99,069
[–10,000]
36,584
174,744

36,584
179,544

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4428

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)

Line

137
139
140
142
143
144
147
148
149
150

151

152
153
154
155
156
157
158
159
162
164
165
166
167
168
169
170
171
172
175
176
177
178
180
181

182
183
187

189

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06:40 Jan 20, 2022

Jkt 019139

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Request

Item
SMET contract delay ...................................................................
RENDER SAFE SETS KITS OUTFITS ............................................
FAMILY OF BOATS AND MOTORS ...............................................
COMBAT SERVICE SUPPORT EQUIPMENT
HEATERS AND ECU’S ......................................................................
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...............
GROUND SOLDIER SYSTEM ..........................................................
Unit cost discrepancies ...............................................................
MOBILE SOLDIER POWER .............................................................
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ......
ITEMS LESS THAN $5M (ENG SPT) ..............................................
PETROLEUM EQUIPMENT
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
tank rack module unit cost growth ............................................
MEDICAL EQUIPMENT
COMBAT SUPPORT MEDICAL .......................................................
Future Warfighter Shelter ..........................................................
MAINTENANCE EQUIPMENT
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
ITEMS LESS THAN $5.0M (MAINT EQ) ........................................
CONSTRUCTION EQUIPMENT
GRADER, ROAD MTZD, HVY, 6X4 (CCE) ......................................
SCRAPERS, EARTHMOVING ..........................................................
LOADERS ...........................................................................................
HYDRAULIC EXCAVATOR ..............................................................
TRACTOR, FULL TRACKED ............................................................
ALL TERRAIN CRANES ...................................................................
CONST EQUIP ESP ...........................................................................
RAIL FLOAT CONTAINERIZATION EQUIPMENT
ARMY WATERCRAFT ESP ..............................................................
MANEUVER SUPPORT VESSEL (MSV) ........................................
ITEMS LESS THAN $5.0M (FLOAT/RAIL) .....................................
GENERATORS
GENERATORS AND ASSOCIATED EQUIP ...................................
TACTICAL ELECTRIC POWER RECAPITALIZATION ................
MATERIAL HANDLING EQUIPMENT
FAMILY OF FORKLIFTS ..................................................................
TRAINING EQUIPMENT
COMBAT TRAINING CENTERS SUPPORT ...................................
TRAINING DEVICES, NONSYSTEM ..............................................
SYNTHETIC TRAINING ENVIRONMENT (STE) ..........................
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ..
TEST MEASURE AND DIG EQUIPMENT (TMD)
CALIBRATION SETS EQUIPMENT ................................................
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ..............
ICE WATS previously funded ....................................................
TEST EQUIPMENT MODERNIZATION (TEMOD) .......................
OTHER SUPPORT EQUIPMENT
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT .............
PHYSICAL SECURITY SYSTEMS (OPA3) .....................................
AFRICOM UFR force protection upgrades ................................
Unjustified request ......................................................................
BASE LEVEL COMMON EQUIPMENT ..........................................
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ....................
SPECIAL EQUIPMENT FOR TEST AND EVALUATION .............
OPA2
UNDISTRIBUTED
INITIAL SPARES—C&E ...................................................................
TOTAL OTHER PROCUREMENT, ARMY ......................
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
F/A–18E/F (FIGHTER) HORNET .....................................................
Ancillary equipment excess cost growth ....................................
Contract award savings ..............................................................
Rec flyaway ECO excess growth ................................................

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E:\PUBLAW\PUBL283.116

64,583
5,289
8,200
4,625
154,937
34,297
53,021
23,324
8,014

Conference
Authorized
[–4,800]
64,583
5,289
8,200
4,625
149,937
[–5,000]
34,297
53,021
23,324
8,014

78,448

78,250
[–198]

59,485

64,485
[5,000]

40,337
5,386

40,337
5,386

5,406
4,188
4,521
5,186
4,715
70,560
8,925

5,406
4,188
4,521
5,186
4,715
70,560
8,925

40,910
76,576
1,844

40,910
76,576
1,844

53,433
22,216

53,433
22,216

16,145

16,145

90,580
161,814
13,063
1,950

90,580
161,814
13,063
1,950

2,511
78,578

2,511
77,214
[–1,364]
14,941

14,941
8,629
75,499

27,444
32,485
39,436

8,629
84,251
[12,000]
[–3,248]
27,444
32,485
39,436

9,950
8,625,206

9,950
8,281,777

1,761,146

1,725,400
[–13,367]
[–14,023]
[–8,356]

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4429

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

002

F/A–18E/F (FIGHTER) HORNET AP ...............................................
FY22 aircraft ................................................................................
JOINT STRIKE FIGHTER CV ..........................................................
Additional aircraft .......................................................................
Lot 15 target cost savings ...........................................................
JOINT STRIKE FIGHTER CV AP ....................................................
JSF STOVL .........................................................................................
Unit cost adjustment ...................................................................
JSF STOVL AP ...................................................................................
CH–53K (HEAVY LIFT) ....................................................................
Force Design 2030 realignment NRE excess .............................
CH–53K (HEAVY LIFT) AP ..............................................................
V–22 (MEDIUM LIFT) .......................................................................
CMV unit cost adjustment ..........................................................
Navy UPL .....................................................................................
V–22 (MEDIUM LIFT) AP .................................................................
H–1 UPGRADES (UH–1Y/AH–1Z) ...................................................
P–8A POSEIDON ...............................................................................
Additional aircraft only for the Navy Reserve ..........................
Line shutdown early to need ......................................................
E–2D ADV HAWKEYE ......................................................................
unjustified growth peculiar training equipment .......................
E–2D ADV HAWKEYE AP ................................................................
TRAINER AIRCRAFT
ADVANCED HELICOPTER TRAINING SYSTEM .........................
Other ILS excess growth .............................................................
OTHER AIRCRAFT
KC–130J ..............................................................................................
Unit cost growth ..........................................................................
KC–130J AP ........................................................................................
MQ–4 TRITON ....................................................................................
One additional aircraft ................................................................
Production line preservation costs excess to need ....................
MQ–8 UAV ..........................................................................................
STUASL0 UAV ...................................................................................
VH–92A EXECUTIVE HELO ............................................................
ECO price adjustment .................................................................
Unit cost adjustment ...................................................................
MODIFICATION OF AIRCRAFT
F–18 A-D UNIQUE ............................................................................
USMC AESA radar excess unit cost growth (OSIP 21–00;
ECP 583).
F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM .....
OSIP 11–10 support excess growth ............................................
OSIP 11–10 unit cost growth .....................................................
OSIP 11–10 unstallation equipment excess growth .................
AEA SYSTEMS ...................................................................................
AV–8 SERIES .....................................................................................
INFRARED SEARCH AND TRACK (IRST) .....................................
Installation equipment excess growth .......................................
Support equipment excess growth .............................................
ADVERSARY ......................................................................................
F–18 SERIES ......................................................................................
H–53 SERIES ......................................................................................
MH–60 SERIES ..................................................................................
Program increase—Alternative low frequency active sonar for
risk reduction.
H–1 SERIES ........................................................................................
APR–39D(V)2 kits early to need ................................................
ECS thermal kits previously funded ..........................................
FMV Phase 2.0 kits previously funded ......................................
Installation equipment NRE excess growth ..............................
Installation equipment NRE unjustified request ......................
Other support excess growth ......................................................
Rotor brake system kits previously funded ...............................
Target sight system block upgrade unit cost growth ...............
EP–3 SERIES ......................................................................................

003

004
005
006
007
008
009

010
011
013

015
016
017

018
019
021

023
024
026

028

029

030
031
032

033
034
035
036

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037

038

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Request

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2,181,780

330,386
1,109,393
303,035
813,324
201,188
934,793

39,547
7,267
80,134

626,109
123,166

Conference
Authorized
28,100
[28,100]
2,371,897
[200,000]
[–9,883]
330,386
1,075,465
[–33,928]
303,035
800,634
[–12,690]
201,188
1,121,949
[–24,244]
[211,400]
39,547
7,267
1,420,034
[1,420,000]
[–80,100]
611,106
[–15,003]
123,166

269,867

236,146
[–33,721]

380,984

375,558
[–5,426]
67,022
244,464
[130,000]
[–36,106]
40,375
30,930
589,042
[–1,010]
[–20,179]

67,022
150,570

40,375
30,930
610,231

208,261

195,710
[–12,551]

468,954

429,460
[–14,723]
[–15,787]
[–8,984]
21,061
34,082
127,695
[–9,654]
[–20,706]
42,946
379,351
74,771
136,584
[5,000]

21,061
34,082
158,055

42,946
379,351
74,771
131,584

185,140

26,602

152,562
[–6,720]
[–1,245]
[–2,440]
[–4,379]
[–4,317]
[–5,256]
[–5,500]
[–2,721]
26,602

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4430

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

040
041
042
043

E–2 SERIES ........................................................................................
TRAINER A/C SERIES ......................................................................
C–2A ....................................................................................................
C–130 SERIES ....................................................................................
GFE excess growth ......................................................................
Installation excess growth ..........................................................
JAGM A kit procurement and installation early to need ........
FEWSG ................................................................................................
CARGO/TRANSPORT A/C SERIES ..................................................
E–6 SERIES ........................................................................................
EXECUTIVE HELICOPTERS SERIES ............................................
T–45 SERIES ......................................................................................
POWER PLANT CHANGES ..............................................................
JPATS SERIES ...................................................................................
AVIATION LIFE SUPPORT MODS .................................................
Aviation body armor vest ............................................................
COMMON ECM EQUIPMENT .........................................................
H–1 kit cost growth (OSIP 014–90) ...........................................
MV–22 kit cost growth (OSIP 014–90) ......................................
COMMON AVIONICS CHANGES ....................................................
COMMON DEFENSIVE WEAPON SYSTEM .................................
ID SYSTEMS ......................................................................................
P–8 SERIES ........................................................................................
Increment 3 aircrew trainers previously funded ......................
MAGTF EW FOR AVIATION ............................................................
MQ–8 SERIES ....................................................................................
V–22 (TILT/ROTOR ACFT) OSPREY ...............................................
NEXT GENERATION JAMMER (NGJ) ...........................................
F–35 STOVL SERIES ........................................................................
Block IV/TR3 upgrade delays .....................................................
F–35 CV SERIES ................................................................................
Block IV/TR3 upgrade delays .....................................................
QRC .....................................................................................................
MQ–4 SERIES ....................................................................................
Operating base installation early to need .................................
RQ–21 SERIES ...................................................................................
SURFR payload suite unit cost growth .....................................
AIRCRAFT SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
Additional F–35B/C spares .........................................................
CH–53K spares excess growth ...................................................
E–2D AHE spares excess growth ...............................................
Spares for modifications excess growth .....................................
Spares for repair of repairables excess growth .........................
VH–92 spares excess growth ......................................................
AIRCRAFT SUPPORT EQUIP & FACILITIES
UNDISTRIBUTED
COMMON GROUND EQUIPMENT .................................................
AIRCRAFT INDUSTRIAL FACILITIES ..........................................
WAR CONSUMABLES ......................................................................
OTHER PRODUCTION CHARGES ..................................................
SPECIAL SUPPORT EQUIPMENT .................................................
FIRST DESTINATION TRANSPORTATION ..................................
TOTAL AIRCRAFT PROCUREMENT, NAVY .................

044
045
046
047
049
050
051
052
053

054
055
056
057
058
059
060
061
062
063
064
065
066

070

071
072
073
074
075
076

001
002

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005

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Request

Line

WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
TRIDENT II MODS ............................................................................
SUPPORT EQUIPMENT & FACILITIES
MISSILE INDUSTRIAL FACILITIES ..............................................
STRATEGIC MISSILES
TOMAHAWK ......................................................................................
Contract award delay ..................................................................
Unit cost carryover ......................................................................
TACTICAL MISSILES
AMRAAM ............................................................................................
SIDEWINDER ....................................................................................

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175,540
7,085
9,525
141,705

684
8,911
197,206
29,086
155,745
24,633
22,682
40,401
138,480

143,322
2,142
35,999
180,530
27,794
28,774
334,405
176,638
153,588
105,452
126,618
12,998
18,550

2,198,460

Conference
Authorized
175,540
7,085
9,525
124,653
[–8,509]
[–1,802]
[–6,741]
684
8,911
197,206
29,086
155,745
24,633
22,682
45,401
[5,000]
134,370
[–2,091]
[–2,019]
143,322
2,142
35,999
172,821
[–7,709]
27,794
28,774
334,405
176,638
146,388
[–7,200]
99,552
[–5,900]
126,618
9,969
[–3,029]
14,725
[–3,825]
2,088,679
[30,000]
[–25,984]
[–14,773]
[–47,555]
[–15,300]
[–36,169]

543,559
75,685
40,633
21,194
155,179
2,121
17,127,378

543,559
75,685
40,633
21,194
155,179
2,121
18,545,253

1,173,837

1,173,837

7,275

7,275

277,694

247,874
[–26,040]
[–3,780]

326,952
126,485

326,952
126,485

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4431

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

007

STANDARD MISSILE .......................................................................
Transition to production request unjustified ............................
STANDARD MISSILE AP .................................................................
SMALL DIAMETER BOMB II ..........................................................
Contract award delay ..................................................................
RAM .....................................................................................................
JOINT AIR GROUND MISSILE (JAGM) .........................................
AERIAL TARGETS ............................................................................
EM443 hardware procurements/modifications excess growth
EM702 ground equipment previously funded ...........................
DRONES AND DECOYS ...................................................................
MALD concurrency ......................................................................
OTHER MISSILE SUPPORT ............................................................
LRASM ................................................................................................
LCS OTH MISSILE ............................................................................
MODIFICATION OF MISSILES
TOMAHAWK MODS ..........................................................................
MST kits excess cost growth ......................................................
ESSM ...................................................................................................
Excessive production support growth ........................................
HARM MODS .....................................................................................
AARGM AUR installation kits excess cost growth ...................
AARGM ER installation kits excess cost ...................................
AARGM ER long lead compontents unjustified request ..........
STANDARD MISSILES MODS .........................................................
SM–2 BLK IIIAZ Modification unit cost growth ......................
Unjustified DMS request ............................................................
SUPPORT EQUIPMENT & FACILITIES
WEAPONS INDUSTRIAL FACILITIES ..........................................
FLEET SATELLITE COMM FOLLOW-ON .....................................
ORDNANCE SUPPORT EQUIPMENT
ORDNANCE SUPPORT EQUIPMENT ............................................
TORPEDOES AND RELATED EQUIP
SSTD ....................................................................................................
MK–48 TORPEDO ..............................................................................
ASW TARGETS ..................................................................................
MOD OF TORPEDOES AND RELATED EQUIP
MK–54 TORPEDO MODS .................................................................
HAAWC kits early to need .........................................................
MK–48 TORPEDO ADCAP MODS ...................................................
MARITIME MINES ............................................................................
SUPPORT EQUIPMENT
TORPEDO SUPPORT EQUIPMENT ...............................................
ASW RANGE SUPPORT ...................................................................
DESTINATION TRANSPORTATION
FIRST DESTINATION TRANSPORTATION ..................................
GUNS AND GUN MOUNTS
SMALL ARMS AND WEAPONS .......................................................
MODIFICATION OF GUNS AND GUN MOUNTS
CIWS MODS .......................................................................................
COAST GUARD WEAPONS ..............................................................
GUN MOUNT MODS .........................................................................
LCS MODULE WEAPONS ................................................................
AIRBORNE MINE NEUTRALIZATION SYSTEMS .......................
SPARES AND REPAIR PARTS
UNDISTRIBUTED
SPARES AND REPAIR PARTS ........................................................
TOTAL WEAPONS PROCUREMENT, NAVY .................
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
GENERAL PURPOSE BOMBS .........................................................
JDAM ...................................................................................................
AIRBORNE ROCKETS, ALL TYPES ...............................................
MACHINE GUN AMMUNITION ......................................................
PRACTICE BOMBS ...........................................................................
CARTRIDGES & CART ACTUATED DEVICES .............................

008
009
010
011
014

015
016
017
018
019
020
022

023

024
025
027
028
029
030
031
032
033
034
035
036
037
038
039
040
041
042

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002
003
004
005
006

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Request

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456,206
66,716
78,867
90,533
49,386
174,336

41,256
3,501
168,845
32,910
164,915
215,375
147,572

83,654

Conference
Authorized
406,206
[–50,000]
66,716
74,267
[–4,600]
90,533
49,386
171,408
[–2,375]
[–553]
19,956
[–21,300]
3,501
168,845
32,910
161,308
[–3,607]
212,637
[–2,738]
122,649
[–7,060]
[–16,657]
[–1,206]
74,654
[–4,900]
[–4,100]

1,996
53,401

1,996
53,401

215,659

215,659

5,811
284,901
13,833

5,811
284,901
13,833

110,286
57,214
5,832

103,441
[–6,845]
57,214
5,832

97,581
4,159

97,581
4,159

4,106

4,106

16,030

16,030

37,147
45,804
74,427
4,253
6,662

37,147
45,804
74,427
4,253
6,662

159,578
4,884,995

159,578
4,729,234

41,496
64,631
60,719
11,158
51,409
64,694

41,496
64,631
60,719
11,158
51,409
64,694

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4432

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

007
008
009

AIR EXPENDABLE COUNTERMEASURES ..................................
JATOS .................................................................................................
5 INCH/54 GUN AMMUNITION ......................................................
MK 187 mod 0 projectile unit cost growth ................................
INTERMEDIATE CALIBER GUN AMMUNITION ........................
BA23 contract award delay .........................................................
OTHER SHIP GUN AMMUNITION ................................................
SMALL ARMS & LANDING PARTY AMMO ..................................
PYROTECHNIC AND DEMOLITION ..............................................
AMMUNITION LESS THAN $5 MILLION .....................................
MARINE CORPS AMMUNITION
UNDISTRIBUTED
MORTARS ...........................................................................................
DIRECT SUPPORT MUNITIONS ....................................................
USMC identified funds excess to need ......................................
INFANTRY WEAPONS AMMUNITION ..........................................
A059 unit cost growth .................................................................
A940 LAP contract price savings ...............................................
AB57 unit cost growth ................................................................
COMBAT SUPPORT MUNITIONS ..................................................
AMMO MODERNIZATION ...............................................................
ARTILLERY MUNITIONS ................................................................
ITEMS LESS THAN $5 MILLION ...................................................
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......

010
011
012
013
015

016
017
018

019
020
021
022

001
002

003
004
005

006
007
008
009
010
011

013
014

015
017
019

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023
024
026
027
028

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SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
OHIO REPLACEMENT SUBMARINE .............................................
OHIO REPLACEMENT SUBMARINE AP ......................................
Submarine supplier stability ......................................................
OTHER WARSHIPS
CARRIER REPLACEMENT PROGRAM ..........................................
Full funding early to need ..........................................................
CVN–81 ...............................................................................................
Full funding early to need ..........................................................
VIRGINIA CLASS SUBMARINE ......................................................
Restore second Virginia-class SSN ............................................
Unjustified cost growth ...............................................................
VIRGINIA CLASS SUBMARINE ......................................................
Restore second Virginia-class SSN ............................................
CVN REFUELING OVERHAULS ....................................................
CVN REFUELING OVERHAULS AP ..............................................
DDG 1000 ............................................................................................
DDG–51 ...............................................................................................
Available prior-year funds ..........................................................
DDG–51 AP .........................................................................................
LLTM for FY22 DDG–51s ...........................................................
Surface ship supplier stability ....................................................
FFG-FRIGATE ....................................................................................
AMPHIBIOUS SHIPS
LPD FLIGHT II ..................................................................................
Excessive unit cost growth .........................................................
Transfer to Line 15 ......................................................................
LPD FLIGHT II AP ............................................................................
Transfer from Line 14 for LPD–32 and LPD–33 ......................
LHA REPLACEMENT .......................................................................
LHA–9 program increase ............................................................
EXPEDITIONARY FAST TRANSPORT (EPF) ................................
One additional ship .....................................................................
UNDISTRIBUTED
TOWING, SALVAGE, AND RESCUE SHIP (ATS) .........................
LCU 1700 ............................................................................................
OUTFITTING ......................................................................................
Unjustified cost growth ...............................................................
SERVICE CRAFT ...............................................................................
LCAC SLEP ........................................................................................
COMPLETION OF PY SHIPBUILDING PROGRAMS ...................

PO 00283

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51,523
6,761
31,517
38,005
40,626
48,202
9,766
2,115

46,781
119,504
83,220

32,650
15,144
59,539
4,142
883,602

Conference
Authorized
51,523
6,761
29,474
[–2,043]
36,138
[–1,867]
40,626
48,202
9,766
2,115

46,781
79,662
[–39,842]
73,901
[–8,195]
[–79]
[–1,045]
32,650
15,144
59,539
4,142
830,531

2,891,475
1,123,175

2,891,475
1,253,175
[130,000]

997,544

907,544
[–90,000]
1,606,432
[–39,174]
4,620,471
[2,296,000]
[–10,222]
2,173,187
[272,000]
1,878,453
17,384
78,205
3,010,270
[–30,000]
334,297
[130,000]
[175,000]
1,053,123

1,645,606
2,334,693

1,901,187
1,878,453
17,384
78,205
3,040,270
29,297

1,053,123
1,155,801

1,125,801
[–28,000]
[–2,000]
2,000
[2,000]
500,000
[500,000]
260,000
[260,000]

168,209
87,395
825,586

168,209
87,395
766,334
[–59,252]
249,781
56,461
369,112

249,781
56,461
369,112

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4433

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

FY 2021
Request

Item
TOTAL SHIPBUILDING AND CONVERSION, NAVY ..

001
002

003
004
005
006
007
008
009
010
011
012
013
014
015
016
017
018
019
020
021
022
023
024
025
026
027
028
029
030
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032
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035

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040
041
042
043
044

VerDate Sep 11 2014

OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
SURFACE POWER EQUIPMENT ....................................................
GENERATORS
SURFACE COMBATANT HM&E .....................................................
HM&E condition system unjustified growth .............................
NAVIGATION EQUIPMENT
OTHER NAVIGATION EQUIPMENT ..............................................
OTHER SHIPBOARD EQUIPMENT
SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG .............
DDG MOD ...........................................................................................
Installation excess unit cost growth ..........................................
FIREFIGHTING EQUIPMENT ........................................................
COMMAND AND CONTROL SWITCHBOARD ..............................
LHA/LHD MIDLIFE ...........................................................................
POLLUTION CONTROL EQUIPMENT ...........................................
SUBMARINE SUPPORT EQUIPMENT ..........................................
VIRGINIA CLASS SUPPORT EQUIPMENT ...................................
LCS CLASS SUPPORT EQUIPMENT .............................................
SUBMARINE BATTERIES ...............................................................
LPD CLASS SUPPORT EQUIPMENT .............................................
Electronic actuator pilot program ..............................................
DDG 1000 CLASS SUPPORT EQUIPMENT ...................................
Excess cost growth ......................................................................
STRATEGIC PLATFORM SUPPORT EQUIP .................................
DSSP EQUIPMENT ...........................................................................
CG MODERNIZATION ......................................................................
LCAC ...................................................................................................
UNDERWATER EOD EQUIPMENT ................................................
ITEMS LESS THAN $5 MILLION ...................................................
CHEMICAL WARFARE DETECTORS ............................................
SUBMARINE LIFE SUPPORT SYSTEM ........................................
REACTOR PLANT EQUIPMENT
SHIP MAINTENANCE, REPAIR AND MODERNIZATION ..........
LCS in-service modernization excess cost growth ....................
REACTOR POWER UNITS ...............................................................
REACTOR COMPONENTS ...............................................................
OCEAN ENGINEERING
DIVING AND SALVAGE EQUIPMENT ..........................................
SMALL BOATS
STANDARD BOATS ...........................................................................
PRODUCTION FACILITIES EQUIPMENT
OPERATING FORCES IPE ...............................................................
OTHER SHIP SUPPORT
LCS COMMON MISSION MODULES EQUIPMENT ....................
LCS MCM MISSION MODULES .....................................................
Excess procurement ahead of satisfactory testing ....................
LCS ASW MISSION MODULES ......................................................
Excess procurement ahead of satisfactory testing ....................
LCS SUW MISSION MODULES ......................................................
LCS IN-SERVICE MODERNIZATION .............................................
SMALL & MEDIUM UUV .................................................................
SMCM UUV excess procurement ahead of satisfactory testing.
SHIP SONARS
SPQ–9B RADAR .................................................................................
AN/SQQ–89 SURF ASW COMBAT SYSTEM ..................................
SSN ACOUSTIC EQUIPMENT ........................................................
UNDERSEA WARFARE SUPPORT EQUIPMENT ........................
ASW ELECTRONIC EQUIPMENT
SUBMARINE ACOUSTIC WARFARE SYSTEM ............................
SSTD ....................................................................................................
FIXED SURVEILLANCE SYSTEM ..................................................
SURTASS ............................................................................................
ELECTRONIC WARFARE EQUIPMENT

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Authorized

19,902,757

23,409,109

11,738

11,738

58,497

54,810
[–3,687]

74,084

74,084

204,806
547,569

204,806
512,155
[–35,414]
18,394
2,374
78,265
23,035
64,632
22,868
3,976
31,322
55,475
[5,000]
36,779
[–5,500]
15,429
2,918
87,978
9,366
16,842
105,715
3,044
5,885

18,394
2,374
78,265
23,035
64,632
22,868
3,976
31,322
50,475
42,279
15,429
2,918
87,978
9,366
16,842
105,715
3,044
5,885
1,260,721
5,305
415,404

1,248,621
[–12,100]
5,305
415,404

11,143

11,143

52,371

52,371

233,667

233,667

39,714
218,822

39,714
187,608
[–31,214]
38,359
[–23,400]
24,412
121,848
37,609
[–30,100]

61,759
24,412
121,848
67,709

27,517
128,664
374,737
9,286

27,517
128,664
374,737
9,286

26,066
13,241
193,446
63,838

26,066
13,241
193,446
63,838

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4434

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

045

AN/SLQ–32 ..........................................................................................
Early to need ................................................................................
RECONNAISSANCE EQUIPMENT
SHIPBOARD IW EXPLOIT ...............................................................
Excess cost growth ......................................................................
AUTOMATED IDENTIFICATION SYSTEM (AIS) .........................
OTHER SHIP ELECTRONIC EQUIPMENT
COOPERATIVE ENGAGEMENT CAPABILITY .............................
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...
ATDLS .................................................................................................
NAVY COMMAND AND CONTROL SYSTEM (NCCS) .................
MINESWEEPING SYSTEM REPLACEMENT ................................
SHALLOW WATER MCM .................................................................
NAVSTAR GPS RECEIVERS (SPACE) ............................................
AMERICAN FORCES RADIO AND TV SERVICE .........................
STRATEGIC PLATFORM SUPPORT EQUIP .................................
AVIATION ELECTRONIC EQUIPMENT
ASHORE ATC EQUIPMENT ............................................................
AFLOAT ATC EQUIPMENT .............................................................
ID SYSTEMS ......................................................................................
JOINT PRECISION APPROACH AND LANDING SYSTEM ( ......
NAVAL MISSION PLANNING SYSTEMS ......................................
OTHER SHORE ELECTRONIC EQUIPMENT
MARITIME INTEGRATED BROADCAST SYSTEM ......................
TACTICAL/MOBILE C4I SYSTEMS ................................................
DCGS-N ...............................................................................................
CANES .................................................................................................
RADIAC ...............................................................................................
CANES-INTELL .................................................................................
GPETE .................................................................................................
MASF ...................................................................................................
INTEG COMBAT SYSTEM TEST FACILITY .................................
EMI CONTROL INSTRUMENTATION ...........................................
ITEMS LESS THAN $5 MILLION ...................................................
NGSSR available prior year funds .............................................
SHIPBOARD COMMUNICATIONS
SHIPBOARD TACTICAL COMMUNICATIONS .............................
SHIP COMMUNICATIONS AUTOMATION ...................................
COMMUNICATIONS ITEMS UNDER $5M ....................................
SUBMARINE COMMUNICATIONS
SUBMARINE BROADCAST SUPPORT ...........................................
SUBMARINE COMMUNICATION EQUIPMENT ..........................
SATELLITE COMMUNICATIONS
SATELLITE COMMUNICATIONS SYSTEMS ................................
NAVY MULTIBAND TERMINAL (NMT) ........................................
SHORE COMMUNICATIONS
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........
CRYPTOGRAPHIC EQUIPMENT
INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................
MIO INTEL EXPLOITATION TEAM ...............................................
CRYPTOLOGIC EQUIPMENT
CRYPTOLOGIC COMMUNICATIONS EQUIP ...............................
OTHER ELECTRONIC SUPPORT
COAST GUARD EQUIPMENT .........................................................
SONOBUOYS
SONOBUOYS—ALL TYPES .............................................................
Program increase for sonobuoys .................................................
AIRCRAFT SUPPORT EQUIPMENT
MINOTAUR ........................................................................................
WEAPONS RANGE SUPPORT EQUIPMENT ................................
AIRCRAFT SUPPORT EQUIPMENT ...............................................
ADVANCED ARRESTING GEAR (AAG) .........................................
METEOROLOGICAL EQUIPMENT .................................................
LEGACY AIRBORNE MCM ..............................................................
LAMPS EQUIPMENT ........................................................................
AVIATION SUPPORT EQUIPMENT ...............................................
UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ...

046
047
048
049
050
051
052
053
054
055
056
057
058
059
060
061
062
063
064
065
066
067
068
069
070
071
072

073
074
075
076
077
078
079
080
081
082
083
090

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093
094
095
096
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099
100
101
102

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Request

Line

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Conference
Authorized

387,195

353,961
[–33,234]

235,744

227,337
[–8,407]
3,862

3,862
26,006
15,385
103,835
3,594
15,744
5,493
38,043
2,592
7,985

26,006
15,385
103,835
3,594
15,744
5,493
38,043
2,592
7,985

83,475
65,113
23,815
100,751
13,947

83,475
65,113
23,815
100,751
13,947

1,375
22,771
18,872
389,585
10,335
48,654
8,133
4,150
5,934
4,334
159,815

1,375
22,771
18,872
389,585
10,335
48,654
8,133
4,150
5,934
4,334
154,572
[–5,243]

56,106
124,288
45,120

56,106
124,288
45,120

31,133
62,214

31,133
62,214

47,421
64,552

47,421
64,552

4,398

4,398

157,551
985

157,551
985

15,906

15,906

70,689

70,689

237,639

286,739
[49,100]

5,077
83,969
187,758
16,059
15,192
6,674
1,189
58,873
60,937

5,077
83,969
187,758
16,059
15,192
6,674
1,189
58,873
50,970

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4435

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

103
104
105
106

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108
109
110
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112

113
114
115
116
117
118
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121
122
123
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126
127
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135
136
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142

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002

VerDate Sep 11 2014

FY 2021
Request

Item
ARC–210 radio communication system excess to need ............
MUOS capable communication system excess to need ............
MUOS capable communication system unit cost growth .........
Ship change document excess growth ........................................
SHIP GUN SYSTEM EQUIPMENT
SHIP GUN SYSTEMS EQUIPMENT ...............................................
SHIP MISSILE SYSTEMS EQUIPMENT
HARPOON SUPPORT EQUIPMENT ...............................................
SHIP MISSILE SUPPORT EQUIPMENT ........................................
Excess cost growth ......................................................................
TOMAHAWK SUPPORT EQUIPMENT ...........................................
TMPC cost growth .......................................................................
FBM SUPPORT EQUIPMENT
STRATEGIC MISSILE SYSTEMS EQUIP ......................................
ASW SUPPORT EQUIPMENT
SSN COMBAT CONTROL SYSTEMS ..............................................
ASW SUPPORT EQUIPMENT .........................................................
OTHER ORDNANCE SUPPORT EQUIPMENT
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
ITEMS LESS THAN $5 MILLION ...................................................
OTHER EXPENDABLE ORDNANCE
ANTI-SHIP MISSILE DECOY SYSTEM ..........................................
AOEW production ramp ..............................................................
AOEW production support ..........................................................
SUBMARINE TRAINING DEVICE MODS .....................................
SURFACE TRAINING EQUIPMENT ..............................................
CIVIL ENGINEERING SUPPORT EQUIPMENT
PASSENGER CARRYING VEHICLES ............................................
GENERAL PURPOSE TRUCKS .......................................................
CONSTRUCTION & MAINTENANCE EQUIP ...............................
FIRE FIGHTING EQUIPMENT .......................................................
TACTICAL VEHICLES ......................................................................
POLLUTION CONTROL EQUIPMENT ...........................................
ITEMS LESS THAN $5 MILLION ...................................................
PHYSICAL SECURITY VEHICLES .................................................
SUPPLY SUPPORT EQUIPMENT
SUPPLY EQUIPMENT ......................................................................
FIRST DESTINATION TRANSPORTATION ..................................
SPECIAL PURPOSE SUPPLY SYSTEMS .......................................
TRAINING DEVICES
TRAINING SUPPORT EQUIPMENT ...............................................
TRAINING AND EDUCATION EQUIPMENT ................................
COMMAND SUPPORT EQUIPMENT
COMMAND SUPPORT EQUIPMENT .............................................
MEDICAL SUPPORT EQUIPMENT ................................................
NAVAL MIP SUPPORT EQUIPMENT ............................................
OPERATING FORCES SUPPORT EQUIPMENT ...........................
C4ISR EQUIPMENT ..........................................................................
ENVIRONMENTAL SUPPORT EQUIPMENT ................................
PHYSICAL SECURITY EQUIPMENT .............................................
ENTERPRISE INFORMATION TECHNOLOGY ............................
OTHER
NEXT GENERATION ENTERPRISE SERVICE .............................
CYBERSPACE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
TOTAL OTHER PROCUREMENT, NAVY .......................
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
AAV7A1 PIP ........................................................................................
AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES .....
ILS excess growth ........................................................................
Peculiar training equipment and simulators previously funded.

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Authorized
[–3,073]
[–3,019]
[–2,038]
[–1,837]

5,540
208
262,077
84,087

5,540
208
252,077
[–10,000]
80,482
[–3,605]

258,910

258,910

173,770
26,584

173,770
26,584

7,470
6,356

7,470
6,356

86,356

69,240
192,245

72,056
[–10,800]
[–3,500]
69,240
192,245

6,123
2,693
47,301
10,352
31,475
2,630
47,972
1,171

6,123
2,693
47,301
10,352
31,475
2,630
47,972
1,171

19,693
4,956
668,639

19,693
4,956
668,639

4,026
73,454

4,026
73,454

32,390
974
5,606
16,024
6,697
27,503
138,281
42,680

32,390
974
5,606
16,024
6,697
27,503
138,281
42,680

184,443
16,523

184,443
16,523

18,446

18,446

374,195
10,948,518

374,195
10,776,447

87,476
478,874

87,476
456,328
[–2,074]
[–2,550]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4436

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)

Line

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004
005
006

007

008
009
010
011
012
013
014
015
016
017
019
020
021
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030
031
032
033
034
035
36A
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Request

Item
Production support previously funded .......................................
Surface vehicle cost prior year carryover ..................................
System engineering program management previously funded
LAV PIP ..............................................................................................
ARTILLERY AND OTHER WEAPONS
155MM LIGHTWEIGHT TOWED HOWITZER ...............................
ARTILLERY WEAPONS SYSTEM ...................................................
Missiles excess to need ................................................................
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ....
RHGPK production units previously funded and cost growth
OTHER SUPPORT
MODIFICATION KITS ......................................................................
USMC funds identified excess to need ......................................
GUIDED MISSILES
GROUND BASED AIR DEFENSE ...................................................
ANTI-ARMOR MISSILE-JAVELIN ..................................................
FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............
ANTI-ARMOR MISSILE-TOW ..........................................................
GUIDED MLRS ROCKET (GMLRS) ................................................
COMMAND AND CONTROL SYSTEMS
COMMON AVIATION COMMAND AND CONTROL SYSTEM (C
REPAIR AND TEST EQUIPMENT
REPAIR AND TEST EQUIPMENT ..................................................
OTHER SUPPORT (TEL)
MODIFICATION KITS ......................................................................
COMMAND AND CONTROL SYSTEM (NON-TEL)
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................
AIR OPERATIONS C2 SYSTEMS ....................................................
RADAR + EQUIPMENT (NON-TEL)
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................
INTELL/COMM EQUIPMENT (NON-TEL)
GCSS-MC ............................................................................................
FIRE SUPPORT SYSTEM .................................................................
INTELLIGENCE SUPPORT EQUIPMENT .....................................
UNMANNED AIR SYSTEMS (INTEL) ............................................
DCGS-MC ............................................................................................
UAS PAYLOADS ................................................................................
OTHER SUPPORT (NON-TEL)
NEXT GENERATION ENTERPRISE NETWORK (NGEN) ...........
Network equipment tech refresh previously funded ................
COMMON COMPUTER RESOURCES ............................................
COMMAND POST SYSTEMS ...........................................................
RADIO SYSTEMS ..............................................................................
Program decrease ........................................................................
COMM SWITCHING & CONTROL SYSTEMS ...............................
COMM & ELEC INFRASTRUCTURE SUPPORT ..........................
CYBERSPACE ACTIVITIES .............................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
ADMINISTRATIVE VEHICLES
COMMERCIAL CARGO VEHICLES ................................................
TACTICAL VEHICLES
MOTOR TRANSPORT MODIFICATIONS .......................................
JOINT LIGHT TACTICAL VEHICLE ..............................................
FAMILY OF TACTICAL TRAILERS ................................................
ENGINEER AND OTHER EQUIPMENT
ENVIRONMENTAL CONTROL EQUIP ASSORT ..........................
TACTICAL FUEL SYSTEMS ............................................................
POWER EQUIPMENT ASSORTED .................................................
AMPHIBIOUS SUPPORT EQUIPMENT .........................................
EOD SYSTEMS ..................................................................................
MATERIALS HANDLING EQUIPMENT
PHYSICAL SECURITY EQUIPMENT .............................................
GENERAL PROPERTY
FIELD MEDICAL EQUIPMENT ......................................................
TRAINING DEVICES ........................................................................
FAMILY OF CONSTRUCTION EQUIPMENT ................................

PO 00283

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41,988
59
174,687
24,867

3,067

Conference
Authorized
[–1,713]
[–7,347]
[–8,862]
41,988
59
112,187
[–62,500]
23,957
[–910]
0
[–3,067]

18,920
19,888
21,891
34,985
133,689

18,920
19,888
21,891
34,985
133,689

35,057

35,057

24,405

24,405

1,006

1,006

69,725
15,611

69,725
15,611

284,283

284,283

1,587
24,934
50,728
24,853
38,260
5,489

1,587
24,934
50,728
24,853
38,260
5,489

78,922

76,411
[–2,511]
35,349
33,713
340,350
[–2,900]
40,627
43,782
53,896

35,349
33,713
343,250
40,627
43,782
53,896
3,797

3,797

22,460

22,460

10,739
381,675
2,963

10,739
381,675
2,963

385
501
23,430
5,752
20,939

385
501
23,430
5,752
20,939

23,063

23,063

4,187
101,765
19,305

4,187
101,765
19,305

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4437

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

051

ULTRA-LIGHT TACTICAL VEHICLE (ULTV) ...............................
OTHER SUPPORT
ITEMS LESS THAN $5 MILLION ...................................................
SPARES AND REPAIR PARTS
UNDISTRIBUTED
SPARES AND REPAIR PARTS ........................................................
TOTAL PROCUREMENT, MARINE CORPS ..................

052

053

001

002
004
005
007

008
010
011

012
013
013A

015

016
018
020

022
023
024
025

026
027
028
029

030

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033
034

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Request

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AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
F–35 .....................................................................................................
Additional 12 F–35As ..................................................................
Excess miscellaneous support costs ...........................................
Unit cost adjustment ...................................................................
F–35 AP ...............................................................................................
F–15EX ................................................................................................
Airframe excess to need ..............................................................
F–15EX AP ..........................................................................................
TACTICAL AIRLIFT
KC–46A MDAP ...................................................................................
Lot 7 funding excess to NTE ceiling ..........................................
OTHER AIRLIFT
C–130J .................................................................................................
Additional aircraft .......................................................................
MC–130J .............................................................................................
Air force identified excess to need ..............................................
MC–130J AP .......................................................................................
FY22 quantity reduction .............................................................
HELICOPTERS
UH–1N REPLACEMENT ..................................................................
COMBAT RESCUE HELICOPTER ..................................................
Modernization/upgrades ahead of need .....................................
CV–22 ..................................................................................................
SOCOM UPL ................................................................................
MISSION SUPPORT AIRCRAFT
CIVIL AIR PATROL A/C ...................................................................
Program increase .........................................................................
OTHER AIRCRAFT
TARGET DRONES .............................................................................
COMPASS CALL ................................................................................
MQ–9 ...................................................................................................
Program increase .........................................................................
Shutdown costs ahead of need ....................................................
STRATEGIC AIRCRAFT
B–1 .......................................................................................................
USAF-requested transfer to RDAF Line 174 ............................
B–2A ....................................................................................................
B–1B ....................................................................................................
B–52 .....................................................................................................
Bomber TDL install funds ahead of need ..................................
GPS-IU funding ahead of need ...................................................
LARGE AIRCRAFT INFRARED COUNTERMEASURES ..............
TACTICAL AIRCRAFT
A–10 .....................................................................................................
E–11 BACN/HAG ................................................................................
F–15 .....................................................................................................
APG–82 common configuration excess to need .........................
MUOS ahead of need ..................................................................
F–16 .....................................................................................................
Additional radars .........................................................................
AIFF Mode 5—AF requested transfer to RDTE, AF line 187
Comm suite upgrade excess to need ..........................................
F–22A ..................................................................................................
Contract delays ............................................................................
F–35 MODIFICATIONS .....................................................................
Block IV/TR3 delays ....................................................................
F–15 EPAW .........................................................................................

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Authorized

678

678

9,174

9,174

27,295
2,903,976

27,295
2,809,542

4,567,018

5,286,566
[976,667]
[–156,000]
[–101,119]
610,800
1,242,247
[–27,600]
133,500

610,800
1,269,847
133,500
2,850,151

2,707,799
[–142,352]

37,131

692,131
[655,000]
345,107
[–17,700]
30,000
[–9,987]

362,807
39,987

194,016
973,473

194,016
909,909
[–63,564]
206,220
[206,220]

2,811

11,200
[8,389]

133,273
161,117
29,409

133,273
161,117
108,000
[108,000]
[–29,409]

3,853

0
[–3,853]
31,476
21,808
28,078
[–2,000]
[–23,871]
9,999

31,476
21,808
53,949

9,999
135,793
33,645
349,304

615,760

387,905
322,185
31,995

135,793
33,645
329,242
[–12,012]
[–8,050]
587,892
[25,000]
[–9,868]
[–43,000]
361,705
[–26,200]
290,485
[–31,700]
27,195

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4438

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)

Line

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036

037
038
040
041

042
043
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045

046
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050
051

052
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055

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062
063
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066
067
068
070
071

dkrause on LAP5T8D0R2PROD with PUBLAWS

073
074
075
076
079
080
081

VerDate Sep 11 2014

06:40 Jan 20, 2022

Jkt 019139

FY 2021
Request

Item
Concurrency .................................................................................
INCREMENT 3.2B .............................................................................
KC–46A MDAP ...................................................................................
Excessive airworthiness directives and service bulletins .........
AIRLIFT AIRCRAFT
C–5 .......................................................................................................
Unjustified PMA cost growth .....................................................
C–17A ..................................................................................................
BLOS ahead of need ....................................................................
C–32A ..................................................................................................
C–37A ..................................................................................................
SATCOM installs ahead of need ................................................
TRAINER AIRCRAFT
GLIDER MODS ..................................................................................
T–6 .......................................................................................................
T–1 .......................................................................................................
T–38 .....................................................................................................
T–38 ejection seats ......................................................................
OTHER AIRCRAFT
U–2 MODS ..........................................................................................
KC–10A (ATCA) ..................................................................................
VC–25A MOD ......................................................................................
C–40 .....................................................................................................
SATCOM installs ahead of need ................................................
C–130 ...................................................................................................
AMP 1 excess to need ..................................................................
Eight-bladed propeller upgrade kits only ..................................
Improved modular airborne fire fighting system (iMAFFS) ....
T–56 3.5 engine mod ...................................................................
C–130J MODS ....................................................................................
C–135 ...................................................................................................
Other government cost growth ...................................................
COMPASS CALL ................................................................................
Baseline 3 installation delays .....................................................
Baseline 4 cost discrepancies ......................................................
RC–135 ................................................................................................
E–3 .......................................................................................................
NATO AWACS—transfer to line 88 ...........................................
E–4 .......................................................................................................
Funds rephased to future fiscal years .......................................
E–8 .......................................................................................................
Program increase .........................................................................
AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 ..........
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................
H–1 .......................................................................................................
H–60 .....................................................................................................
RQ–4 MODS ........................................................................................
ASIP SW/HW upgrades and support forward financed ...........
Unjustified mod funding .............................................................
HC/MC–130 MODIFICATIONS ........................................................
OTHER AIRCRAFT ............................................................................
MQ–9 MODS .......................................................................................
CV–22 MODS ......................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS ..................................................
F–15 EPAWSS spares excess to need ........................................
F–35A initial spares increase .....................................................
Unobligated balances—F–16s .....................................................
COMMON SUPPORT EQUIPMENT
AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................
POST PRODUCTION SUPPORT
B–2A ....................................................................................................
B–2B ....................................................................................................
B–52 .....................................................................................................
E–11 BACN/HAG ................................................................................
F–15 .....................................................................................................
F–16 .....................................................................................................

PO 00283

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Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL283.116

5,889
24,085

62,108
66,798
2,947
12,985

Conference
Authorized
[–4,800]
5,889
9,085
[–15,000]
50,279
[–11,829]
44,798
[–22,000]
2,947
5,985
[–7,000]

977
26,829
4,465
36,806

977
26,829
4,465
41,806
[5,000]

110,618
117
1,983
9,252

110,618
117
1,983
7,252
[–2,000]
140,630
[–3,841]
[55,000]
[4,600]
[79,000]
140,032
86,450
[–1,800]
169,653
[–8,706]
[–15,030]
191,332
135,740
[–36,401]
44,140
[–14,663]
38,037
[27,000]
53,343
1,573
4,410
44,538
12,350
[–2,000]
[–26,118]
20,780
100,774
188,387
122,306

5,871

140,032
88,250
193,389

191,332
172,141
58,803
11,037
53,343
1,573
4,410
44,538
40,468

20,780
100,774
188,387
122,306
926,683

919,347
[–6,036]
[10,000]
[–11,300]

132,719

132,719

1,683
46,734
1,034
63,419
2,632
14,163

1,683
46,734
1,034
63,419
2,632
14,163

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4439

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

083
084

OTHER AIRCRAFT ............................................................................
RQ–4 POST PRODUCTION CHARGES ..........................................
INDUSTRIAL PREPAREDNESS
INDUSTRIAL RESPONSIVENESS ..................................................
WAR CONSUMABLES
WAR CONSUMABLES ......................................................................
OTHER PRODUCTION CHARGES
OTHER PRODUCTION CHARGES ..................................................
Classified increase .......................................................................
NATO AWACS—transfer from line 58 ......................................
CLASSIFIED PROGRAMS
UNDISTRIBUTED
CLASSIFIED PROGRAMS ................................................................
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....

085
086
087

89A

001
002
004
005
006
007
008
009
010

011
013
014
015
016
017
018
019
025

25A

001
002
003
006
007

dkrause on LAP5T8D0R2PROD with PUBLAWS

009
010
011
012
013
015

VerDate Sep 11 2014

FY 2021
Request

Line

MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
MISSILE REPLACEMENT EQ-BALLISTIC ...................................
TACTICAL
REPLAC EQUIP & WAR CONSUMABLES ....................................
JOINT AIR-SURFACE STANDOFF MISSILE ................................
LRASM0 ..............................................................................................
SIDEWINDER (AIM–9X) ...................................................................
AMRAAM ............................................................................................
AUR u/c growth ...........................................................................
PREDATOR HELLFIRE MISSILE ...................................................
SMALL DIAMETER BOMB ..............................................................
SMALL DIAMETER BOMB II ..........................................................
Deliveries behind schedule .........................................................
INDUSTRIAL FACILITIES
INDUSTR’L PREPAREDNS/POL PREVENTION ...........................
CLASS IV
ICBM FUZE MOD ..............................................................................
ICBM FUZE MOD AP ........................................................................
MM III MODIFICATIONS .................................................................
Initial spares—AF requested transfer to line 18 ......................
AGM–65D MAVERICK ......................................................................
AIR LAUNCH CRUISE MISSILE (ALCM) ......................................
MISSILE SPARES AND REPAIR PARTS
MSL SPRS/REPAIR PARTS (INITIAL) ............................................
Initial spares—AF requested transfer from line 15 .................
MSL SPRS/REPAIR PARTS (REPLEN) ...........................................
SPECIAL PROGRAMS
SPECIAL UPDATE PROGRAMS ......................................................
CLASSIFIED PROGRAMS
UNDISTRIBUTED
CLASSIFIED PROGRAMS ................................................................
TOTAL MISSILE PROCUREMENT, AIR FORCE .........
PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS
ROCKETS ...........................................................................................
CARTRIDGES
CARTRIDGES .....................................................................................
BOMBS
PRACTICE BOMBS ...........................................................................
JOINT DIRECT ATTACK MUNITION ............................................
B61 .......................................................................................................
OTHER ITEMS
CAD/PAD .............................................................................................
EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................
SPARES AND REPAIR PARTS ........................................................
MODIFICATIONS ..............................................................................
ITEMS LESS THAN $5,000,000 .......................................................
FLARES
FLARES ...............................................................................................
FUZES

06:40 Jan 20, 2022

Jkt 019139

PO 00283

Frm 01053

Fmt 6580

Sfmt 6581

Conference
Authorized

4,595
32,585

4,595
32,585

18,215

18,215

36,046

36,046

1,439,640

1,551,041
[75,000]
[36,401]

21,692
17,908,145

21,692
19,282,613

75,012

75,012

4,495
475,949
19,800
164,769
453,223

4,495
475,949
19,800
164,769
451,923
[–1,300]
40,129
45,475
237,932
[–35,340]

40,129
45,475
273,272

814
3,458
43,450
85,310
298
52,924
9,402

814
3,458
43,450
81,137
[–4,173]
298
52,924

84,671

13,575
[4,173]
84,671

23,501

23,501

540,465
2,396,417

540,465
2,359,777

14,962

14,962

123,365

123,365

59,725
206,989
35,634

59,725
206,989
35,634

47,830
6,232
542
1,310
4,753

47,830
6,232
542
1,310
4,753

40,088

40,088

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4440

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

016

FUZES .................................................................................................
C-HOBS ahead of need ...............................................................
SMALL ARMS
UNDISTRIBUTED
SMALL ARMS ....................................................................................
TOTAL PROCUREMENT OF AMMUNITION, AIR
FORCE.

017

001
002
003
004
005
006
007
008
009
010
011
012
013
014
015
016
017

018

019

001
002
003
004
005
006
007
008
009
010
011
013
014

dkrause on LAP5T8D0R2PROD with PUBLAWS

015
016

017

VerDate Sep 11 2014

06:40 Jan 20, 2022

Jkt 019139

FY 2021
Request

Line

PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
ADVANCED EHF ...............................................................................
AF SATELLITE COMM SYSTEM ....................................................
COUNTERSPACE SYSTEMS ...........................................................
Insufficient justification ..............................................................
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................
GENERAL INFORMATION TECH—SPACE ..................................
GPSIII FOLLOW ON .........................................................................
Unjustified growth .......................................................................
GPS III SPACE SEGMENT ...............................................................
GLOBAL POSTIONING (SPACE) ....................................................
SPACEBORNE EQUIP (COMSEC) ..................................................
MILSATCOM ......................................................................................
SBIR HIGH (SPACE) .........................................................................
SPECIAL SPACE ACTIVITIES ........................................................
NATIONAL SECURITY SPACE LAUNCH .....................................
Launch services unjustified increase .........................................
NUDET DETECTION SYSTEM .......................................................
ROCKET SYSTEMS LAUNCH PROGRAM .....................................
SPACE FENCE ...................................................................................
SPACE MODS .....................................................................................
Insufficient justification ..............................................................
Transfer from OP,AF line 22 ......................................................
SPACELIFT RANGE SYSTEM SPACE ...........................................
Underexecution ............................................................................
SPARES
SPARES AND REPAIR PARTS ........................................................
TOTAL PROCUREMENT, SPACE FORCE .....................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
PASSENGER CARRYING VEHICLES ............................................
CARGO AND UTILITY VEHICLES
MEDIUM TACTICAL VEHICLE ......................................................
CAP VEHICLES .................................................................................
Program increase .........................................................................
CARGO AND UTILITY VEHICLES .................................................
SPECIAL PURPOSE VEHICLES
JOINT LIGHT TACTICAL VEHICLE ..............................................
SECURITY AND TACTICAL VEHICLES ........................................
SPECIAL PURPOSE VEHICLES .....................................................
FIRE FIGHTING EQUIPMENT
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................
MATERIALS HANDLING EQUIPMENT
MATERIALS HANDLING VEHICLES ............................................
BASE MAINTENANCE SUPPORT
RUNWAY SNOW REMOV AND CLEANING EQU ........................
BASE MAINTENANCE SUPPORT VEHICLES .............................
COMM SECURITY EQUIPMENT(COMSEC)
COMSEC EQUIPMENT .....................................................................
INTELLIGENCE PROGRAMS
INTERNATIONAL INTEL TECH & ARCHITECTURES ...............
PDI: Mission Partner Environment BICES-X local upgrades
INTELLIGENCE TRAINING EQUIPMENT ...................................
INTELLIGENCE COMM EQUIPMENT ..........................................
IMAD acquisition materials .......................................................
ELECTRONICS PROGRAMS
AIR TRAFFIC CONTROL & LANDING SYS ..................................

PO 00283

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Fmt 6580

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E:\PUBLAW\PUBL283.116

40,983

13,925
596,338

14,823
48,326
65,540
66,190
3,299
627,796
20,122
2,256
35,495
15,795
160,891
78,387
1,043,171
6,638
47,741
11,279
96,551

100,492

Conference
Authorized
38,901
[–2,082]

13,925
594,256

14,823
48,326
49,155
[–16,385]
66,190
3,299
612,796
[–15,000]
20,122
2,256
35,495
15,795
160,891
78,387
948,171
[–95,000]
6,638
47,741
11,279
88,706
[–10,000]
[2,155]
90,492
[–10,000]

1,272
2,446,064

1,272
2,301,834

9,016

9,016

15,058
1,059
38,920

15,058
1,800
[741]
38,920

30,544
319
43,157

30,544
319
43,157

8,621

8,621

12,897

12,897

3,577
43,095

3,577
43,095

54,864

54,864

9,283

10,783
[1,500]
6,849
30,191
[–3,280]

6,849
33,471

29,409

PUBL283

29,409

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4441

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Item

018
019
020
021
022

BATTLE CONTROL SYSTEM—FIXED ...........................................
THEATER AIR CONTROL SYS IMPROVEMEN ...........................
WEATHER OBSERVATION FORECAST ........................................
STRATEGIC COMMAND AND CONTROL .....................................
CHEYENNE MOUNTAIN COMPLEX .............................................
Transfer to P,SF line 17 ..............................................................
MISSION PLANNING SYSTEMS ....................................................
INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) .....
SPCL COMM-ELECTRONICS PROJECTS
GENERAL INFORMATION TECHNOLOGY ..................................
AF GLOBAL COMMAND & CONTROL SYS ..................................
MOBILITY COMMAND AND CONTROL .......................................
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................
Program decrease ........................................................................
COMBAT TRAINING RANGES ........................................................
forward financing ........................................................................
MINIMUM ESSENTIAL EMERGENCY COMM N ........................
Schedule slips ..............................................................................
WIDE AREA SURVEILLANCE (WAS) ............................................
C3 COUNTERMEASURES ................................................................
DEFENSE ENTERPRISE ACCOUNTING & MGT SYS ................
THEATER BATTLE MGT C2 SYSTEM ...........................................
AIR & SPACE OPERATIONS CENTER (AOC) ..............................
AIR FORCE COMMUNICATIONS
BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........
AFNET .................................................................................................
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........
USCENTCOM .....................................................................................
USSTRATCOM ...................................................................................
ORGANIZATION AND BASE
TACTICAL C-E EQUIPMENT ..........................................................
RADIO EQUIPMENT .........................................................................
BASE COMM INFRASTRUCTURE ..................................................
PDI: Mission Partner Environment PACNET ..........................
MODIFICATIONS
COMM ELECT MODS .......................................................................
PERSONAL SAFETY & RESCUE EQUIP
PERSONAL SAFETY AND RESCUE EQUIPMENT ......................
DEPOT PLANT+MTRLS HANDLING EQ
POWER CONDITIONING EQUIPMENT ........................................
MECHANIZED MATERIAL HANDLING EQUIP ...........................
BASE SUPPORT EQUIPMENT
BASE PROCURED EQUIPMENT ....................................................
ENGINEERING AND EOD EQUIPMENT ......................................
MOBILITY EQUIPMENT ..................................................................
FUELS SUPPORT EQUIPMENT (FSE) ..........................................
BASE MAINTENANCE AND SUPPORT EQUIPMENT ................
SPECIAL SUPPORT PROJECTS
DARP RC135 .......................................................................................
DCGS-AF .............................................................................................
SPECIAL UPDATE PROGRAM ........................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
Program adjustment ....................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS (CYBER) ........................................
SPARES AND REPAIR PARTS ........................................................
TOTAL OTHER PROCUREMENT, AIR FORCE ............

023
025
026
027
029
030
031
032
033
034
036
038
039
041
042
043
044
045
046
047
049

050
051
052
053
054
055
056
057
058
060
061
063
63A

064
065

dkrause on LAP5T8D0R2PROD with PUBLAWS

026
049
048
053

VerDate Sep 11 2014

FY 2021
Request

Line

PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, OSD
MAJOR EQUIPMENT, DPAA ...........................................................
MAJOR EQUIPMENT, OSD .............................................................
MAJOR EQUIPMENT, NSA
INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ..........
MAJOR EQUIPMENT, WHS
MAJOR EQUIPMENT, WHS ............................................................

06:40 Jan 20, 2022

Jkt 019139

PO 00283

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Fmt 6580

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7,909
32,632
33,021
31,353
10,314
15,132
9,806
39,887
2,602
10,541
96,277

Conference
Authorized
7,909
32,632
33,021
31,353
8,199
[–2,115]
15,132
9,806

59,633
105,584
899
3,392
24,983

39,887
2,602
10,541
93,777
[–2,500]
193,185
[–2,000]
21,664
[–8,000]
59,633
105,584
899
3,392
24,983

19,147
84,515
6,185
19,649
4,337

19,147
84,515
6,185
19,649
4,337

137,033
15,264
132,281

137,033
15,264
146,281
[14,000]

21,471

21,471

49,578

49,578

11,454
12,110

11,454
12,110

21,142
7,700
18,266
9,601
42,078

21,142
7,700
18,266
9,601
42,078

27,164
121,528
782,641

27,164
121,528
782,641

195,185
29,664

21,086,112

21,041,612
[–44,500]

1,664
15,847
23,695,720

1,664
15,847
23,649,566

500
3,099

500
3,099

101

101

515

515

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4442

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)

Line

011
012
013
014
016
017
018
019
020
021
023

003
050
051
031

034
035
036
037
038
039
040
041
042
005

028
029

027
025
002
024
54A

055
059
060

dkrause on LAP5T8D0R2PROD with PUBLAWS

061
062
063
064
065
066
067

VerDate Sep 11 2014

06:40 Jan 20, 2022

Jkt 019139

FY 2021
Request

Item
MAJOR EQUIPMENT, DISA
INFORMATION SYSTEMS SECURITY ..........................................
TELEPORT PROGRAM .....................................................................
JOINT FORCES HEADQUARTERS—DODIN ................................
ITEMS LESS THAN $5 MILLION ...................................................
DEFENSE INFORMATION SYSTEM NETWORK .........................
WHITE HOUSE COMMUNICATION AGENCY .............................
SENIOR LEADERSHIP ENTERPRISE ...........................................
JOINT REGIONAL SECURITY STACKS (JRSS) ...........................
JOINT SERVICE PROVIDER ...........................................................
FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) .............
MAJOR EQUIPMENT, DLA
MAJOR EQUIPMENT .......................................................................
MGUE—DLA requested transfer to RDTE,DW line 54 ...........
MAJOR EQUIPMENT, DCSA
MAJOR EQUIPMENT .......................................................................
MAJOR EQUIPMENT, TJS
MAJOR EQUIPMENT, TJS ...............................................................
MAJOR EQUIPMENT—TJS CYBER ...............................................
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY
THAAD ................................................................................................
8th THAAD battery components ................................................
HEMTT life-of-type buy ..............................................................
AEGIS BMD ........................................................................................
AEGIS BMD AP ..................................................................................
BMDS AN/TPY–2 RADARS ...............................................................
8th THAAD battery radar equipment .......................................
SM–3 IIAS ...........................................................................................
Increase SM–3 Block IIA quantities ..........................................
ARROW 3 UPPER TIER SYSTEMS .................................................
SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) .......
AEGIS ASHORE PHASE III .............................................................
IRON DOME .......................................................................................
AEGIS BMD HARDWARE AND SOFTWARE ................................
MAJOR EQUIPMENT, DHRA
PERSONNEL ADMINISTRATION ...................................................
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION
AGENCY
VEHICLES ..........................................................................................
OTHER MAJOR EQUIPMENT .........................................................
MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY
REGIONAL CENTER PROCUREMENT .........................................
MAJOR EQUIPMENT, DODEA
AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .........
MAJOR EQUIPMENT, DCMA
MAJOR EQUIPMENT .......................................................................
MAJOR EQUIPMENT, DMACT
MAJOR EQUIPMENT .......................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
Classified adjustment ..................................................................
AVIATION PROGRAMS
ARMED OVERWATCH/TARGETING ..............................................
Program decrease ........................................................................
ROTARY WING UPGRADES AND SUSTAINMENT .....................
UNMANNED ISR ...............................................................................
Program decrease ........................................................................
NON-STANDARD AVIATION ...........................................................
U–28 .....................................................................................................
MH–47 CHINOOK ..............................................................................
CV–22 MODIFICATION ....................................................................
MQ–9 UNMANNED AERIAL VEHICLE .........................................
PRECISION STRIKE PACKAGE .....................................................
Program decrease ........................................................................
AC/MC–130J .......................................................................................
RFCM excess to need ..................................................................

PO 00283

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Fmt 6580

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E:\PUBLAW\PUBL283.116

Conference
Authorized

17,211
29,841
3,091
41,569
26,978
44,161
35,935
88,741
157,538
42,084

17,211
29,841
3,091
41,569
26,978
44,161
35,935
88,741
157,538
42,084

417,459

410,459
[–7,000]

2,212

2,212

8,329
1,247

8,329
1,247

495,396

356,195
44,901

218,322
77,000
50,000
39,114
73,000
104,241

601,796
[76,300]
[30,100]
356,195
44,901
243,300
[243,300]
324,322
[106,000]
77,000
50,000
39,114
73,000
104,241

4,213

4,213

215
9,994

215
9,994

1,598

1,598

1,319

1,319

1,398

1,398

7,993

7,993

554,264

551,864
[–2,400]

101,000

0
[–101,000]
211,041
24,488
[–1,000]
61,874
3,825
135,482
14,829
6,746
238,111
[–5,000]
153,914
[–10,000]

211,041
25,488
61,874
3,825
135,482
14,829
6,746
243,111
163,914

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4443

SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
FY 2021
Request

Conference
Authorized

Line

Item

068

C–130 MODIFICATIONS ..................................................................
SHIPBUILDING
UNDERWATER SYSTEMS ...............................................................
AMMUNITION PROGRAMS
ORDNANCE ITEMS <$5M ................................................................
OTHER PROCUREMENT PROGRAMS
INTELLIGENCE SYSTEMS .............................................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........
OTHER ITEMS <$5M ........................................................................
MMP excess to need ....................................................................
COMBATANT CRAFT SYSTEMS ....................................................
SPECIAL PROGRAMS .......................................................................
Program decrease ........................................................................
TACTICAL VEHICLES ......................................................................
WARRIOR SYSTEMS <$5M ..............................................................
COMBAT MISSION REQUIREMENTS ...........................................
GLOBAL VIDEO SURVEILLANCE ACTIVITIES ..........................
OPERATIONAL ENHANCEMENTS INTELLIGENCE .................
OPERATIONAL ENHANCEMENTS ................................................
CBDP
CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ...........
CB PROTECTION & HAZARD MITIGATION ................................
TOTAL PROCUREMENT, DEFENSE-WIDE ...................

147,150
149,944
5,324,487

147,150
149,944
5,634,061

TOTAL PROCUREMENT ....................................................

130,684,160

136,585,222

069
070
071
072
073
074
075
076
077
078
079
080
081
082
083

20,414

20,414

20,556

20,556

186,197

186,197

94,982
11,645
96,333

94,982
11,645
84,107
[–12,226]
17,278
71,365
[–7,500]
30,158
260,733
19,848
2,401
13,861
247,038

17,278
78,865
30,158
260,733
19,848
2,401
13,861
247,038

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

002

009
014
017
020
025
030
037
038

041

002
003
006

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Request

Item
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
MQ–1 UAV ..........................................................................................
Additional aircraft .......................................................................
ROTARY
AH–64 APACHE BLOCK IIIB NEW BUILD ...................................
CH–47 HELICOPTER ........................................................................
MODIFICATION OF AIRCRAFT
MQ–1 PAYLOAD (MIP) .....................................................................
Justification does not match need ..............................................
MULTI SENSOR ABN RECON (MIP) .............................................
EMARSS SEMA MODS (MIP) ..........................................................
DEGRADED VISUAL ENVIRONMENT ..........................................
GROUND SUPPORT AVIONICS
CMWS ..................................................................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) .............
OTHER SUPPORT
UNDISTRIBUTED
AIRCREW INTEGRATED SYSTEMS ..............................................
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
M-SHORAD—PROCUREMENT .......................................................
MSE MISSILE ....................................................................................
AIR-TO-SURFACE MISSILE SYSTEM
HELLFIRE SYS SUMMARY .............................................................
ANTI-TANK/ASSAULT MISSILE SYS
GUIDED MLRS ROCKET (GMLRS) ................................................
LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS .....
Contract delays ............................................................................
MODIFICATIONS
ATACMS MODS .................................................................................

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110,000
[110,000]
69,154
50,472

69,154
50,472

5,968
122,520
26,460
1,916

0
[–5,968]
122,520
26,460
1,916

149,162
32,400

149,162
32,400

3,028
461,080

3,028
565,112

158,300
176,585

158,300
176,585

236,265

236,265

127,015
84,993

127,015
69,393
[–15,600]

78,434

78,434

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134 STAT. 4444

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)

022

MLRS MODS ......................................................................................
TOTAL MISSILE PROCUREMENT, ARMY ....................

20,000
881,592

20,000
865,992

PROCUREMENT OF W&TCV, ARMY
WEAPONS & OTHER COMBAT VEHICLES
MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...
MORTAR SYSTEMS ..........................................................................
TOTAL PROCUREMENT OF W&TCV, ARMY ...............

4,765
10,460
15,225

4,765
10,460
15,225

567
40
17
189
24,900

567
40
17
189
24,900

29,213
21,675

29,213
21,675

176
33,880

176
33,880

11
110,668

11
110,668

6,500
15,163
27,066

6,500
15,163
27,066

2,700

2,700

12,566
289
319

12,566
289
319

1,257

1,257

1,230

1,230

128

128

15,277
74,004

15,277
74,004

47,709
1,766
61,450
12,337

47,709
1,766
61,450
12,337

44,293
49,100

44,293
49,100

33,496
643
11
37,000
280
13,672

33,496
643
11
37,000
280
13,672

15,143

15,143

4,688
16,552

4,688
16,552

001
002
004
005
008
016
017
020
021
029

013
014
017
030
032
033
034
045
048
052
058
062
068
070
071
073
080
081
083
084
087
088
094
095

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109
110

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PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
CTG, 5.56MM, ALL TYPES ...............................................................
CTG, 7.62MM, ALL TYPES ...............................................................
CTG, HANDGUN, ALL TYPES .........................................................
CTG, .50 CAL, ALL TYPES ...............................................................
CTG, 30MM, ALL TYPES ..................................................................
ARTILLERY AMMUNITION
PROJ 155MM EXTENDED RANGE M982 ......................................
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
ROCKETS
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
ROCKET, HYDRA 70, ALL TYPES ..................................................
MISCELLANEOUS
ITEMS LESS THAN $5 MILLION (AMMO) ...................................
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................
PLS ESP ..............................................................................................
TACTICAL WHEELED VEHICLE PROTECTION KITS ...............
COMM—SATELLITE COMMUNICATIONS
TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.
ASSURED POSITIONING, NAVIGATION AND TIMING .............
SMART-T (SPACE) .............................................................................
GLOBAL BRDCST SVC—GBS ..........................................................
COMM—COMBAT COMMUNICATIONS
FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .....
COMM—INTELLIGENCE COMM
CI AUTOMATION ARCHITECTURE (MIP) ...................................
INFORMATION SECURITY
COMMUNICATIONS SECURITY (COMSEC) ................................
COMM—BASE COMMUNICATIONS
INFORMATION SYSTEMS ...............................................................
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...
ELECT EQUIP—TACT INT REL ACT (TIARA)
DCGS-A (MIP) ....................................................................................
TROJAN (MIP) ...................................................................................
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................
BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............
ELECT EQUIP—ELECTRONIC WARFARE (EW)
FAMILY OF PERSISTENT SURVEILLANCE CAP. (MIP) ...........
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
SENTINEL MODS .............................................................................
NIGHT VISION DEVICES ................................................................
RADIATION MONITORING SYSTEMS ..........................................
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS .............
COMPUTER BALLISTICS: LHMBC XM32 .....................................
MORTAR FIRE CONTROL SYSTEM ..............................................
ELECT EQUIP—TACTICAL C2 SYSTEMS
AIR & MSL DEFENSE PLANNING & CONTROL SYS ................
ELECT EQUIP—AUTOMATION
ARMY TRAINING MODERNIZATION ............................................
AUTOMATED DATA PROCESSING EQUIP ..................................
CHEMICAL DEFENSIVE EQUIPMENT

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4445

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Item

121
122
123

FAMILY OF NON-LETHAL EQUIPMENT (FNLE) .......................
BASE DEFENSE SYSTEMS (BDS) ..................................................
CBRN DEFENSE ...............................................................................
BRIDGING EQUIPMENT
TACTICAL BRIDGING ......................................................................
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
RENDER SAFE SETS KITS OUTFITS ............................................
COMBAT SERVICE SUPPORT EQUIPMENT
HEATERS AND ECU’S ......................................................................
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...............
FORCE PROVIDER ...........................................................................
FIELD FEEDING EQUIPMENT ......................................................
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
PETROLEUM EQUIPMENT
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
MEDICAL EQUIPMENT
COMBAT SUPPORT MEDICAL .......................................................
MAINTENANCE EQUIPMENT
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
ITEMS LESS THAN $5.0M (MAINT EQ) ........................................
CONSTRUCTION EQUIPMENT
LOADERS ...........................................................................................
HYDRAULIC EXCAVATOR ..............................................................
TRACTOR, FULL TRACKED ............................................................
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ..................
CONST EQUIP ESP ...........................................................................
GENERATORS
GENERATORS AND ASSOCIATED EQUIP ...................................
MATERIAL HANDLING EQUIPMENT
FAMILY OF FORKLIFTS ..................................................................
OTHER SUPPORT EQUIPMENT
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT .............
PHYSICAL SECURITY SYSTEMS (OPA3) .....................................
BUILDING, PRE-FAB, RELOCATABLE .........................................
TOTAL OTHER PROCUREMENT, ARMY ......................

125
137
140
142
145
146
147
150
151
152
153
156
157
158
160
162
167
169
180
181
185

024
053
055
064

012

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002
003
004
006
007
008
011
012
013

028

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Authorized

25,480
98,960
18,887

25,480
98,960
18,887

50,400

50,400

84,000

84,000

370
3,721
56,400
2,279
2,040

370
3,721
56,400
2,279
2,040

4,374

4,374

6,390

6,390

7,769
184

7,769
184

3,190
7,600
7,450
3,703
657

3,190
7,600
7,450
3,703
657

106

106

1,885

1,885

8,500
3,248
31,845
924,077

8,500
3,248
31,845
924,077

AIRCRAFT PROCUREMENT, NAVY
OTHER AIRCRAFT
STUASL0 UAV ...................................................................................
MODIFICATION OF AIRCRAFT
COMMON ECM EQUIPMENT .........................................................
COMMON DEFENSIVE WEAPON SYSTEM .................................
QRC .....................................................................................................
TOTAL AIRCRAFT PROCUREMENT, NAVY .................

7,921

7,921

3,474
3,339
18,507
33,241

3,474
3,339
18,507
33,241

WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
HELLFIRE ..........................................................................................
TOTAL WEAPONS PROCUREMENT, NAVY .................

5,572
5,572

5,572
5,572

PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
GENERAL PURPOSE BOMBS .........................................................
JDAM ...................................................................................................
AIRBORNE ROCKETS, ALL TYPES ...............................................
MACHINE GUN AMMUNITION ......................................................
CARTRIDGES & CART ACTUATED DEVICES .............................
AIR EXPENDABLE COUNTERMEASURES ..................................
JATOS .................................................................................................
OTHER SHIP GUN AMMUNITION ................................................
SMALL ARMS & LANDING PARTY AMMO ..................................
PYROTECHNIC AND DEMOLITION ..............................................
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......

8,068
15,529
23,000
22,600
3,927
15,978
2,100
2,611
1,624
505
95,942

8,068
15,529
23,000
22,600
3,927
15,978
2,100
2,611
1,624
505
95,942

OTHER PROCUREMENT, NAVY
SMALL BOATS
STANDARD BOATS ...........................................................................

19,104

19,104

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134 STAT. 4446

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)

Line

035
043
092
095
110
115
116
118
125
128
130
136

012
015
022
038

013
020

021
026
046
055
066
069
070
071
072
073

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008
009

FY 2021
Request

Item
OTHER SHIP SUPPORT
SMALL & MEDIUM UUV .................................................................
ASW ELECTRONIC EQUIPMENT
FIXED SURVEILLANCE SYSTEM ..................................................
SONOBUOYS
SONOBUOYS—ALL TYPES .............................................................
AIRCRAFT SUPPORT EQUIPMENT
AIRCRAFT SUPPORT EQUIPMENT ...............................................
OTHER ORDNANCE SUPPORT EQUIPMENT
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
CIVIL ENGINEERING SUPPORT EQUIPMENT
PASSENGER CARRYING VEHICLES ............................................
GENERAL PURPOSE TRUCKS .......................................................
FIRE FIGHTING EQUIPMENT .......................................................
SUPPLY SUPPORT EQUIPMENT
FIRST DESTINATION TRANSPORTATION ..................................
TRAINING DEVICES
TRAINING AND EDUCATION EQUIPMENT ................................
COMMAND SUPPORT EQUIPMENT
MEDICAL SUPPORT EQUIPMENT ................................................
PHYSICAL SECURITY EQUIPMENT .............................................
TOTAL OTHER PROCUREMENT, NAVY .......................
PROCUREMENT, MARINE CORPS
GUIDED MISSILES
GUIDED MLRS ROCKET (GMLRS) ................................................
OTHER SUPPORT (TEL)
MODIFICATION KITS ......................................................................
INTELL/COMM EQUIPMENT (NON-TEL)
INTELLIGENCE SUPPORT EQUIPMENT .....................................
TACTICAL VEHICLES
MOTOR TRANSPORT MODIFICATIONS .......................................
TOTAL PROCUREMENT, MARINE CORPS ..................

2,946

2,946

213,000

213,000

26,196

26,196

60,217

60,217

2,124

2,124

177
416
801

177
416
801

520

520

11,500

11,500

3,525
3,000
343,526

3,525
3,000
343,526

17,456

17,456

4,200

4,200

10,124

10,124

16,183
47,963

16,183
47,963

174,000

174,000

142,490

13,770

57,900
[–8,600]
[–75,990]
13,770

57,521

57,521

9,600
12,800
58,020
46,100
6,290

9,600
12,800
58,020
63,500
[17,400]
6,290

AIRCRAFT PROCUREMENT, AIR FORCE
HELICOPTERS
COMBAT RESCUE HELICOPTER ..................................................
OTHER AIRCRAFT
MQ–9 ...................................................................................................
ECP excess to need ......................................................................
Production line shutdown ahead of need ...................................
RQ–20B PUMA ...................................................................................
STRATEGIC AIRCRAFT
LARGE AIRCRAFT INFRARED COUNTERMEASURES ..............
OTHER AIRCRAFT
U–2 MODS ..........................................................................................
COMPASS CALL ................................................................................
HC/MC–130 MODIFICATIONS ........................................................
MQ–9 UAS PAYLOADS .....................................................................
WAMI combat loss replacement .................................................
CV–22 MODS ......................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS ..................................................
MQ–9 ...................................................................................................
COMMON SUPPORT EQUIPMENT
AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....

10,700
12,250

10,700
12,250

25,614
569,155

25,614
501,965

MISSILE PROCUREMENT, AIR FORCE
TACTICAL
JOINT AIR-SURFACE STANDOFF MISSILE ................................
PREDATOR HELLFIRE MISSILE ...................................................
SMALL DIAMETER BOMB ..............................................................
TOTAL MISSILE PROCUREMENT, AIR FORCE .........

30,000
143,420
50,352
223,772

30,000
143,420
50,352
223,772

PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4447

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Item

001

ROCKETS ...........................................................................................
CARTRIDGES
CARTRIDGES .....................................................................................
BOMBS
GENERAL PURPOSE BOMBS .........................................................
JOINT DIRECT ATTACK MUNITION ............................................
FLARES
FLARES ...............................................................................................
FUZES
FUZES .................................................................................................
SMALL ARMS
UNDISTRIBUTED
SMALL ARMS ....................................................................................
TOTAL PROCUREMENT OF AMMUNITION, AIR
FORCE.

002
004
006
015
016

017

001
002
004
005
007
008
009
010
011
026
030
049
055
056
057
058
061
065

016

030
54A
056

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060
062

070
071

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OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
PASSENGER CARRYING VEHICLES ............................................
CARGO AND UTILITY VEHICLES
MEDIUM TACTICAL VEHICLE ......................................................
CARGO AND UTILITY VEHICLES .................................................
SPECIAL PURPOSE VEHICLES
JOINT LIGHT TACTICAL VEHICLE ..............................................
SPECIAL PURPOSE VEHICLES .....................................................
FIRE FIGHTING EQUIPMENT
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................
MATERIALS HANDLING EQUIPMENT
MATERIALS HANDLING VEHICLES ............................................
BASE MAINTENANCE SUPPORT
RUNWAY SNOW REMOV AND CLEANING EQU ........................
BASE MAINTENANCE SUPPORT VEHICLES .............................
SPCL COMM-ELECTRONICS PROJECTS
GENERAL INFORMATION TECHNOLOGY ..................................
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................
ORGANIZATION AND BASE
BASE COMM INFRASTRUCTURE ..................................................
BASE SUPPORT EQUIPMENT
ENGINEERING AND EOD EQUIPMENT ......................................
MOBILITY EQUIPMENT ..................................................................
FUELS SUPPORT EQUIPMENT (FSE) ..........................................
BASE MAINTENANCE AND SUPPORT EQUIPMENT ................
SPECIAL SUPPORT PROJECTS
DCGS-AF .............................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
TOTAL OTHER PROCUREMENT, AIR FORCE ............
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
DEFENSE INFORMATION SYSTEM NETWORK .........................
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION
AGENCY
COUNTER IMPROVISED THREAT TECHNOLOGIES ................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
AVIATION PROGRAMS
MANNED ISR .....................................................................................
Combat loss replacement—DHC–8 ............................................
MC–12 ..................................................................................................
UNMANNED ISR ...............................................................................
U–28 .....................................................................................................
Combat loss replacement ............................................................
AMMUNITION PROGRAMS
ORDNANCE ITEMS <$5M ................................................................
OTHER PROCUREMENT PROGRAMS
INTELLIGENCE SYSTEMS .............................................................

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19,489

19,489

40,434

40,434

369,566
237,723

369,566
237,723

21,171

21,171

107,855

107,855

6,217
802,455

6,217
802,455

1,302

1,302

3,400
12,475

3,400
12,475

26,150
51,254

26,150
51,254

24,903

24,903

14,167

14,167

5,759
20,653

5,759
20,653

5,100
56,496

5,100
56,496

30,717

30,717

13,172
33,694
1,777
31,620

13,172
33,694
1,777
31,620

18,700

18,700

4,000
355,339

4,000
355,339

6,120

6,120

2,540

2,540

3,500

3,500

5,000

45,100
[40,100]
5,000
8,207
24,711
[24,711]

5,000
8,207

105,355

105,355

16,234

16,234

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4448

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
FY 2021
Request

Line

Item

073
076
077
078
080
081

OTHER ITEMS <$5M ........................................................................
TACTICAL VEHICLES ......................................................................
WARRIOR SYSTEMS <$5M ..............................................................
COMBAT MISSION REQUIREMENTS ...........................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE .................
OPERATIONAL ENHANCEMENTS ................................................
TOTAL PROCUREMENT, DEFENSE-WIDE ...................

007

Conference
Authorized

984
2,990
32,573
10,000
6,724
53,264
258,491

984
2,990
32,573
10,000
6,724
53,264
323,302

NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
UNDISTRIBUTED
UNDISTRIBUTED .............................................................................
Program increase .........................................................................
TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT.
TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT.

150,000
[150,000]
150,000
150,000

TOTAL PROCUREMENT ....................................................

5,128,098

5,514,151

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.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

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Program
Element

002

0601102A

003

0601103A

004

0601104A

005

0601121A

007
011

0602115A
0602134A

012

0602141A

013

0602142A

014

0602143A

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Request

Item
RESEARCH, DEVELOPMENT, TEST & EVAL,
ARMY
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES ...........................
Counter-UAS Army research lab ..........................
Increase in basic research .....................................
UNIVERSITY RESEARCH INITIATIVES .................
Program increase ...................................................
UNIVERSITY AND INDUSTRY RESEARCH CENTERS.
Automotive research center modeling and simulation.
Biotechnology advancements ................................
Program increase ...................................................
CYBER COLLABORATIVE RESEARCH ALLIANCE
SUBTOTAL BASIC RESEARCH .........................
APPLIED RESEARCH
BIOMEDICAL TECHNOLOGY ...................................
COUNTER IMPROVISED-THREAT ADVANCED
STUDIES.
LETHALITY TECHNOLOGY ......................................
Hybrid additive manufacturing ............................
Next generation additive manufacturing and 3–
D printed electronics.
ARMY APPLIED RESEARCH .....................................
Pathfinder Air Assault ..........................................
SOLDIER LETHALITY TECHNOLOGY ....................
HEROES program increase ..................................
Pathfinder Airborne ...............................................

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303,257

67,148
87,877

Conference
Authorized

318,257
[5,000]
[10,000]
72,148
[5,000]
101,877
[5,000]

5,077
463,359

[4,000]
[5,000]
5,077
497,359

11,835
2,000

11,835
2,000

42,425

50,425
[3,000]
[5,000]

30,757

33,757
[3,000]
137,435
[5,000]
[5,000]

125,435

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4449

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

015

016

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017

0602144A

0602145A

0602146A

018

0602147A

019

0602148A

020

0602150A

022
040

0602213A
0602785A

042

0602787A

044
049

0603002A
0603007A

052
053

0603115A
0603117A

054

0603118A

055

0603119A

059
063
064

0603134A
0603457A
0603461A

065

0603462A

066

VerDate Sep 11 2014

Program
Element

0603463A

06:40 Jan 20, 2022

FY 2021
Request

Item
Syn-bio enabled functional materials for the soldier.
GROUND TECHNOLOGY ...........................................
Cold weather military research ............................
Ground technology advanced manufacturing,
materials and process initiative.
Materials recovery technologies for defense supply resiliency.
Polymeric composites via cold spray additive
manufacturing.
NEXT GENERATION COMBAT VEHICLE TECHNOLOGY.
Ground combat vehicle platform electrification ..
Immersive virtual modeling and simulation
techniques.
Next Generation Combat Vehicle modeling and
simulation.
NETWORK C3I TECHNOLOGY .................................
Alternative positioning navigation and timing ...
Defense resiliency platform against extreme cold
weather.
Multi-drone multi-sensor ISR capability .............
Program increase ...................................................
LONG RANGE PRECISION FIRES TECHNOLOGY
Composite artillery tube and propulsion prototyping.
FUTURE VERTICLE LIFT TECHNOLOGY ..............
High density eVOTL power source research .......
AIR AND MISSILE DEFENSE TECHNOLOGY .......
Advanced beam control tracking and targeting ..
High energy laser technology ................................
C3I APPLIED CYBER ..................................................
MANPOWER/PERSONNEL/TRAINING
TECHNOLOGY.
MEDICAL TECHNOLOGY ..........................................
SUBTOTAL APPLIED RESEARCH ....................
ADVANCED TECHNOLOGY DEVELOPMENT
MEDICAL ADVANCED TECHNOLOGY ...................
MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.
MEDICAL DEVELOPMENT .......................................
ARMY ADVANCED TECHNOLOGY DEVELOPMENT.
SOLDIER
LETHALITY
ADVANCED
TECHNOLOGY.
3D advanced manufacturing .................................
Advanced AI/AA analytics for modernization and
readiness.
Anthropomorphic study for body armor modernization.
GROUND ADVANCED TECHNOLOGY ....................
Graphene applications for military engineering
Rapid entry and sustainment for the arctic ........
COUNTER IMPROVISED-THREAT SIMULATION
C3I CYBER ADVANCED DEVELOPMENT ..............
HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.
High performance computing modernization ......
NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.
Carbon fiber and graphitic composites .................
Fuel cell powered vehicle development ................
Small unit ground robotic capabilities .................
Virtual experimentations enhancement ...............
NETWORK C3I ADVANCED TECHNOLOGY ..........
Tactical geospatial information development ......

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Authorized
[2,000]

28,047

47,047
[2,000]
[2,000]
[10,000]
[5,000]

217,565

227,565
[2,000]
[5,000]
[3,000]

114,404

60,553

96,484
56,298

18,816
20,766

129,404
[5,000]
[3,000]
[2,000]
[5,000]
65,553
[5,000]
101,484
[5,000]
66,298
[5,000]
[5,000]
18,816
20,766

95,496
920,881

95,496
1,007,881

38,896
11,659

38,896
11,659

27,723
62,663

27,723
62,663

109,608

120,608
[2,000]
[5,000]
[4,000]

14,795

25,000
23,357
188,024

22,795
[3,000]
[5,000]
25,000
23,357
193,024

199,358

[5,000]
231,858

158,608

[10,000]
[10,000]
[7,500]
[5,000]
163,608
[5,000]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4450

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line
067

0603465A

069

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06:40 Jan 20, 2022

0603464A

068

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VerDate Sep 11 2014

Program
Element

0603920A

0603305A

079
080

0603308A
0603327A

081

0603619A

083
084

0603639A
0603645A

085
086

0603747A
0603766A

087

0603774A

088

0603779A

089
090

0603790A
0603801A

091

0603804A

092
093

0603807A
0603827A

094

0604017A

096

0604021A

097

0604035A

098
099

0604100A
0604101A

100

0604113A

101

0604114A

102

0604115A

103

0604117A

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FY 2021
Request

Item
LONG RANGE PRECISION FIRES ADVANCED
TECHNOLOGY.
Hypervelocity projectile—extended range technologies.
FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY.
AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY.
High-energy laser system characterization lab ...
Program acceleration .............................................
HUMANITARIAN DEMINING ...................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
ARMY MISSLE DEFENSE SYSTEMS INTEGRATION.
Accelerated test and integration ...........................
Hypersonic hot air tunnel test environment .......
ARMY SPACE SYSTEMS INTEGRATION ................
AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.
LANDMINE WARFARE AND BARRIER—ADV
DEV.
Interim top attack support costs carryover .........
MICLIC replacement development .......................
TANK AND MEDIUM CALIBER AMMUNITION ....
ARMORED SYSTEM MODERNIZATION—ADV
DEV.
Program decrease ...................................................
SOLDIER SUPPORT AND SURVIVABILITY ...........
TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV.
MDSS sensor development contract ahead of
need.
NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.
ENVIRONMENTAL QUALITY TECHNOLOGY—
DEM/VAL.
NATO RESEARCH AND DEVELOPMENT ...............
AVIATION—ADV DEV ................................................
Future Long Range Assault Aircraft (FLRAA) ...
LOGISTICS AND ENGINEER EQUIPMENT—ADV
DEV.
MEDICAL SYSTEMS—ADV DEV ..............................
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT.
IHPS program delays ............................................
ROBOTICS DEVELOPMENT ......................................
Excess testing and evaluation growth ..................
ELECTRONIC WARFARE TECHNOLOGY MATURATION (MIP).
LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY.
ANALYSIS OF ALTERNATIVES ................................
SMALL UNMANNED AERIAL VEHICLE (SUAV)
(6.4).
FUTURE TACTICAL UNMANNED AIRCRAFT
SYSTEM (FTUAS).
LOWER TIER AIR MISSILE DEFENSE (LTAMD)
SENSOR.
TECHNOLOGY MATURATION INITIATIVES .........
OpFires lack of transition pathway ......................
MANEUVER—SHORT RANGE AIR DEFENSE (MSHORAD).

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121,060

Conference
Authorized
131,060
[10,000]

156,194

156,194

58,130

73,630

8,515
1,203,590

[10,500]
[5,000]
8,515
1,290,590

11,062

24,062

26,230
26,482

[10,000]
[3,000]
26,230
26,482

64,092

61,858

92,753
151,478

[–4,234]
[2,000]
92,753
136,478

5,841
194,775

[–15,000]
5,841
182,400
[–12,375]

24,316

24,316

13,387

13,387

4,762
647,937
4,761

4,762
652,937
[5,000]
4,761

28,520
26,138

28,520
24,138

22,840

[–2,000]
114,792
[–6,415]
22,840

22,678

22,678

10,082
1,378

10,082
1,378

40,083

40,083

376,373

376,373

156,834

146,834
[–10,000]
4,995

121,207

4,995

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4451

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

Program
Element

105

0604119A

106

0604120A

107

0604121A

108

0604134A

109

0604182A

111
112
115

0604403A
0604541A
0305251A

118
119

0604201A
0604270A

121

0604601A

122
123
124
125
126
127

0604604A
0604611A
0604622A
0604633A
0604642A
0604645A

128

0604710A

129

0604713A

130
131

0604715A
0604741A

132

0604742A

133
134

0604746A
0604760A

135
136

0604768A
0604780A

137

0604798A

138
139

0604802A
0604804A

140

0604805A

141

0604807A

142

0604808A

06:40 Jan 20, 2022

FY 2021
Request

Item
ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING.
ASSURED POSITIONING, NAVIGATION AND
TIMING (PNT).
SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING.
COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND
TESTING.
HYPERSONICS ............................................................
Program increase ...................................................
FUTURE INTERCEPTOR ...........................................
UNIFIED NETWORK TRANSPORT ..........................
CYBERSPACE OPERATIONS FORCES AND
FORCE SUPPORT.
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
AIRCRAFT AVIONICS .................................................
ELECTRONIC WARFARE DEVELOPMENT ............
MFEW developmenal test flight ahead of need ..
INFANTRY SUPPORT WEAPONS .............................
Advanced gunner protection kit development .....
NGSW special purpose projectile development
delay.
Soldier Enhancement Program .............................
MEDIUM TACTICAL VEHICLES ..............................
JAVELIN .......................................................................
FAMILY OF HEAVY TACTICAL VEHICLES ...........
AIR TRAFFIC CONTROL ............................................
LIGHT TACTICAL WHEELED VEHICLES ..............
ARMORED SYSTEMS MODERNIZATION (ASM)—
ENG DEV.
NIGHT VISION SYSTEMS—ENG DEV .....................
FWS-S contract development excess to need .......
Heads up display product development previously funded.
COMBAT FEEDING, CLOTHING, AND EQUIPMENT.
NON-SYSTEM TRAINING DEVICES—ENG DEV ...
AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.
Joint Counter-UAS Office acceleration ................
Joint Counter-UAS Office SOCOM cUAS
capabilitities for austere locations abroad.
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.
AUTOMATIC TEST EQUIPMENT DEVELOPMENT
DISTRIBUTIVE INTERACTIVE SIMULATIONS
(DIS)—ENG DEV.
BRILLIANT ANTI-ARMOR SUBMUNITION (BAT)
COMBINED ARMS TACTICAL TRAINER (CATT)
CORE.
BRIGADE ANALYSIS, INTEGRATION AND EVALUATION.
WEAPONS AND MUNITIONS—ENG DEV ..............
LOGISTICS AND ENGINEER EQUIPMENT—ENG
DEV.
194 excess support costs ........................................
COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV.
MEDICAL MATERIEL/MEDICAL BIOLOGICAL
DEFENSE EQUIPMENT—ENG DEV.
LANDMINE WARFARE/BARRIER—ENG DEV ........

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Authorized

170,490

170,490

128,125

128,125

129,547

129,547

13,831

13,831

801,417

811,417
[10,000]
7,992
40,677
50,525

7,992
40,677
50,525
3,421,608

2,764
62,426
91,574

8,523
7,493
24,792
3,511
1,976
135,488

3,401,584

2,764
59,026
[–3,400]
89,770
[2,000]
[–8,804]
[5,000]
8,523
7,493
24,792
3,511
1,976
135,488

61,445

55,277
[–5,000]
[–1,168]

2,814

2,814

28,036
43,651

28,036
86,151
[17,500]
[25,000]

10,150

10,150

5,578
7,892

5,578
7,892

24,975
3,568

24,975
3,568

19,268

19,268

265,811
49,694

265,811
48,344

11,079

[–1,350]
11,079

49,870

49,870

9,589

9,589

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4452

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line

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06:40 Jan 20, 2022

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Element
0604818A

144
145

0604820A
0604822A

146

0604823A

147
148

0604827A
0604852A

149
150

0604854A
0605013A

151

0605018A

152

0605028A

154
155
157

0605030A
0605031A
0605033A

159

0605035A

161

0605038A

162

0605041A

163

0605042A

164
166
167

0605047A
0605051A
0605052A

168
169
170

0605053A
0605054A
0605145A

171

0605203A

172

0605205A

174
175

0605450A
0605457A

176

0605625A

177
178

0605766A
0605812A

179
180
183

0605830A
0303032A
0304270A

Jkt 019139

PO 00283

FY 2021
Request

Item
ARMY TACTICAL COMMAND & CONTROL
HARDWARE & SOFTWARE.
Command post integrated infrastructure contract delay.
Rephasing of MCE v3.2 development ...................
TROPO IOT&E funded ahead of need .................
RADAR DEVELOPMENT ............................................
GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS).
FIREFINDER ................................................................
Prior year carry-over .............................................
SOLDIER SYSTEMS—WARRIOR DEM/VAL ............
SUITE OF SURVIVABILITY ENHANCEMENT
SYSTEMS—EMD.
Prior year carry-over .............................................
Program increase for vehicle protection systems
ARTILLERY SYSTEMS—EMD ...................................
INFORMATION TECHNOLOGY DEVELOPMENT
FL9 unjustified request .........................................
FM7 HRC core IT schedule discrepancy ..............
FM8 ATIS release 2 ahead of need ......................
INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPPS-A).
ARMORED MULTI-PURPOSE VEHICLE (AMPV) ...
Army identified funds excess to need ...................
Test delays ..............................................................
JOINT TACTICAL NETWORK CENTER (JTNC) .....
JOINT TACTICAL NETWORK (JTN) ........................
GROUND-BASED
OPERATIONAL
SURVEILLANCE SYSTEM—EXPEDITIONARY (GBOSS-E).
COMMON
INFRARED
COUNTERMEASURES
(CIRCM).
AI virtual training environments .........................
NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR
SUITE.
DEFENSIVE CYBER TOOL DEVELOPMENT .........
Army Cyber SU program ......................................
TACTICAL NETWORK RADIO SYSTEMS (LOWTIER).
Testing unjustified request ...................................
CONTRACT WRITING SYSTEM ................................
AIRCRAFT SURVIVABILITY DEVELOPMENT .......
INDIRECT FIRE PROTECTION CAPABILITY INC
2—BLOCK 1.
Army identified funds excess to need ...................
GROUND ROBOTICS ..................................................
EMERGING TECHNOLOGY INITIATIVES ..............
MEDICAL PRODUCTS AND SUPPORT SYSTEMS
DEVELOPMENT.
ARMY SYSTEM DEVELOPMENT & DEMONSTRATION.
SMALL UNMANNED AERIAL VEHICLE (SUAV)
(6.5).
JOINT AIR-TO-GROUND MISSILE (JAGM) .............
ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD).
MANNED GROUND VEHICLE ..................................
Army identified funds excess to need ...................
NATIONAL CAPABILITIES INTEGRATION (MIP)
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.
AVIATION GROUND SUPPORT EQUIPMENT .......
TROJAN—RH12 ...........................................................
ELECTRONIC WARFARE DEVELOPMENT ............

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162,513

Conference
Authorized
140,674
[–10,000]

109,259
21,201
20,008
6,534
82,459

11,611
142,678

115,286
96,594

[–7,909]
[–3,930]
109,259
21,201
16,808
[–3,200]
6,534
124,380
[–5,079]
[47,000]
11,611
124,612
[–5,987]
[–8,915]
[–3,164]
115,286

16,264
31,696
5,976

76,594
[–12,000]
[–8,000]
16,264
31,696
5,976

23,321

28,321

4,846

[5,000]
4,846

28,544
28,178

16,544
[–12,000]
22,157

22,860
35,893
235,770

[–6,021]
22,860
35,893
188,008

13,710
294,739
954

[–47,762]
13,710
294,739
954

150,201

150,201

5,999

5,999

8,891
193,929

8,891
193,929

327,732
7,670
1,742

244,500
[–83,232]
7,670
1,742

1,467
3,451
55,855

1,467
3,451
55,855

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4453

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

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SUBTOTAL SYSTEM
DEMONSTRATION.

VerDate Sep 11 2014

185
186
187

0604256A
0604258A
0604759A

188
189
190
192

0605103A
0605301A
0605326A
0605601A

193

0605602A

194
195
196

0605604A
0605606A
0605702A

197
198
199
200
201

0605706A
0605709A
0605712A
0605716A
0605718A

202
203
204

0605801A
0605803A
0605805A

205

0605857A

206

0605898A

208

0606002A

209

0606003A

210
211

0606105A
0606942A

214
216
217

0603778A
0605024A
0607131A

219

0607134A

221

0607136A

222

0607137A

224

0607139A

225

0607142A

226

0607143A

06:40 Jan 20, 2022

FY 2021
Request

Item
DEVELOPMENT

&

MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ..................
TARGET SYSTEMS DEVELOPMENT .......................
MAJOR T&E INVESTMENT .......................................
Program increase ...................................................
RAND ARROYO CENTER ...........................................
ARMY KWAJALEIN ATOLL .......................................
CONCEPTS EXPERIMENTATION PROGRAM ........
ARMY TEST RANGES AND FACILITIES .................
Program increase—Army directed energy T&E ..
ARMY TECHNICAL TEST INSTRUMENTATION
AND TARGETS.
SURVIVABILITY/LETHALITY ANALYSIS ...............
AIRCRAFT CERTIFICATION .....................................
METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.
MATERIEL SYSTEMS ANALYSIS .............................
EXPLOITATION OF FOREIGN ITEMS .....................
SUPPORT OF OPERATIONAL TESTING .................
ARMY EVALUATION CENTER .................................
ARMY MODELING & SIM X-CMD COLLABORATION & INTEG.
PROGRAMWIDE ACTIVITIES ...................................
TECHNICAL INFORMATION ACTIVITIES .............
MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY.
Conventional ammunition demilitarization carryover.
Development of polymer-cased ammunition ........
Manufacturing technology for industrial base
transformation carryover.
Program acceleration .............................................
ENVIRONMENTAL
QUALITY
TECHNOLOGY
MGMT SUPPORT.
ARMY DIRECT REPORT HEADQUARTERS—R&D
- MHA.
RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE.
COUNTERINTEL AND HUMAN INTEL MODERNIZATION.
MEDICAL PROGRAM-WIDE ACTIVITIES ...............
ASSESSMENTS AND EVALUATIONS CYBER
VULNERABILITIES.
SUBTOTAL MANAGEMENT SUPPORT ...........
OPERATIONAL SYSTEMS DEVELOPMENT
MLRS PRODUCT IMPROVEMENT PROGRAM .......
ANTI-TAMPER TECHNOLOGY SUPPORT ..............
WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.
LONG RANGE PRECISION FIRES (LRPF) ..............
Program reduction .................................................
BLACKHAWK PRODUCT IMPROVEMENT PROGRAM.
CHINOOK PRODUCT IMPROVEMENT PROGRAM
Carbon composite materials for wheels and
brakes.
IMPROVED TURBINE ENGINE PROGRAM ............
Unjustified matrixed engineering support
growth.
AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT.
UNMANNED AIRCRAFT SYSTEM UNIVERSAL
PRODUCTS.

Jkt 019139

PO 00283

Frm 01067

Fmt 6580

Sfmt 6581

3,199,798

14,515
10,668
106,270

Conference
Authorized
3,064,377

48,475

14,515
10,668
111,270
[5,000]
13,481
231,824
54,898
365,359
[15,000]
48,475

36,001
2,736
6,488

36,001
2,736
6,488

21,859
7,936
54,470
63,141
2,572

21,859
7,936
54,470
63,141
2,572

87,472
26,244
40,133

87,472
26,244
47,500

13,481
231,824
54,898
350,359

[–1,633]
[5,000]
[–1,000]

1,780

[5,000]
1,780

55,045

55,045

71,306

71,306

1,063

1,063

19,891
4,496

19,891
4,496

1,333,123

1,360,490

10,157
8,682
20,409

10,157
8,682
20,409

122,733

107,733
[–15,000]
11,236

11,236
46,091

51,091
[5,000]

249,257

245,509
[–3,748]

17,155

17,155

7,743

7,743

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4454

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line

Program
Element

227
228
229
230
231
232

0607145A
0607150A
0607312A
0607665A
0607865A
0203728A

233

0203735A

234

0203743A

235

0203744A

236

0203752A

237
238

0203758A
0203801A

239

0203802A

243

0205412A

244

0205456A

245

0205778A

246
249
250
251
256
257
258
259

0208053A
0303140A
0303141A
0303142A
0305179A
0305204A
0305206A
0305208A

264

0708045A

266A

267

9999999999

0608041A

FY 2021
Request

Item
APACHE FUTURE DEVELOPMENT ........................
INTEL CYBER DEVELOPMENT ...............................
ARMY OPERATIONAL SYSTEMS DEVELOPMENT
FAMILY OF BIOMETRICS .........................................
PATRIOT PRODUCT IMPROVEMENT .....................
JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).
COMBAT VEHICLE IMPROVEMENT PROGRAMS
Bradley excess carryover .......................................
CROWS-J program delay ......................................
155MM
SELF-PROPELLED
HOWITZER
IMPROVEMENTS.
Army identified as excess to need ........................
Prior year carry-over .............................................
AIRCRAFT
MODIFICATIONS/PRODUCT
IMPROVEMENT PROGRAMS.
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.
DIGITIZATION .............................................................
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.
OTHER MISSILE PRODUCT IMPROVEMENT
PROGRAMS.
Program decrease ...................................................
ENVIRONMENTAL QUALITY TECHNOLOGY—
OPERATIONAL SYSTEM DEV.
LOWER TIER AIR AND MISSILE DEFENSE
(AMD) SYSTEM.
GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM
(GMLRS).
JOINT TACTICAL GROUND SYSTEM .....................
INFORMATION SYSTEMS SECURITY PROGRAM
GLOBAL COMBAT SUPPORT SYSTEM ...................
SATCOM GROUND ENVIRONMENT (SPACE) .......
INTEGRATED BROADCAST SERVICE (IBS) ..........
TACTICAL UNMANNED AERIAL VEHICLES ........
AIRBORNE RECONNAISSANCE SYSTEMS ............
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.
Functional fabrics manufacturing ........................
Nanoscale materials manufacturing ....................
Tungsten manufacturing for armanents ..............
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
UNDISTRIBUTED
DEFENSIVE CYBER—SOFTWARE PROTOTYPE
DEVELOPMENT.
Army-requested transfer from Other Procurement, Army line 53 for program management.
SUBTOTAL SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS.
SUBTOTAL UNDISTRIBUTED ...........................

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TOTAL RESEARCH, DEVELOPMENT,
TEST & EVAL, ARMY.

001

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RESEARCH, DEVELOPMENT, TEST & EVAL,
NAVY
BASIC RESEARCH
UNIVERSITY RESEARCH INITIATIVES .................

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Conference
Authorized

77,177
14,652
35,851
1,324
187,840
44,691

77,177
14,652
35,851
1,324
187,840
44,691

268,919

427,254

260,252
[–3,000]
[–5,667]
290,963

11,688

[–130,000]
[–6,291]
11,688

80

80

4,516
1,288

4,516
1,288

79,424

19,424

259

[–60,000]
259

166

166

75,575

75,575

9,510
29,270
86,908
18,684
467
4,051
13,283
47,204

9,510
29,270
86,908
18,684
467
4,051
13,283
47,204

61,012

78,512

3,983
1,998,539

46,445

[7,500]
[5,000]
[5,000]
3,983
1,797,333

58,445
[12,000]

46,445

58,445
12,000

12,587,343

12,478,059

116,816

126,816

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4455

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

002

0601152N

003

0601153N

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005

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Program
Element

0602114N
0602123N

006

0602131M

007
008

0602235N
0602236N

009

0602271N

010

0602435N

011

0602651M

012

0602747N

013

0602750N

014

0602782N

015

0602792N

016

0602861N

017

0603123N

018

0603271N

019

0603640M

020

0603651M

021

0603673N

022
023

0603680N
0603729N

06:40 Jan 20, 2022

FY 2021
Request

Item
Defense University Research and Instrumentation Program.
Program increase ...................................................
IN-HOUSE LABORATORY INDEPENDENT RESEARCH.
DEFENSE RESEARCH SCIENCES ...........................
Increase in basic research .....................................
Predictive modeling for undersea vehicles ...........
SUBTOTAL BASIC RESEARCH .........................
APPLIED RESEARCH
POWER PROJECTION APPLIED RESEARCH ........
FORCE PROTECTION APPLIED RESEARCH .........
Additive manufacturing of unmanned maritime
systems.
Direct Air Capture and Blue Carbon Removal
Technology Program.
Talent and technology for power and energy systems.
MARINE CORPS LANDING FORCE TECHNOLOGY.
Unmanned logistics solutions ...............................
COMMON PICTURE APPLIED RESEARCH ............
WARFIGHTER SUSTAINMENT APPLIED RESEARCH.
Humanoid robotics research .................................
Social networks and computational social
science.
ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH.
OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.
Extreme weather events research ........................
Program increase ...................................................
JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.
UNDERSEA WARFARE APPLIED RESEARCH .......
Academic partnerships for undersea vehicle research.
Autonomous undersea robotics .............................
FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.
MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.
INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH.
Thermoplastic materials ........................................
SCIENCE AND TECHNOLOGY MANAGEMENT—
ONR FIELD ACITIVITIES.
SUBTOTAL APPLIED RESEARCH ....................
ADVANCED TECHNOLOGY DEVELOPMENT
FORCE
PROTECTION
ADVANCED
TECHNOLOGY.
ELECTROMAGNETIC
SYSTEMS
ADVANCED
TECHNOLOGY.
USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD).
JOINT NON-LETHAL WEAPONS TECHNOLOGY
DEVELOPMENT.
FUTURE NAVAL CAPABILITIES ADVANCED
TECHNOLOGY DEVELOPMENT.
C-ENCAP program delays .....................................
MANUFACTURING TECHNOLOGY PROGRAM .....
WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.

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Conference
Authorized
[5,000]

19,113
467,158

603,087

17,792
122,281

[5,000]
19,113
479,158
[10,000]
[2,000]
625,087

17,792
141,281
[5,000]
[9,000]
[5,000]

50,623

55,623

48,001
67,765

[5,000]
48,001
74,765
[5,000]
[2,000]

84,994

84,994

63,392

73,392

6,343

[5,000]
[5,000]
6,343

56,397

76,397
[10,000]

167,590

[10,000]
167,590

30,715

30,715

160,537

167,837

76,745

[7,300]
76,745

953,175

1,021,475

24,410

24,410

8,008

8,008

219,045

219,045

13,301

13,301

246,054

242,365

60,122
4,851

[–3,689]
60,122
4,851

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4456

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line
024

0603758N

025

0603782N

026

0603801N

027

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0603178N

028
029
030
031
032
033
034

0603207N
0603216N
0603239N
0603251N
0603254N
0603261N
0603382N

035

0603502N

036
037
038

0603506N
0603512N
0603525N

039
040
041
042
043

0603527N
0603536N
0603542N
0603553N
0603561N

044
045

0603562N
0603563N

046

VerDate Sep 11 2014

Program
Element

0603564N

047
048

0603570N
0603573N

049
050
051
052
053
054
055
056

0603576N
0603581N
0603582N
0603595N
0603596N
0603597N
0603599N
0603609N

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PO 00283

FY 2021
Request

Item
NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.
MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.
INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.
Accelerated railgun technology maturation .........
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
MEDIUM AND LARGE UNMANNED SURFACE
VEHICLES (USVS).
LUSV additional prototypes ..................................
Unmanned surface vehicle enabling capabilities—payload program reduction.
AIR/OCEAN TACTICAL APPLICATIONS .................
AVIATION SURVIVABILITY ......................................
ISO NAVAL CONSTRUCTION FORCES ...................
AIRCRAFT SYSTEMS ..................................................
ASW SYSTEMS DEVELOPMENT ..............................
TACTICAL AIRBORNE RECONNAISSANCE ...........
ADVANCED COMBAT SYSTEMS TECHNOLOGY ..
Project 3416: HIJENKS insufficient schedule
justification.
SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.
Project 2989: Barracuda program delay ..............
SURFACE SHIP TORPEDO DEFENSE .....................
CARRIER SYSTEMS DEVELOPMENT .....................
PILOT FISH ..................................................................
Excess cost growth .................................................
Program adjustment ..............................................
RETRACT LARCH ........................................................
RETRACT JUNIPER ....................................................
RADIOLOGICAL CONTROL .......................................
SURFACE ASW ............................................................
ADVANCED SUBMARINE SYSTEM DEVELOPMENT.
Project 9710 unjustified new start .......................
SUBMARINE TACTICAL WARFARE SYSTEMS .....
SHIP CONCEPT ADVANCED DESIGN ....................
Polymorphic build farm for open source technologies.
Project 4044: Medium amphibious ship early to
need.
Project 4045: Medium logistics ship early to
need.
SHIP PRELIMINARY DESIGN & FEASIBILITY
STUDIES.
Project 0411: Preliminary design early to need ..
Project 0411: Requirements and concept analysis excess growth.
ADVANCED NUCLEAR POWER SYSTEMS ............
ADVANCED SURFACE MACHINERY SYSTEMS ...
Accelerate qualification of silicon carbide power
modules.
Power and energy systems contract award delay
CHALK EAGLE ............................................................
LITTORAL COMBAT SHIP (LCS) ..............................
COMBAT SYSTEM INTEGRATION ...........................
OHIO REPLACEMENT ................................................
LCS MISSION MODULES ..........................................
AUTOMATED TEST AND ANALYSIS .......................
FRIGATE DEVELOPMENT ........................................
CONVENTIONAL MUNITIONS .................................

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Conference
Authorized

40,709

40,709

1,948

1,948

141,948

161,948

760,396

[20,000]
776,707

464,042

259,242
[–159,300]
[–45,500]

35,386
13,428
2,350
418
15,719
3,411
70,218

35,386
13,428
2,350
418
15,719
3,411
63,218
[–7,000]

52,358

47,808

12,816
7,559
358,757

12,562
148,000
778
1,161
185,356

10,528
126,396

[–4,550]
12,816
7,559
278,557
[–25,000]
[–55,200]
12,562
148,000
778
1,161
157,926
[–27,430]
10,528
111,396
[5,000]
[–10,000]
[–10,000]

70,270

36,970
[–17,100]
[–16,200]

149,188
38,449

71,181
32,178
17,843
317,196
67,875
4,797
82,309
9,922

PUBL283

149,188
45,449
[7,500]
[–500]
71,181
32,178
17,843
317,196
67,875
4,797
82,309
9,922

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4457

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

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Line
057

0603635M

058

0603654N

059

0603713N

060
061
062
063

0603721N
0603724N
0603725N
0603734N

064
065

0603739N
0603746N

066

0603748N

067
068

0603751N
0603764M

070
071
072
073

0603790N
0603795N
0603851M
0603860N

074

0603925N

075
076

0604014N
0604027N

077

0604028N

078

0604029N

079

0604030N

080

0604031N

081

0604112N

082
083
084

0604126N
0604127N
0604272N

086
087
088
089

0604292N
0604320M
0604454N
0604536N

090

0604636N

091

0604659N

092

VerDate Sep 11 2014

Program
Element

0604707N

06:40 Jan 20, 2022

FY 2021
Request

Item
MARINE CORPS GROUND COMBAT/SUPPORT
SYSTEM.
Program delay ........................................................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.
OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.
ENVIRONMENTAL PROTECTION ...........................
NAVY ENERGY PROGRAM ........................................
FACILITIES IMPROVEMENT ....................................
CHALK CORAL ............................................................
Excess cost growth .................................................
NAVY LOGISTIC PRODUCTIVITY ............................
RETRACT MAPLE ........................................................
Program adjustment ..............................................
LINK PLUMERIA .........................................................
Program adjustment ..............................................
RETRACT ELM .............................................................
LINK EVERGREEN .....................................................
Program adjustment ..............................................
NATO RESEARCH AND DEVELOPMENT ...............
LAND ATTACK TECHNOLOGY .................................
JOINT NON-LETHAL WEAPONS TESTING ...........
JOINT PRECISION APPROACH AND LANDING
SYSTEMS—DEM/VAL.
DIRECTED ENERGY AND ELECTRIC WEAPON
SYSTEMS.
F/A –18 INFRARED SEARCH AND TRACK (IRST)
DIGITAL WARFARE OFFICE ....................................
Project 3255 excess growth ...................................
Project 3425 excess growth ...................................
SMALL AND MEDIUM UNMANNED UNDERSEA
VEHICLES.
Small unmanned underwater vehicles concurrency.
UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES.
RAPID
PROTOTYPING,
EXPERIMENTATION
AND DEMONSTRATION..
LARGE UNMANNED UNDERSEA VEHICLES .......
Early to need, phase 1 results needed first .........
GERALD R. FORD CLASS NUCLEAR AIRCRAFT
CARRIER (CVN 78—80).
LITTORAL AIRBORNE MCM .....................................
SURFACE MINE COUNTERMEASURES .................
TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).
DAIRCM hardware development contract award
delay.
FUTURE VERTICAL LIFT (MARITIME STRIKE) ...
RAPID TECHNOLOGY CAPABILITY PROTOTYPE
LX (R) .............................................................................
ADVANCED UNDERSEA PROTOTYPING ...............
Excess scope adjustments .....................................
COUNTER UNMANNED AIRCRAFT SYSTEMS (CUAS).
System development excess growth .....................
PRECISION STRIKE WEAPONS DEVELOPMENT
PROGRAM.
CPGS initial integration efforts—transfer to line
165.
Lack of hypersonic prototyping coordination .......
Project 3334: Excess Virginia-class CPS modification and installation costs.
SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.

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Fmt 6580

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Conference
Authorized

189,603

182,603

43,084

[–7,000]
43,084

6,346

6,346

20,601
23,422
4,664
545,763

6,880
10,578
28,435
33,612

20,601
23,422
4,664
473,763
[–72,000]
3,884
348,690
[–4,536]
497,388
[–47,000]
86,730
231,770
[–4,464]
6,880
10,578
28,435
33,612

128,845

128,845

84,190
54,699

84,190
37,998
[–9,979]
[–6,722]
52,020

3,884
353,226
544,388
86,730
236,234

53,942

[–1,922]
40,060

40,060

12,100

12,100

78,122
107,895

45,557
[–32,565]
107,895

17,366
18,754
59,776

17,366
18,754
52,026
[–7,750]

5,097
3,664
10,203
115,858
14,259

5,097
3,664
10,203
92,602
[–23,256]
9,628

1,102,387

[–4,631]
1,030,387
[–15,000]
[–5,000]
[–52,000]

7,657

7,657

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4458

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line
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0604786N

094
095

0303354N
0304240M

097

0304270N

098
099
100
101
102

0603208N
0604212N
0604214M
0604215N
0604216N

104
105
106
107

0604221N
0604230N
0604231N
0604234N

108
109
110
111
112
113
114
115
116

0604245M
0604261N
0604262N
0604264N
0604269N
0604270N
0604273M
0604274N
0604280N

117

0604282N

118

0604307N

119
120
121

VerDate Sep 11 2014

Program
Element

0604311N
0604329N
0604366N

122
123

0604373N
0604378N

124

0604419N

125

0604501N

126
127
128
129
130

0604503N
0604504N
0604512N
0604518N
0604522N

131
132
133
134

0604530N
0604558N
0604562N
0604567N

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FY 2021
Request

Item
OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.
LRASM funds—Navy requested transfer from
line 141.
ASW SYSTEMS DEVELOPMENT—MIP ...................
ADVANCED TACTICAL UNMANNED AIRCRAFT
SYSTEM.
K-MAX ....................................................................
ELECTRONIC WARFARE DEVELOPMENT—MIP
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
TRAINING SYSTEM AIRCRAFT ................................
OTHER HELO DEVELOPMENT ................................
AV–8B AIRCRAFT—ENG DEV ...................................
STANDARDS DEVELOPMENT ..................................
MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.
P–3 MODERNIZATION PROGRAM ...........................
WARFARE SUPPORT SYSTEM .................................
TACTICAL COMMAND SYSTEM ..............................
ADVANCED HAWKEYE ..............................................
Sensors excess growth ...........................................
H–1 UPGRADES ...........................................................
ACOUSTIC SEARCH SENSORS ................................
V–22A .............................................................................
AIR CREW SYSTEMS DEVELOPMENT ...................
EA–18 .............................................................................
ELECTRONIC WARFARE DEVELOPMENT ............
EXECUTIVE HELO DEVELOPMENT .......................
NEXT GENERATION JAMMER (NGJ) .....................
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).
NEXT GENERATION JAMMER (NGJ) INCREMENT II.
SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.
Aegis development support excess growth ...........
Capability upgrades unjustified growth ...............
LPD–17 CLASS SYSTEMS INTEGRATION ..............
SMALL DIAMETER BOMB (SDB) .............................
STANDARD MISSILE IMPROVEMENTS .................
SM–6 Block IB mission integration, development and operational test.
SM–6 excessive cost growth; program accountability.
AIRBORNE MCM .........................................................
NAVAL
INTEGRATED
FIRE
CONTROL—
COUNTER AIR SYSTEMS ENGINEERING.
ADVANCED SENSORS APPLICATION PROGRAM
(ASAP).
ADVANCED ABOVE WATER SENSORS ..................
Shipboard passive EO/IR development concurrency.
SSN–688 AND TRIDENT MODERNIZATION ..........
AIR CONTROL ..............................................................
SHIPBOARD AVIATION SYSTEMS ..........................
COMBAT INFORMATION CENTER CONVERSION
AIR AND MISSILE DEFENSE RADAR (AMDR)
SYSTEM.
ADVANCED ARRESTING GEAR (AAG) ....................
NEW DESIGN SSN ......................................................
SUBMARINE TACTICAL WARFARE SYSTEM ........
SHIP CONTRACT DESIGN/ LIVE FIRE T&E ..........
Advanced Degaussing System ..............................

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35,750

Conference
Authorized
46,750
[11,000]

9,151
22,589

809
6,503,074

9,151
29,589
[7,000]
809
5,861,969

4,332
18,133
20,054
4,237
27,340

4,332
18,133
20,054
4,237
27,340

606
9,065
97,968
309,373
62,310
47,182
132,624
21,445
106,134
134,194
99,321
477,680
232,818

606
9,065
97,968
292,175
[–17,198]
62,310
47,182
132,624
21,445
106,134
134,194
99,321
477,680
232,818

170,039

170,039

403,712

375,853

945
62,488
386,225

[–7,159]
[–20,700]
945
62,488
340,825
[–18,400]
[–27,000]

10,909
44,548

10,909
44,548

13,673

13,673

87,809

71,449
[–16,360]

93,097
38,863
9,593
12,718
78,319

93,097
38,863
9,593
12,718
78,319

65,834
259,443
63,878
51,853

65,834
259,443
63,878
58,853
[7,000]

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4459

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

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Line

VerDate Sep 11 2014

Program
Element

135
136

0604574N
0604601N

137

0604610N

138

0604654N

139

0604657M

140

0604703N

141

0604727N

142
143
144
145
146

0604755N
0604756N
0604757N
0604761N
0604771N

147
148
149
150
151
152

0604777N
0604800M
0604800N
0604850N
0605013M
0605013N

153
154
155
156
157
158
159
160
161
162

0605024N
0605212M
0605215N
0605217N
0605220N
0605327N
0605414N
0605450M
0605500N
0605504N

163

0605611M

164

0605813M

165

0204202N

169
170

0304785N
0306250M

171
172
173
175
176
179
180

0604256N
0604258N
0604759N
0605152N
0605154N
0605804N
0605853N

181
183

0605856N
0605863N

06:40 Jan 20, 2022

FY 2021
Request

Item
NAVY TACTICAL COMPUTER RESOURCES ..........
MINE DEVELOPMENT ...............................................
Encapsulate effector program delays ...................
Historical underexecution .....................................
LIGHTWEIGHT TORPEDO DEVELOPMENT ..........
Advanced anti-submarine lightweight torpedo
program delays.
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.
USMC GROUND COMBAT/SUPPORTING ARMS
SYSTEMS—ENG DEV.
PERSONNEL, TRAINING, SIMULATION, AND
HUMAN FACTORS.
JOINT STANDOFF WEAPON SYSTEMS ..................
LRASM funds—Navy requested transfer to line
93.
SHIP SELF DEFENSE (DETECT & CONTROL) ......
SHIP SELF DEFENSE (ENGAGE: HARD KILL) .....
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW)
INTELLIGENCE ENGINEERING ..............................
MEDICAL DEVELOPMENT .......................................
Autonomous aerial distributed logistics ...............
ETEC disease research ..........................................
NAVIGATION/ID SYSTEM .........................................
JOINT STRIKE FIGHTER (JSF)—EMD ....................
JOINT STRIKE FIGHTER (JSF)—EMD ....................
SSN(X) ............................................................................
INFORMATION TECHNOLOGY DEVELOPMENT
INFORMATION TECHNOLOGY DEVELOPMENT
Historical underexecution .....................................
NMMES-TR contract delays .................................
NMMES-TR excess support growth .....................
ANTI-TAMPER TECHNOLOGY SUPPORT ..............
CH–53K RDTE ..............................................................
MISSION PLANNING ..................................................
COMMON AVIONICS ..................................................
SHIP TO SHORE CONNECTOR (SSC) ......................
T-AO 205 CLASS ..........................................................
UNMANNED CARRIER AVIATION (UCA) ...............
JOINT AIR-TO-GROUND MISSILE (JAGM) .............
MULTI-MISSION MARITIME AIRCRAFT (MMA) ...
MULTI-MISSION MARITIME (MMA) INCREMENT
III.
MARINE CORPS ASSAULT VEHICLES SYSTEM
DEVELOPMENT & DEMONSTRATION.
JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.
DDG–1000 ......................................................................
CPGS initial integration efforts transfer from
line 91.
TACTICAL CRYPTOLOGIC SYSTEMS .....................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.
SUBTOTAL SYSTEM DEVELOPMENT &
DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ..................
TARGET SYSTEMS DEVELOPMENT .......................
MAJOR T&E INVESTMENT .......................................
STUDIES AND ANALYSIS SUPPORT—NAVY ........
CENTER FOR NAVAL ANALYSES ...........................
TECHNICAL INFORMATION SERVICES ................
MANAGEMENT,
TECHNICAL
&
INTERNATIONAL SUPPORT.
STRATEGIC TECHNICAL SUPPORT .......................
RDT&E SHIP AND AIRCRAFT SUPPORT ...............

Jkt 019139

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Frm 01073

Fmt 6580

Sfmt 6581

3,853
92,607

146,012

Conference
Authorized
3,853
83,505
[–7,402]
[–1,700]
124,250
[–21,762]

8,383

8,383

33,784

33,784

8,599

8,599

73,744

62,744
[–11,000]

157,490
121,761
89,373
15,716
2,120

7,810
406,406
86,134
54,540
5,155
5,148
266,970
12,713
24,424
182,870

157,490
121,761
89,373
15,716
19,620
[7,500]
[10,000]
50,180
561
250
1,000
974
330,431
[–12,972]
[–6,308]
[–6,462]
7,810
406,406
86,134
54,540
5,155
5,148
266,970
12,713
24,424
182,870

41,775

41,775

2,541

2,541

50,180
561
250
1,000
974
356,173

208,448

223,448
[15,000]

111,434
26,173

111,434
26,173

6,263,883

6,128,960

22,075
10,224
85,195
3,089
43,517
932
94,297

22,075
10,224
85,195
3,089
43,517
932
94,297

3,813
104,822

3,813
104,822

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4460

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

06:40 Jan 20, 2022

Program
Element

184

0605864N

185

0605865N

186

0605866N

187

0605867N

188
189
190
193
194

0605873M
0605898N
0606355N
0305327N
0902498N

199
200
201
202

0604227N
0604840M
0604840N
0607658N

204

0101221N

205
206

0101224N
0101226N

207
208

0101402N
0204136N

210
211

0204228N
0204229N

212

0204311N

213
214

0204313N
0204413N

215
216

0204460M
0204571N

218

0204575N

219
221

0205601N
0205620N

222

0205632N

223
224
225
226

0205633N
0205675N
0206313M
0206335M

227

0206623M

228
229

0206624M
0206625M

230
231
232

0206629M
0207161N
0207163N

236

0303109N

Jkt 019139

PO 00283

FY 2021
Request

Item
TEST AND EVALUATION SUPPORT .......................
Navy requested transfer to OM,N line BSM1 .....
OPERATIONAL TEST AND EVALUATION CAPABILITY.
NAVY SPACE AND ELECTRONIC WARFARE
(SEW) SUPPORT.
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT.
MARINE CORPS PROGRAM WIDE SUPPORT .......
MANAGEMENT HQ—R&D .........................................
WARFARE INNOVATION MANAGEMENT .............
INSIDER THREAT .......................................................
MANAGEMENT
HEADQUARTERS
(DEPARTMENTAL SUPPORT ACTIVITIES).
SUBTOTAL MANAGEMENT SUPPORT ...........
OPERATIONAL SYSTEMS DEVELOPMENT
HARPOON MODIFICATIONS ....................................
F–35 C2D2 .....................................................................
F–35 C2D2 .....................................................................
COOPERATIVE
ENGAGEMENT
CAPABILITY
(CEC).
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT.
SSBN SECURITY TECHNOLOGY PROGRAM .........
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT.
Compact rapid attack weapon concurrency .........
Next-generation countermeasure acoustic device
NAVY STRATEGIC COMMUNICATIONS .................
F/A–18 SQUADRONS ...................................................
Jet noise reduction .................................................
SURFACE SUPPORT ...................................................
TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).
INTEGRATED SURVEILLANCE SYSTEM ...............
Accelerate sensor and signal processing development.
SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS
AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).
GROUND/AIR TASK ORIENTED RADAR (G/ATOR)
CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.
ELECTRONIC WARFARE (EW) READINESS SUPPORT.
Project 2263: Unjustified growth ..........................
HARM IMPROVEMENT ..............................................
SURFACE ASW COMBAT SYSTEM INTEGRATION.
MK–48 ADCAP ..............................................................
APB 7 development early to need ........................
AVIATION IMPROVEMENTS ....................................
OPERATIONAL NUCLEAR POWER SYSTEMS ......
MARINE CORPS COMMUNICATIONS SYSTEMS ..
COMMON AVIATION COMMAND AND CONTROL
SYSTEM (CAC2S).
MARINE
CORPS
GROUND
COMBAT/SUPPORTING ARMS SYSTEMS.
MARINE CORPS COMBAT SERVICES SUPPORT ..
USMC INTELLIGENCE/ELECTRONIC WARFARE
SYSTEMS (MIP).
AMPHIBIOUS ASSAULT VEHICLE ..........................
TACTICAL AIM MISSILES .........................................
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).
SATELLITE COMMUNICATIONS (SPACE) .............

Frm 01074

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E:\PUBLAW\PUBL283.116

446,960

Conference
Authorized

27,241

419,212
[–27,748]
27,241

15,787

15,787

8,559

8,559

42,749
41,094
37,022
2,310
1,536

42,749
41,094
37,022
2,310
1,536

991,222

963,474

697
379,549
413,875
143,667

697
379,549
413,875
143,667

173,056

173,056

45,970
69,190

45,970
61,813

42,277
171,030
33,482
200,308

[–12,377]
[5,000]
42,277
175,030
[4,000]
33,482
200,308

102,975

115,475
[12,500]

10,873
1,713

10,873
1,713

22,205
83,956

22,205
83,956

56,791

50,905

146,166
29,348

[–5,886]
146,166
29,348

110,349
133,953
110,313
207,662
4,406

108,209
[–2,140]
133,953
110,313
207,662
4,406

61,381

61,381

10,421
29,977

10,421
29,977

6,469
5,859
44,323

6,469
5,859
44,323

41,978

46,978

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4461

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

237

0303138N

238
239

0303140N
0305192N

240
241
242

0305204N
0305205N
0305208M

244
245
246
247
248
249

0305220N
0305231N
0305232M
0305234N
0305239M
0305241N

250

0305242M

251

0305251N

252
253
254
255
256
257

0305421N
0307577N
0308601N
0702207N
0708730N
1203109N

257A

9999999999

258

0608013N

259

0608231N

FY 2021
Request

Item
Interference mitigation technology, test and
verification.
CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES).
INFORMATION SYSTEMS SECURITY PROGRAM
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.
TACTICAL UNMANNED AERIAL VEHICLES ........
UAS INTEGRATION AND INTEROPERABILITY ...
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
MQ–4C TRITON ...........................................................
MQ–8 UAV ....................................................................
RQ–11 UAV ...................................................................
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ......
RQ–21A ..........................................................................
MULTI-INTELLIGENCE
SENSOR
DEVELOPMENT.
UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP).
CYBERSPACE OPERATIONS FORCES AND
FORCE SUPPORT.
RQ–4 MODERNIZATION ............................................
INTELLIGENCE MISSION DATA (IMD) ..................
MODELING AND SIMULATION SUPPORT ............
DEPOT MAINTENANCE (NON-IF) ...........................
MARITIME TECHNOLOGY (MARITECH) ................
SATELLITE COMMUNICATIONS (SPACE) .............
MUOS historical underexecution ..........................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
UNDISTRIBUTED
RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM.
MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM.
SUBTOTAL SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS.

dkrause on LAP5T8D0R2PROD with PUBLAWS

TOTAL RESEARCH, DEVELOPMENT,
TEST & EVAL, NAVY.

VerDate Sep 11 2014

001

0601102F

002

0601103F

003

0601108F

004

0602020F

005

0602102F

06:40 Jan 20, 2022

RESEARCH, DEVELOPMENT, TEST & EVAL,
AF
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES ...........................
Increase in basic research .....................................
UNIVERSITY RESEARCH INITIATIVES .................
Program increase ...................................................
Solar block research ...............................................
HIGH ENERGY LASER RESEARCH INITIATIVES
SUBTOTAL BASIC RESEARCH .........................
APPLIED RESEARCH
FUTURE AF CAPABILITIES APPLIED RESEARCH.
MATERIALS ..................................................................
Advanced materials manufacturing flexible biosensors.
High-energy synchotron x-ray program ...............
Materials maturation for high mach systems .....
Qualification of additive manufacturing processes.

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PO 00283

Frm 01075

Fmt 6580

Sfmt 6581

Conference
Authorized
[5,000]

29,684

29,684

39,094
6,154

39,094
6,154

7,108
62,098
21,500

7,108
62,098
21,500

11,120
28,968
537
8,773
10,853
60,413

11,120
28,968
537
8,773
10,853
60,413

5,000

5,000

34,967

34,967

178,799
2,120
8,683
45,168
6,697
70,056
1,795,032
5,327,043

178,799
2,120
8,683
45,168
6,697
67,665
[–2,391]
1,795,032
5,330,749

14,300

14,300

10,868

10,868

25,168

25,168

21,427,048

20,733,589

315,348

15,085
492,294

325,348
[10,000]
171,861
[5,000]
[5,000]
15,085
512,294

100,000

100,000

140,781

162,781
[5,000]

161,861

[5,000]
[5,000]
[2,000]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4462

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

06:40 Jan 20, 2022

Program
Element

006

0602201F

007
008

0602202F
0602203F

009

0602204F

011

0602298F

012
013
014

0602602F
0602605F
0602788F

015

0602890F

017

0603030F

018

0603032F

019

0603033F

020

0603034F

021

0603035F

022

0603112F

023

0603199F

024

0603203F

025

0603211F

Jkt 019139

PO 00283

FY 2021
Request

Item
Thermal protection systems ..................................
AEROSPACE VEHICLE TECHNOLOGIES ...............
Advanced batteries for directed energy ................
High speed expendable turbine development ......
Hypersonic materials .............................................
Secure unmanned aerial vehicles .........................
Transfer to line 8 ...................................................
HUMAN EFFECTIVENESS APPLIED RESEARCH
AEROSPACE PROPULSION .......................................
Transfer from line 6 ...............................................
AEROSPACE SENSORS ..............................................
National Center for Hardware and Embedded
Systems Security and Trust.
SCIENCE AND TECHNOLOGY MANAGEMENT—
MAJOR HEADQUARTERS ACTIVITIES.
CONVENTIONAL MUNITIONS .................................
DIRECTED ENERGY TECHNOLOGY .......................
DOMINANT INFORMATION SCIENCES AND
METHODS.
Quantum Innovation Center .................................
Quantum network testbed ....................................
Trusted UAS traffic management and C-UAS
testbed.
HIGH ENERGY LASER RESEARCH .........................
SUBTOTAL APPLIED RESEARCH ....................
ADVANCED TECHNOLOGY DEVELOPMENT
AF FOUNDATIONAL DEVELOPMENT/DEMOS .....
Transfer to line 22 .................................................
Transfer to line 23 .................................................
Transfer to line 30 .................................................
Transfer to line 33 .................................................
FUTURE
AF
INTEGRATED
TECHNOLOGY
DEMOS.
Inappropriate use of S&T funds for Golden
Horde demonstration & validation.
Transfer to line 25 .................................................
Transfer to line 27 .................................................
Transfer to line 31 .................................................
NEXT GEN PLATFORM DEV/DEMO ........................
Transfer to line 25 .................................................
Transfer to line 26 .................................................
Transfer to line 28 .................................................
PERSISTENT KNOWLEDGE, AWARENESS, & C2
TECH.
Transfer to line 24 .................................................
Transfer to line 27 .................................................
Transfer to line 29 .................................................
Transfer to line 30 .................................................
Transfer to line 34 .................................................
NEXT GEN EFFECTS DEV/DEMOS .........................
Transfer to line 27 .................................................
Transfer to line 31 .................................................
Transfer to line 32 .................................................
Transfer to line 34 .................................................
ADVANCED MATERIALS FOR WEAPON SYSTEMS.
Metals affordability research ................................
Transfer from line 17 .............................................
SUSTAINMENT SCIENCE AND TECHNOLOGY
(S&T).
Transfer from line 17 .............................................
ADVANCED AEROSPACE SENSORS .......................
Transfer from line 20 .............................................
AEROSPACE TECHNOLOGY DEV/DEMO ...............
Transfer from line 18 .............................................
Transfer from line 19 .............................................

Frm 01076

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E:\PUBLAW\PUBL283.116

349,225

115,222

211,301

Conference
Authorized
[5,000]
175,472
[5,000]
[4,000]
[4,000]
[10,000]
[–196,753]
115,222
196,753
[196,753]
214,301
[3,000]

8,926

8,926

132,425
128,113
178,668

132,425
128,113
203,668
[5,000]
[10,000]
[10,000]

45,088
1,409,749

103,280

157,619

45,088
1,482,749

0
[–35,169]
[–16,933]
[–10,777]
[–40,401]
–30,000
[–50,000]

199,556

102,276

215,817

[–40,900]
[–24,632]
[–72,087]
0
[–37,230]
[–105,058]
[–57,268]
0
[–35,338]
[–4,699]
[–12,090]
[–20,948]
[–29,201]
0
[–31,207]
[–134,145]
[–31,445]
[–19,020]
45,169
[10,000]
[35,169]
16,933
[16,933]
35,338
[35,338]
78,130
[40,900]
[37,230]

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4463

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

dkrause on LAP5T8D0R2PROD with PUBLAWS

026

VerDate Sep 11 2014

Program
Element
0603216F

027

0603270F

028

0603401F

029

0603444F

030

0603456F

031

0603601F

032

0603605F

033

0603680F

034

0603788F

038
039
040
041

0603260F
0603742F
0603790F
0603851F

043
044

0604002F
0604003F

045

0604004F

046
047
048
050
051

0604015F
0604032F
0604033F
0604257F
0604288F

052
053

0604317F
0604327F

054
055

0604414F
0604776F

056

0604858F

057

0605230F

059

0207110F

06:40 Jan 20, 2022

FY 2021
Request

Item
AEROSPACE PROPULSION AND POWER TECHNOLOGY.
Propulsion technologies .........................................
Transfer from line 19 .............................................
ELECTRONIC COMBAT TECHNOLOGY .................
Transfer from line 18 .............................................
Transfer from line 20 .............................................
Transfer from line 21 .............................................
ADVANCED SPACECRAFT TECHNOLOGY ............
Transfer from line 19 .............................................
MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ..
Transfer from line 20 .............................................
HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.
Transfer from line 17 .............................................
Transfer from line 20 .............................................
CONVENTIONAL WEAPONS TECHNOLOGY ........
Transfer from line 18 .............................................
Transfer from line 21 .............................................
ADVANCED WEAPONS TECHNOLOGY ..................
Transfer from line 21 .............................................
MANUFACTURING TECHNOLOGY PROGRAM .....
Technologies to repair fastener holes ...................
Transfer from line 17 .............................................
BATTLESPACE KNOWLEDGE DEVELOPMENT
AND DEMONSTRATION.
Transfer from line 20 .............................................
Transfer from line 21 .............................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
INTELLIGENCE ADVANCED DEVELOPMENT .....
COMBAT IDENTIFICATION TECHNOLOGY ..........
NATO RESEARCH AND DEVELOPMENT ...............
INTERCONTINENTAL BALLISTIC MISSILE—
DEM/VAL.
AIR FORCE WEATHER SERVICES RESEARCH ....
ADVANCED BATTLE MANAGEMENT SYSTEM
(ABMS).
Unjustified costs .....................................................
ADVANCED ENGINE DEVELOPMENT ...................
AETP program acceleration ..................................
LONG RANGE STRIKE—BOMBER ...........................
DIRECTED ENERGY PROTOTYPING ......................
HYPERSONICS PROTOTYPING ................................
ADVANCED TECHNOLOGY AND SENSORS ..........
NATIONAL AIRBORNE OPS CENTER (NAOC)
RECAP.
TECHNOLOGY TRANSFER .......................................
HARD AND DEEPLY BURIED TARGET DEFEAT
SYSTEM (HDBTDS) PROGRAM.
CYBER RESILIENCY OF WEAPON SYSTEMS-ACS
DEPLOYMENT & DISTRIBUTION ENTERPRISE
R&D.
TECH TRANSITION PROGRAM ................................
Agile software development and operations ........
Experimentation ....................................................
Initial polar SATCOM capability ..........................
LCAAT program acceleration ...............................
Prototyping—hold to FY2020 level .......................
Rapid repair of high performance materials .......
GROUND BASED STRATEGIC DETERRENT .........
Acquisition Strategy for planning and design .....
NEXT GENERATION AIR DOMINANCE .................
Forward financing of development efforts ...........

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Conference
Authorized
110,058
[5,000]
[105,058]
60,538
[24,632]
[4,699]
[31,207]
57,268
[57,268]
12,090
[12,090]
31,725
[10,777]
[20,948]
206,232
[72,087]
[134,145]
31,445
[31,445]
42,901
[2,500]
[40,401]
48,221

778,548

[29,201]
[19,020]
746,048

4,320
26,396
3,647
32,959

4,320
26,396
3,647
32,959

869
302,323

869
216,823

636,495
2,848,410
20,964
381,862
24,747
76,417

[–85,500]
666,495
[30,000]
2,848,410
20,964
381,862
24,747
76,417

3,011
52,921

3,011
52,921

69,783
25,835

69,783
25,835

219,252

1,524,759
1,044,089

278,452
[4,500]
[–20,000]
[46,000]
[50,000]
[–27,300]
[6,000]
1,509,759
[–15,000]
974,089
[–70,000]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4464

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

06:40 Jan 20, 2022

Program
Element

060

0207455F

061
062
063

0207522F
0208099F
0305236F

065
066

0305601F
0306250F

067
068

0306415F
0401310F

069

0901410F

074

1206427F

077

1206730F

082

0604200F

083
084
085
086
087
088
089

0604201F
0604222F
0604270F
0604281F
0604287F
0604329F
0604429F

090
091
092
093
094
095
096
097

0604602F
0604604F
0604617F
0604618F
0604706F
0604735F
0604800F
0604932F

098
100
102
103
105
106
107

0604933F
0605056F
0605223F
0605229F
0101125F
0207171F
0207328F

108
110
111

0207701F
0305176F
0401221F

113
114
115
116

0401319F
0701212F
0804772F
0901299F

131
132

0604256F
0604759F

Jkt 019139

PO 00283

FY 2021
Request

Item
THREE DIMENSIONAL LONG-RANGE RADAR
(3DELRR).
AIRBASE AIR DEFENSE SYSTEMS (ABADS) .........
UNIFIED PLATFORM (UP) ........................................
COMMON DATA LINK EXECUTIVE AGENT (CDL
EA).
MISSION PARTNER ENVIRONMENTS ...................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.
ENABLED CYBER ACTIVITIES ................................
C–32 EXECUTIVE TRANSPORT RECAPITALIZATION.
AoA funding carryover ...........................................
CONTRACTING INFORMATION TECHNOLOGY
SYSTEM.
SPACE SYSTEMS PROTOTYPE TRANSITIONS
(SSPT).
Transfer to RD,SF line 6 .......................................
SPACE SECURITY AND DEFENSE PROGRAM ......
Transfer to RD,SF line 11A ..................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
FUTURE ADVANCED WEAPON ANALYSIS &
PROGRAMS.
PNT RESILIENCY, MODS, AND IMPROVEMENTS
NUCLEAR WEAPONS SUPPORT ..............................
ELECTRONIC WARFARE DEVELOPMENT ............
TACTICAL DATA NETWORKS ENTERPRISE ........
PHYSICAL SECURITY EQUIPMENT .......................
SMALL DIAMETER BOMB (SDB)—EMD .................
AIRBORNE ELECTRONIC ATTACK .........................
STiTCHES integration for USAFE/PACAF interim capability.
ARMAMENT/ORDNANCE DEVELOPMENT ............
SUBMUNITIONS ..........................................................
AGILE COMBAT SUPPORT .......................................
JOINT DIRECT ATTACK MUNITION .......................
LIFE SUPPORT SYSTEMS .........................................
COMBAT TRAINING RANGES ..................................
F–35—EMD ...................................................................
LONG RANGE STANDOFF WEAPON ......................
Acquisition strategy ...............................................
ICBM FUZE MODERNIZATION ................................
OPEN ARCHITECTURE MANAGEMENT ................
ADVANCED PILOT TRAINING .................................
COMBAT RESCUE HELICOPTER .............................
NUCLEAR WEAPONS MODERNIZATION ...............
F–15 EPAWSS ...............................................................
STAND IN ATTACK WEAPON ...................................
Unjustified cost increase .......................................
FULL COMBAT MISSION TRAINING ......................
COMBAT SURVIVOR EVADER LOCATOR ..............
KC–46A TANKER SQUADRONS ................................
Slow execution ........................................................
VC–25B ..........................................................................
AUTOMATED TEST SYSTEMS ..................................
TRAINING DEVELOPMENTS ....................................
AF A1 SYSTEMS ..........................................................
SUBTOTAL SYSTEM DEVELOPMENT &
DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ..................
MAJOR T&E INVESTMENT .......................................

Frm 01078

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL283.116

Conference
Authorized

19,356

19,356

8,737
5,990
39,293

8,737
5,990
39,293

11,430
259,823

11,430
259,823

10,560
9,908

10,560
7,808

8,662

[–2,100]
8,662

8,787

56,311
7,737,916

0
[–8,787]
0
[–56,311]
7,589,418

25,161

25,161

38,564
35,033
2,098
131,909
6,752
17,280

38,564
35,033
2,098
131,909
6,752
17,280
30,000
[30,000]

23,076
3,091
20,609
7,926
23,660
8,898
5,423
474,430

23,076
3,091
20,609
7,926
23,660
8,898
5,423
444,430
[–30,000]
167,099
30,547
248,669
63,169
9,683
170,679
150,646
[–9,792]
9,422
973
86,262
[–20,000]
800,889
10,673
4,479
8,467
2,585,567

167,099
30,547
248,669
63,169
9,683
170,679
160,438
9,422
973
106,262
800,889
10,673
4,479
8,467
2,615,359

57,725
208,680

PUBL283

57,725
223,680

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4465

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

Program
Element

133
135
136
137

0605101F
0605712F
0605807F
0605826F

138

0605827F

139

0605828F

140

0605829F

141

0605830F

142

0605831F

143

0605832F

144
145
146

0605833F
0605898F
0605976F

147

0605978F

148
149
150

0606017F
0606398F
0303255F

151
152
153
155

0308602F
0702806F
0804731F
1001004F

163

0604233F

164

0604776F

165
166

0604840F
0605018F

167

0605024F

168

0605117F

169
170
172

0605278F
0606018F
0101113F

173
174
175
176
177

0101122F
0101126F
0101127F
0101213F
0101316F

06:40 Jan 20, 2022

FY 2021
Request

Item
Gulf Range telemetric modernization ..................
RAND PROJECT AIR FORCE ....................................
INITIAL OPERATIONAL TEST & EVALUATION ...
TEST AND EVALUATION SUPPORT .......................
ACQ WORKFORCE- GLOBAL POWER .....................
Transfer from line 142 ...........................................
ACQ WORKFORCE- GLOBAL VIG & COMBAT
SYS.
Transfer from line 142 ...........................................
ACQ WORKFORCE- GLOBAL REACH .....................
Transfer from line 142 ...........................................
ACQ WORKFORCE- CYBER, NETWORK, & BUS
SYS.
Transfer from line 142 ...........................................
ACQ WORKFORCE- GLOBAL BATTLE MGMT .......
Transfer from line 142 ...........................................
ACQ WORKFORCE- CAPABILITY INTEGRATION
Transfer to line 137 ...............................................
Transfer to line 138 ...............................................
Transfer to line 139 ...............................................
Transfer to line 140 ...............................................
Transfer to line 141 ...............................................
Transfer to line 143 ...............................................
ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY.
Transfer from line 142 ...........................................
ACQ WORKFORCE- NUCLEAR SYSTEMS ..............
MANAGEMENT HQ—R&D .........................................
FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT.
FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.
REQUIREMENTS ANALYSIS AND MATURATION
MANAGEMENT HQ—T&E .........................................
COMMAND, CONTROL, COMMUNICATION, AND
COMPUTERS (C4)—STRATCOM.
ENTEPRISE INFORMATION SERVICES (EIS) .......
ACQUISITION AND MANAGEMENT SUPPORT ....
GENERAL SKILL TRAINING ....................................
INTERNATIONAL ACTIVITIES .................................
SUBTOTAL MANAGEMENT SUPPORT ...........
OPERATIONAL SYSTEMS DEVELOPMENT
UNDISTRIBUTED
SPECIALIZED
UNDERGRADUATE
FLIGHT
TRAINING.
DEPLOYMENT & DISTRIBUTION ENTERPRISE
R&D.
F–35 C2D2 .....................................................................
AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS).
ANTI-TAMPER
TECHNOLOGY
EXECUTIVE
AGENCY.
FOREIGN MATERIEL ACQUISITION AND EXPLOITATION.
HC/MC–130 RECAP RDT&E .......................................
NC3 INTEGRATION ....................................................
B–52 SQUADRONS ......................................................
CERP virtual prototype contract delay ................
No acquisition strategy for AEHF ........................
Radar modernization program contract delays ...
AIR-LAUNCHED CRUISE MISSILE (ALCM) ...........
B–1B SQUADRONS ......................................................
B–2 SQUADRONS ........................................................
MINUTEMAN SQUADRONS ......................................
WORLDWIDE JOINT STRATEGIC COMMUNICATIONS.

Jkt 019139

PO 00283

Frm 01079

Fmt 6580

Sfmt 6581

35,803
13,557
764,606

Conference
Authorized
[15,000]
35,803
13,557
764,606
273,231
[273,231]
262,119
[262,119]
158,429
[158,429]
247,468

40,768

[247,468]
183,107
[183,107]
219,868
[–273,231]
[–262,119]
[–158,429]
[–247,468]
[–183,107]
[–17,816]
58,584

179,646
5,734
70,985

[17,816]
179,646
5,734
70,985

29,880

29,880

63,381
5,785
24,564

63,381
5,785
24,564

9,883
13,384
1,262
3,599
2,891,280

9,883
13,384
1,262
3,599
2,906,280

8,777

8,777

499

499

785,336
27,035

785,336
27,035

50,508

50,508

71,229

71,229

24,705
26,356
520,023

24,705
26,356
481,623
[–25,500]
[–2,000]
[–10,900]
1,433
15,766
187,399
116,569
27,235

1,362,038

1,433
15,766
187,399
116,569
27,235

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4466

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line
178

0101324F

179
181
182

0101328F
0102110F
0102326F

183
184

0102412F
0205219F

186
187
188
189
190

0207131F
0207133F
0207134F
0207136F
0207138F

191

0207142F

192
193
194

0207146F
0207161F
0207163F

195
196
197
198
199

0207227F
0207247F
0207249F
0207253F
0207268F

200

0207325F

201
202
203

0207410F
0207412F
0207417F

204
206

0207418F
0207431F

207
208
210
211
212
213
214
215
216
217
218
219

0207438F
0207444F
0207452F
0207521F
0207573F
0207590F
0207601F
0207605F
0207610F
0207697F
0208006F
0208007F

220
221
222
223
224
230
231

0208064F
0208087F
0208088F
0208097F
0208099F
0301025F
0301112F

238

0301401F

239

0302015F

240

0303131F

242

VerDate Sep 11 2014

06:40 Jan 20, 2022

Program
Element

Jkt 019139

0303140F

PO 00283

FY 2021
Request

Item
INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK.
ICBM REENTRY VEHICLES ......................................
UH–1N REPLACEMENT PROGRAM ........................
REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.
NORTH WARNING SYSTEM (NWS) .........................
MQ–9 UAV ....................................................................
Tech insertion request unjustified ........................
A–10 SQUADRONS ......................................................
F–16 SQUADRONS ......................................................
F–15E SQUADRONS ....................................................
MANNED DESTRUCTIVE SUPPRESSION ..............
F–22A SQUADRONS ....................................................
Software delays ......................................................
F–35 SQUADRONS ......................................................
Unjustified USAF ALIS unique funding ..............
F–15EX ..........................................................................
TACTICAL AIM MISSILES .........................................
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).
COMBAT RESCUE—PARARESCUE .........................
AF TENCAP ..................................................................
PRECISION ATTACK SYSTEMS PROCUREMENT
COMPASS CALL ..........................................................
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.
JOINT AIR-TO-SURFACE STANDOFF MISSILE
(JASSM).
AIR & SPACE OPERATIONS CENTER (AOC) .........
CONTROL AND REPORTING CENTER (CRC) ........
AIRBORNE WARNING AND CONTROL SYSTEM
(AWACS).
AFSPECWAR—TACP ...................................................
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES.
THEATER BATTLE MANAGEMENT (TBM) C4I .....
TACTICAL AIR CONTROL PARTY-MOD .................
DCAPES .........................................................................
AIR FORCE CALIBRATION PROGRAMS .................
NATIONAL TECHNICAL NUCLEAR FORENSICS
SEEK EAGLE ...............................................................
USAF MODELING AND SIMULATION ....................
WARGAMING AND SIMULATION CENTERS .........
BATTLEFIELD ABN COMM NODE (BACN) ............
DISTRIBUTED TRAINING AND EXERCISES .........
MISSION PLANNING SYSTEMS ...............................
TACTICAL DECEPTION .............................................
Ahead of need .........................................................
OPERATIONAL HQ—CYBER .....................................
DISTRIBUTED CYBER WARFARE OPERATIONS
AF DEFENSIVE CYBERSPACE OPERATIONS .......
JOINT CYBER COMMAND AND CONTROL (JCC2)
UNIFIED PLATFORM (UP) ........................................
GEOBASE ......................................................................
NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES).
AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS.
E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC).
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).
Acquisition strategy for GASNT Inc 2 .................
CVR increment 2 schedule delays ........................
INFORMATION SYSTEMS SECURITY PROGRAM

Frm 01080

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL283.116

Conference
Authorized

24,227

24,227

112,753
44,464
5,929

112,753
44,464
5,929

100
162,080

159,761
19,417
51,799

100
152,112
[–9,968]
24,535
223,437
298,908
14,960
648,938
[–16,100]
129,629
[–2,600]
159,761
19,417
51,799

669
21,644
9,261
15,854
95,896

669
21,644
9,261
15,854
95,896

70,792

70,792

51,187
16,041
138,303

51,187
16,041
138,303

4,223
16,564

4,223
16,564

7,858
12,906
14,816
1,970
396
29,680
17,666
6,353
6,827
3,390
91,768
2,370
5,527
68,279
15,165
38,480
84,645
2,767
32,759

7,858
12,906
14,816
1,970
396
29,680
17,666
6,353
6,827
3,390
91,768
0
[–2,370]
5,527
68,279
15,165
38,480
84,645
2,767
32,759

2,904

2,904

3,468

3,468

61,887

44,722

10,351

[–14,215]
[–2,950]
10,351

24,535
223,437
298,908
14,960
665,038
132,229

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4467

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

Program
Element

243

0303142F

246
247
251

0304260F
0304310F
0305020F

252

0305022F

253
254
255

0305099F
0305103F
0305111F

256

0305114F

257
260
262

0305116F
0305128F
0305146F

264
265

0305179F
0305202F

267

0305206F

268
269

0305207F
0305208F

270
271

0305220F
0305221F

272
273
274

0305238F
0305240F
0305600F

275
276

0305881F
0305984F

277
278
279
280
281
282

0307577F
0401115F
0401119F
0401130F
0401132F
0401134F

283
286
288
290
291

0401218F
0401318F
0408011F
0708055F
0708610F

292
293
295
296
297
298
299

0708611F
0804743F
0901202F
0901218F
0901220F
0901226F
0901538F

300

0901554F

301

1201017F

06:40 Jan 20, 2022

FY 2021
Request

Item
GLOBAL FORCE MANAGEMENT—DATA INITIATIVE.
AIRBORNE SIGINT ENTERPRISE ............................
COMMERCIAL ECONOMIC ANALYSIS ...................
CCMD INTELLIGENCE INFORMATION TECHNOLOGY.
ISR MODERNIZATION & AUTOMATION DVMT
(IMAD).
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...
CYBER SECURITY INITIATIVE ................................
WEATHER SERVICE ...................................................
Commercial weather pilot .....................................
AIR TRAFFIC CONTROL, APPROACH, AND
LANDING SYSTEM (ATCALS).
AERIAL TARGETS .......................................................
SECURITY AND INVESTIGATIVE ACTIVITIES .....
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.
INTEGRATED BROADCAST SERVICE (IBS) ..........
DRAGON U–2 ...............................................................
Air Force requested transfer from line 267 .........
AIRBORNE RECONNAISSANCE SYSTEMS ............
Air Force requested transfer to line 265 ..............
Gorgon Stare Wide Area Motion Imagery program increase.
Sensor Open Systems Architecture ......................
MANNED RECONNAISSANCE SYSTEMS ...............
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
RQ–4 UAV .....................................................................
NETWORK-CENTRIC COLLABORATIVE TARGETING.
NATO AGS ....................................................................
SUPPORT TO DCGS ENTERPRISE ..........................
INTERNATIONAL
INTELLIGENCE
TECHNOLOGY AND ARCHITECTURES.
PDI: Mission Partner Environment BICES-X
Project 675898.
RAPID CYBER ACQUISITION ...................................
PERSONNEL RECOVERY COMMAND & CTRL
(PRC2).
INTELLIGENCE MISSION DATA (IMD) ..................
C–130 AIRLIFT SQUADRON ......................................
C–5 AIRLIFT SQUADRONS (IF) ................................
C–17 AIRCRAFT (IF) ...................................................
C–130J PROGRAM .......................................................
LARGE AIRCRAFT IR COUNTERMEASURES
(LAIRCM).
KC–135S ........................................................................
CV–22 .............................................................................
SPECIAL TACTICS / COMBAT CONTROL ...............
MAINTENANCE, REPAIR & OVERHAUL SYSTEM
LOGISTICS
INFORMATION
TECHNOLOGY
(LOGIT).
Prior year carryover ...............................................
SUPPORT SYSTEMS DEVELOPMENT ....................
OTHER FLIGHT TRAINING ......................................
JOINT PERSONNEL RECOVERY AGENCY ............
CIVILIAN COMPENSATION PROGRAM ..................
PERSONNEL ADMINISTRATION .............................
AIR FORCE STUDIES AND ANALYSIS AGENCY ..
FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.
DEFENSE ENTERPRISE ACNTNG AND MGT SYS
(DEAMS).
GLOBAL SENSOR INTEGRATED ON NETWORK
(GSIN).

Jkt 019139

PO 00283

Frm 01081

Fmt 6580

Sfmt 6581

Conference
Authorized

1,346

1,346

128,110
4,042
1,649

128,110
4,042
1,649

19,265

19,265

4,645
384
23,640
6,553

4,645
384
30,640
[7,000]
6,553

449
432
4,890

449
432
4,890

8,864
18,660
121,512

14,711
14,152

8,864
36,660
[18,000]
121,512
[–18,000]
[10,000]
[8,000]
14,711
14,152

134,589
15,049

134,589
15,049

36,731
33,547
13,635

36,731
33,547
17,315
[3,680]

4,262
2,207

4,262
2,207

6,277
41,973
32,560
9,991
10,674
5,507

6,277
41,973
32,560
9,991
10,674
5,507

4,591
18,419
7,673
24,513
35,225

4,591
18,419
7,673
24,513
31,525

11,838
1,332
2,092
3,869
1,584
1,197
7,006

[–3,700]
11,838
1,332
2,092
3,869
1,584
1,197
7,006

45,638

45,638

1,889

0

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4468

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line

Program
Element

302

1201921F

303
314

1202140F
1203400F

316

1203620F

318

1203906F

322A

9999999999

FY 2021
Request

Item
Transfer to Space Force .........................................
SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES.
SERVICE SUPPORT TO SPACECOM ACTIVITIES
SPACE SUPERIORITY INTELLIGENCE ..................
Transfer to RD,SF line 41B ..................................
NATIONAL SPACE DEFENSE CENTER ..................
Transfer to RD,SF line 41A ..................................
NCMC—TW/AA SYSTEM ............................................
Transfer to RD,SF line 41C ..................................
CLASSIFIED PROGRAMS ..........................................
Classified adjustment ............................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SUBTOTAL UNDISTRIBUTED ...........................
TOTAL RESEARCH,
TEST & EVAL, AF.

dkrause on LAP5T8D0R2PROD with PUBLAWS

001

VerDate Sep 11 2014

06:40 Jan 20, 2022

1206601SF

002

1203164SF

003
004
005
006

1203710SF
1206422SF
1206425SF
1206427SF

007
008

1206438SF
1206760SF

009

1206761SF

010
011
011A

1206855SF
1206857SF
9999999999

012

1203269SF

013
014
015
016
017

1203940SF
1206421SF
1206422SF
1206425SF
1206431SF

018
019
020

1206432SF
1206442SF
1206853SF

Jkt 019139

PO 00283

DEVELOPMENT,

RESEARCH, DEVELOPMENT, TEST & EVAL,
SPACE FORCE
APPLIED RESEARCH
SPACE TECHNOLOGY ...............................................
Rapid development of low-cost, small satellite
technology.
Small satellite mission operations center ............
SUBTOTAL APPLIED RESEARCH ....................
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
NAVSTAR GLOBAL POSITIONING SYSTEM
(USER EQUIPMENT) (SPACE).
MGUE program slip ..............................................
EO/IR WEATHER SYSTEMS ......................................
WEATHER SYSTEM FOLLOW-ON ...........................
SPACE SITUATION AWARENESS SYSTEMS .........
SPACE SYSTEMS PROTOTYPE TRANSITIONS
(SSPT).
Transfer from RD,AF line 74 ................................
SPACE CONTROL TECHNOLOGY ............................
PROTECTED TACTICAL ENTERPRISE SERVICE
(PTES).
Unjustified growth .................................................
PROTECTED TACTICAL SERVICE (PTS) ................
Unjustified growth .................................................
EVOLVED STRATEGIC SATCOM (ESS) ...................
SPACE RAPID CAPABILITIES OFFICE ...................
SPACE SECURITY AND DEFENSE PROGRAMS
(SSDP).
Transfer from RDTE,AF line 77 ...........................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
GPS III FOLLOW-ON (GPS IIIF) ...............................
Execution lagging ...................................................
SPACE SITUATION AWARENESS OPERATIONS ..
COUNTERSPACE SYSTEMS ......................................
WEATHER SYSTEM FOLLOW-ON ...........................
SPACE SITUATION AWARENESS SYSTEMS .........
ADVANCED EHF MILSATCOM (SPACE) .................
Program delays ......................................................
POLAR MILSATCOM (SPACE) ...................................
NEXT GENERATION OPIR ........................................
NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD.

Frm 01082

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL283.116

993
8,999
16,810
2,687
6,990
15,777,856
21,466,680

Conference
Authorized
[–1,889]
993
8,999
0
[–16,810]
0
[–2,687]
0
[–6,990]
15,217,856
[–560,000]
20,816,681
–649,999

37,391,826

130,874

36,639,037

146,874
[10,000]

130,874

[6,000]
146,874

390,704

380,704

131,000
83,384
33,359
142,808

[–10,000]
131,000
83,384
33,359
151,595

35,575
114,390

[8,787]
35,575
109,390

205,178
71,395
103,518

1,311,311

263,496
41,897
54,689
2,526
173,074
138,257
190,235
2,318,864
560,978

PUBL283

[–5,000]
200,178
[–5,000]
71,395
103,518
56,311
[56,311]
1,356,409

255,496
[–8,000]
41,897
54,689
2,526
173,074
128,257
[–10,000]
190,235
2,318,864
650,978

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4469

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

FY 2021
Request

Item
NSSL Phase 3 integration activities program .....
SUBTOTAL SYSTEM DEVELOPMENT &
DEMONSTRATION.

021

1206116SF

022

1206392SF

023
024
024A

1206398SF
1206860SF
9999999999

025

1206864SF

026

1201017SF

027

1203001SF

028

1203110SF

029

1203165SF

030

1203173SF

031

1203174SF

032

1203182SF

033
034
035
036

1203265SF
1203873SF
1203913SF
1203940SF

037

1206423SF

041
041A

1206770SF
9999999999

041B

9999999999

041C

9999999999

041D

9999999999

dkrause on LAP5T8D0R2PROD with PUBLAWS

042

1203614SF

MANAGEMENT SUPPORT
SPACE TEST AND TRAINING RANGE DEVELOPMENT.
ACQ WORKFORCE—SPACE & MISSILE SYSTEMS.
SPACE & MISSILE SYSTEMS CENTER—MHA ......
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE)
TACTICALLY RESPONSIVE LAUNCH .....................
Program increase ...................................................
SPACE TEST PROGRAM (STP) ..................................
SUBTOTAL MANAGEMENT SUPPORT ...........
OPERATIONAL SYSTEM DEVELOPMENT
UNDISTRIBUTED
GLOBAL SENSOR INTEGRATED ON NETWORK
(GSIN).
Transfer from Air Force ........................................
FAMILY OF ADVANCED BLOS TERMINALS
(FAB-T).
Prior year carryover ...............................................
SATELLITE CONTROL NETWORK (SPACE) ..........
Program decrease ...................................................
NAVSTAR GLOBAL POSITIONING SYSTEM
(SPACE AND CONTROL SEGMENTS).
SPACE AND MISSILE TEST AND EVALUATION
CENTER.
SPACE INNOVATION, INTEGRATION AND
RAPID TECHNOLOGY DEVELOPMENT.
Underexecution ......................................................
SPACELIFT RANGE SYSTEM (SPACE) ...................
Space launch range services and capabilities ......
GPS III SPACE SEGMENT .........................................
BALLISTIC MISSILE DEFENSE RADARS ...............
NUDET DETECTION SYSTEM (SPACE) ..................
SPACE SITUATION AWARENESS OPERATIONS ..
Underexecution ......................................................
GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.
Funds available prioritized to other space missions.
ENTERPRISE GROUND SERVICES .........................
NATIONAL SPACE DEFENSE CENTER (NSDC) ....
Transfer from RDTE,AF line 316 .........................
SPACE SUPERIORITY INTELLIGENCE (SSI) ........
Transfer from RDTE,AF line 314 .........................
NCMC—TW/AA SYSTEM ............................................
Transfer from RDTE,AF line 318 .........................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
SUBTOTAL UNDISTRIBUTED ...........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT
PROGRAMS
JSPOC MISSION SYSTEM .........................................
Commercial space situational awareness ............
Unjustified increase ...............................................
SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS.
TOTAL RESEARCH, DEVELOPMENT,
TEST & EVAL, SPACE FORCE.

VerDate Sep 11 2014

06:40 Jan 20, 2022

Jkt 019139

PO 00283

Frm 01083

Fmt 6580

Sfmt 6581

3,744,016

Conference
Authorized
[90,000]
3,816,016

20,281

20,281

183,930

183,930

9,765
17,993

9,765
17,993
5,000
[5,000]
26,541
263,510

26,541
258,510

3,708

247,229

75,480
1,984

5,597
[1,889]
234,729
[–12,500]
60,480
[–15,000]
1,984

4,397

4,397

44,746

39,746

11,020
10,777
28,179
29,157
44,809
481,999

[–5,000]
16,020
[5,000]
10,777
28,179
29,157
40,809
[–4,000]
416,999
[–65,000]

116,791

3,632,866
4,733,142

116,791
2,687
[2,687]
16,810
[16,810]
6,990
[6,990]
3,632,866
4,665,018
–68,124

149,742

149,742

10,327,595

164,742
[20,000]
[–5,000]
164,742

10,412,569

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4470

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line

001
002
003

0601000BR
0601101E
0601110D8Z

004

0601117E

005

0601120D8Z

006

0601228D8Z

dkrause on LAP5T8D0R2PROD with PUBLAWS

007

VerDate Sep 11 2014

06:40 Jan 20, 2022

Program
Element

0601384BP

008
009
011
012
013

0602000D8Z
0602115E
0602230D8Z
0602234D8Z
0602251D8Z

014

0602303E

015
016

0602383E
0602384BP

017
018
019
020
021

0602668D8Z
0602702E
0602715E
0602716E
0602718BR

022

0602751D8Z

023

1160401BB

024
025
026

0603000D8Z
0603121D8Z
0603122D8Z

027
029

0603133D8Z
0603160BR

030

0603176C

032
033

0603180C
0603225D8Z

034

0603286E

035
036

0603287E
0603288D8Z

Jkt 019139

PO 00283

FY 2021
Request

Item
RESEARCH, DEVELOPMENT, TEST & EVAL,
DW
BASIC RESEARCH
DTRA BASIC RESEARCH ...........................................
DEFENSE RESEARCH SCIENCES ...........................
BASIC RESEARCH INITIATIVES .............................
DEPSCoR ................................................................
Restore Minerva research initiative .....................
BASIC OPERATIONAL MEDICAL RESEARCH
SCIENCE.
NATIONAL DEFENSE EDUCATION PROGRAM ....
Civics education pilot .............................................
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.
Aerospace education, research, and innovation
activities.
HBCU/Minority Institutions .................................
Program increase ...................................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
SUBTOTAL BASIC RESEARCH .........................
APPLIED RESEARCH
JOINT MUNITIONS TECHNOLOGY ........................
BIOMEDICAL TECHNOLOGY ...................................
DEFENSE TECHNOLOGY INNOVATION ................
LINCOLN LABORATORY RESEARCH PROGRAM
APPLIED RESEARCH FOR THE ADVANCEMENT
OF S&T PRIORITIES.
Excess growth .........................................................
INFORMATION & COMMUNICATIONS TECHNOLOGY.
Program decrease ...................................................
BIOLOGICAL WARFARE DEFENSE ........................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
CYBER SECURITY RESEARCH ................................
TACTICAL TECHNOLOGY .........................................
MATERIALS AND BIOLOGICAL TECHNOLOGY ...
ELECTRONICS TECHNOLOGY .................................
COUNTER WEAPONS OF MASS DESTRUCTION
APPLIED RESEARCH.
SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.
SOF TECHNOLOGY DEVELOPMENT ......................
START research consortium of excellence for irregular warfare and advanced analytics.
Sustained Human Performance and Resilience ..
SUBTOTAL APPLIED RESEARCH ....................
ADVANCED TECHNOLOGY DEVELOPMENT
JOINT MUNITIONS ADVANCED TECHNOLOGY ..
SO/LIC ADVANCED DEVELOPMENT ......................
COMBATING TERRORISM TECHNOLOGY SUPPORT.
FOREIGN COMPARATIVE TESTING .......................
COUNTER WEAPONS OF MASS DESTRUCTION
ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED CONCEPTS AND PERFORMANCE
ASSESSMENT.
ADVANCED RESEARCH ............................................
JOINT DOD-DOE MUNITIONS TECHNOLOGY
DEVELOPMENT.
ADVANCED AEROSPACE SYSTEMS .......................
OpFires lack of transition pathway ......................
SPACE PROGRAMS AND TECHNOLOGY ...............
ANALYTIC ASSESSMENTS .......................................

Frm 01084

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL283.116

14,617
479,958
35,565

53,730
100,241
30,975

Conference
Authorized

14,617
479,958
67,565
[15,000]
[17,000]
53,730
102,241
[2,000]
57,975
[2,000]

45,300

[5,000]
[20,000]
45,300

760,386

821,386

19,409
107,568
35,000
41,080
60,722

19,409
107,568
35,000
41,080
54,335

435,920

[–6,387]
423,920

26,950
201,807

[–12,000]
26,950
201,807

15,255
233,271
250,107
322,693
174,571

15,255
233,271
250,107
322,693
174,571

9,573

9,573

42,464

52,464
[5,000]

1,976,390

[5,000]
1,968,003

22,920
4,914
51,089

22,920
4,914
51,089

25,183
366,659

25,183
366,659

14,910

14,910

18,687
18,873

18,687
18,873

230,978

220,978
[–10,000]
158,439
23,775

158,439
23,775

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4471

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
037

0603289D8Z

038

0603291D8Z

039
040

0603294C
0603338D8Z

042
043
044

0603342D8Z
0603375D8Z
0603384BP

045
046
047

0603527D8Z
0603618D8Z
0603648D8Z

048

0603662D8Z

049

0603680D8Z

050

0603680S

052

0603712S

053

0603716D8Z

dkrause on LAP5T8D0R2PROD with PUBLAWS

054

VerDate Sep 11 2014

Program
Element

0603720S

055
056
057

0603727D8Z
0603739E
0603760E

058

0603766E

059
060

0603767E
0603769D8Z

061
064

0603781D8Z
0603924D8Z

065

0603941D8Z

066

0603950D8Z

067

0604055D8Z

070

1160402BB

06:40 Jan 20, 2022

FY 2021
Request

Item
ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS.
ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA.
COMMON KILL VEHICLE TECHNOLOGY .............
DEFENSE MODERNIZATION AND PROTOTYPING.
Lack of hypersonic prototype coordination efforts
Stratospheric balloon research .............................
DEFENSE INNOVATION UNIT (DIU) ......................
TECHNOLOGY INNOVATION ...................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.
RETRACT LARCH ........................................................
JOINT ELECTRONIC ADVANCED TECHNOLOGY
JOINT
CAPABILITY
TECHNOLOGY
DEMONSTRATIONS.
NETWORKED COMMUNICATIONS CAPABILITIES.
DEFENSE-WIDE MANUFACTURING SCIENCE
AND TECHNOLOGY PROGRAM.
Accelerating rapid prototyping by integrating
high performance computing and advanced
manufacturing.
Additive manufacturing training ..........................
Advanced structural manufacturing technologies
Flexible hybrid electronics ....................................
Hypersonic thermal management research .........
MANUFACTURING TECHNOLOGY PROGRAM .....
Defense supply chain technologies .......................
Steel performance initiative ..................................
GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.
STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.
AFFF replacement .................................................
PFAS Innovation Award Fund .............................
PFAS remediation and disposal technology .........
MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.
MGUE—DLA requested transfer from P,DW
line 23.
JOINT WARFIGHTING PROGRAM ...........................
ADVANCED ELECTRONICS TECHNOLOGIES ......
COMMAND, CONTROL AND COMMUNICATIONS
SYSTEMS.
NETWORK-CENTRIC WARFARE TECHNOLOGY ..
Lack of coordination ..............................................
Unjustified increase ...............................................
SENSOR TECHNOLOGY ............................................
DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.
SOFTWARE ENGINEERING INSTITUTE ................
HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM.
Excess growth .........................................................
TEST & EVALUATION SCIENCE & TECHNOLOGY.
Directed energy test workloads
Excess growth electronic warfare test ..................
NATIONAL SECURITY INNOVATION NETWORK
Restore program .....................................................
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.
Program increase ...................................................
SOF ADVANCED TECHNOLOGY DEVELOPMENT

Jkt 019139

PO 00283

Frm 01085

Fmt 6580

Sfmt 6581

Conference
Authorized

36,524

36,524

14,703

14,703

11,058
133,375

11,058
123,673

26,141
27,709
188,001

[–19,702]
[10,000]
26,141
27,709
188,001

130,283
15,164
85,452

130,283
15,164
85,452

5,882

5,882

93,817

135,817
[5,000]

10,235

[2,000]
[25,000]
[5,000]
[5,000]
55,025
[5,000]
[10,000]
10,235

53,862

108,862

124,049

[25,000]
[5,000]
[25,000]
131,049

40,025

[7,000]
3,871
95,864
221,724

3,871
95,864
221,724

661,158

200,220
6,765

646,158
[–10,000]
[–5,000]
200,220
6,765

12,598
105,410

12,598
92,270

187,065

[–13,140]
154,365

[–32,700]
40,000
[40,000]
65,000

89,072

[65,000]
89,072

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4472

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line
071

0603161D8Z

073
075

0603600D8Z
0603851D8Z

dkrause on LAP5T8D0R2PROD with PUBLAWS

077

06:40 Jan 20, 2022

1206310SDA

072

076

VerDate Sep 11 2014

Program
Element

0603881C

0603882C

078

0603884BP

079
080
081
082

0603884C
0603890C
0603891C
0603892C

083

0603896C

084

0603898C

085

0603904C

086
087
088
089
090
092
093

0603906C
0603907C
0603913C
0603914C
0603915C
0603923D8Z
0604011D8Z

094

0604016D8Z

095

0604115C

098
099

0604181C
0604250D8Z

100
101

0604294D8Z
0604331D8Z

102

0604341D8Z

103

0604400D8Z

105

0604672C

107

0604682D8Z

Jkt 019139

PO 00283

FY 2021
Request

Item
SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.
WALKOFF .....................................................................
ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.
AFFF replacement .................................................
PFAS remediation and disposal technology .........
Program increase ...................................................
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.
Insufficient justification—homeland defense underlay.
BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.
Unjustified cost growth .........................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.
BALLISTIC MISSILE DEFENSE SENSORS ............
BMD ENABLING PROGRAMS ...................................
SPECIAL PROGRAMS—MDA .....................................
AEGIS BMD ..................................................................
Insufficient justification Aegis underlay and unjustified cost growth.
BALLISTIC MISSILE DEFENSE COMMAND AND
CONTROL, BATTLE MANAGEMENT AND
COMMUNICATI.
BALLISTIC
MISSILE
DEFENSE
JOINT
WARFIGHTER SUPPORT.
MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC).
REGARDING TRENCH ...............................................
SEA BASED X-BAND RADAR (SBX) .........................
ISRAELI COOPERATIVE PROGRAMS .....................
BALLISTIC MISSILE DEFENSE TEST ....................
BALLISTIC MISSILE DEFENSE TARGETS ............
COALITION WARFARE ..............................................
NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G).
Program decrease for Restoring S&T ...................
DEPARTMENT OF DEFENSE CORROSION PROGRAM.
TECHNOLOGY MATURATION INITIATIVES .........
Restore DPAL Effort ..............................................
HYPERSONIC DEFENSE ...........................................
ADVANCED INNOVATIVE TECHNOLOGIES .........
Micro nuclear reactors ...........................................
Program decrease ...................................................
TRUSTED & ASSURED MICROELECTRONICS .....
RAPID PROTOTYPING PROGRAM ...........................
Program decrease for Restoring S&T ...................
DEFENSE INNOVATION UNIT (DIU) PROTOTYPING.
Talent optimization pilot program .......................
DEPARTMENT OF DEFENSE (DOD) UNMANNED
SYSTEM COMMON DEVELOPMENT.
HOMELAND DEFENSE RADAR—HAWAII (HDRH).
Continue radar development and siting efforts ...
WARGAMING AND SUPPORT FOR STRATEGIC
ANALYSIS (SSA).

Frm 01086

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL283.116

Conference
Authorized

72,422

72,422

3,588,876

3,732,334

32,636

32,636

106,529
61,345

106,529
98,345

412,627

[10,000]
[25,000]
[2,000]
312,627
[–100,000]

1,004,305

76,167

924,305
[–80,000]
76,167

281,957
599,380
420,216
814,936

281,957
599,380
420,216
775,266
[–39,670]

593,353

593,353

49,560

49,560

55,356

55,356

11,863
118,318
300,000
378,302
536,133
10,129
449,000

11,863
118,318
300,000
378,302
536,133
10,129
430,000

3,325
67,389

[–19,000]
3,325

13,255

109,389
[42,000]
206,832
702,008
[50,000]
[–78,500]
489,076
82,023
[–20,000]
16,255

2,787

[3,000]
2,787

206,832
730,508

489,076
102,023

65,000

3,469

PUBL283

[65,000]
3,469

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4473

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

dkrause on LAP5T8D0R2PROD with PUBLAWS

Line

VerDate Sep 11 2014

Program
Element

109

0604826J

110
111

0604873C
0604874C

112

0604876C

113

0604878C

114
115
116

0604879C
0604880C
0604887C

118

0300206R

119

0303191D8Z

120
121

0305103C
1206410SDA

122
123

1206893C
1206895C

124

0604161D8Z

126

0604384BP

127

0604771D8Z

128

0605000BR

129
130

0605013BL
0605021SE

131
132
133

0605022D8Z
0605027D8Z
0605070S

134
135

0605075D8Z
0605080S

136

0605090S

137

0605141BR

138

0605210D8Z

139
140

0605294D8Z
0605772D8Z

143

0305304D8Z

144

0305310D8Z

06:40 Jan 20, 2022

FY 2021
Request

Item
JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS.
LONG RANGE DISCRIMINATION RADAR (LRDR)
IMPROVED HOMELAND DEFENSE INTERCEPTORS.
NGI contract delays ...............................................
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.
AEGIS BMD TEST .......................................................
Unjustified cost growth .........................................
BALLISTIC MISSILE DEFENSE SENSOR TEST ....
LAND-BASED SM–3 (LBSM3) ....................................
BALLISTIC MISSILE DEFENSE MIDCOURSE
SEGMENT TEST.
ENTERPRISE INFORMATION TECHNOLOGY
SYSTEMS.
JOINT
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
CYBER SECURITY INITIATIVE ................................
SPACE TECHNOLOGY DEVELOPMENT AND
PROTOTYPING.
HBTSS—transfer to 1206895C .............................
SPACE TRACKING & SURVEILLANCE SYSTEM ..
BALLISTIC MISSILE DEFENSE SYSTEM SPACE
PROGRAMS.
HBTSS—transfer from 1206410SDA ...................
HBTSS sensor payload development ....................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD.
Decontamination technologies for civilian pandemic preparedness.
JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS).
COUNTER WEAPONS OF MASS DESTRUCTION
SYSTEMS DEVELOPMENT.
INFORMATION TECHNOLOGY DEVELOPMENT
HOMELAND PERSONNEL SECURITY INITIATIVE.
DEFENSE EXPORTABILITY PROGRAM .................
OUSD(C) IT DEVELOPMENT INITIATIVES ...........
DOD ENTERPRISE SYSTEMS DEVELOPMENT
AND DEMONSTRATION.
CMO POLICY AND INTEGRATION ..........................
DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM.
DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS).
MISSION ASSURANCE RISK MANAGEMENT
SYSTEM (MARMS).
DEFENSE-WIDE ELECTRONIC PROCUREMENT
CAPABILITIES.
TRUSTED & ASSURED MICROELECTRONICS .....
NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS.
DOD ENTERPRISE ENERGY INFORMATION
MANAGEMENT (EEIM).
CWMD SYSTEMS: SYSTEM DEVELOPMENT AND
DEMONSTRATION.

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Authorized

19,190

19,190

137,256
664,138

137,256
450,138

7,768
170,880
76,456
56,628
67,071

[–214,000]
7,768
95,880
[–75,000]
76,456
56,628
67,071

2,198

2,198

997

997

1,148
215,994

1,148
195,994

34,144
32,068

[–20,000]
34,144
152,068

9,416,712

[20,000]
[100,000]
9,087,542

7,173

7,173

319,976

324,976
[5,000]

54,985

54,985

15,650

15,650

1,441
7,287

1,441
7,287

12,928
10,259
1,377

12,928
10,259
1,377

1,648
20,537

1,648
20,537

1,638

1,638

5,500

5,500

8,279

8,279

107,585
3,685

107,585
3,685

3,275

3,275

20,585

20,585

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4474

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line

Program
Element

dkrause on LAP5T8D0R2PROD with PUBLAWS

SUBTOTAL SYSTEM
DEMONSTRATION.

VerDate Sep 11 2014

06:40 Jan 20, 2022

145
146

0603829J
0604774D8Z

147

0604875D8Z

148

0604940D8Z

149
150
151

0604942D8Z
0605001E
0605100D8Z

153

0605126J

155
156
157

0605142D8Z
0605151D8Z
0605161D8Z

158

0605170D8Z

159
160

0605200D8Z
0605384BP

167

0605790D8Z

168
169

0605797D8Z
0605798D8Z

170

0605801KA

171

0605803SE

172
173
174

0605804D8Z
0605898E
0605998KA

175
176

0606100D8Z
0606225D8Z

177

0606589D8W

180

0203345D8Z

181
182
185
186

0204571J
0208045K
0303140SE
0303166J

187

0303260D8Z

188
190

0305172K
0305208K

194

0804768J

195

0808709SE

196
197
198A

0901598C
0903235K
9999999999

Jkt 019139

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FY 2021
Request

Item
DEVELOPMENT

&

MANAGEMENT SUPPORT
JOINT CAPABILITY EXPERIMENTATION .............
DEFENSE READINESS REPORTING SYSTEM
(DRRS).
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT.
CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).
Telemetry range extension wave glider relay ......
ASSESSMENTS AND EVALUATIONS ......................
MISSION SUPPORT ....................................................
JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC).
JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).
SYSTEMS ENGINEERING .........................................
STUDIES AND ANALYSIS SUPPORT—OSD ...........
NUCLEAR MATTERS-PHYSICAL SECURITY .........
Excess growth .........................................................
SUPPORT TO NETWORKS AND INFORMATION
INTEGRATION.
GENERAL SUPPORT TO USD (INTELLIGENCE) ..
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
SMALL BUSINESS INNOVATION RESEARCH
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
MAINTAINING TECHNOLOGY ADVANTAGE ........
DEFENSE TECHNOLOGY ANALYSIS .....................
Excess growth .........................................................
DEFENSE TECHNICAL INFORMATION CENTER
(DTIC).
Program decrease ...................................................
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION.
DEVELOPMENT TEST AND EVALUATION ...........
MANAGEMENT HQ—R&D .........................................
MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).
BUDGET AND PROGRAM ASSESSMENTS .............
ODNA TECHNOLOGY AND RESOURCE ANALYSIS.
DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT.
DEFENSE OPERATIONS SECURITY INITIATIVE
(DOSI).
JOINT STAFF ANALYTICAL SUPPORT ..................
C4I INTEROPERABILITY ...........................................
INFORMATION SYSTEMS SECURITY PROGRAM
SUPPORT TO INFORMATION OPERATIONS (IO)
CAPABILITIES.
DEFENSE MILITARY DECEPTION PROGRAM
OFFICE (DMDPO).
COMBINED ADVANCED APPLICATIONS ..............
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA.
DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI).
MANAGEMENT HQ—MDA ........................................
JOINT SERVICE PROVIDER (JSP) ...........................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL MANAGEMENT SUPPORT ...........

Frm 01088

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E:\PUBLAW\PUBL283.116

Conference
Authorized

603,808

608,808

11,239
9,793

11,239
9,793

8,497

8,497

422,451

427,451

18,379
74,334
79,046

[5,000]
18,379
74,334
79,046

50,255

50,255

49,376
5,777
16,552

49,376
5,777
13,991
[–2,561]
9,582

9,582
1,940
122,951

1,940
122,951

3,582

3,582

29,566
29,059
59,369

29,566
24,059
[–5,000]
57,716

29,420

[–1,653]
29,420

27,198
13,434
2,837

27,198
13,434
2,837

13,173
3,200

13,173
3,200

999

999

3,099

3,099

3,058
59,813
1,112
545

3,058
59,813
1,112
545

1,036

1,036

30,824
3,048

30,824
3,048

31,125

31,125

100

100

26,902
3,138
41,583
1,297,392

26,902
3,138
41,583
1,293,178

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4475

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

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Line

VerDate Sep 11 2014

Program
Element

199
200
201

0604130V
0604532K
0605127T

202

0605147T

203

0607210D8Z

204

0607310D8Z

205

0607327T

206

0607384BP

207
212

0208043J
0302019K

213
214

0303126K
0303131K

215
216
217

0303136G
0303140D8Z
0303140G

218
219
220
223
231
235

0303140K
0303150K
0303153K
0303228K
0305128V
0305186D8Z

236
238

0305199D8Z
0305208BB

245

0305387D8Z

252
253
254

0708012K
0708012S
0708047S

256
258
259
260

1105219BB
1160403BB
1160405BB
1160408BB

261

1160431BB

262

1160432BB

263

1160434BB

06:40 Jan 20, 2022

FY 2021
Request

Item

OPERATIONAL SYSTEMS DEVELOPMENT
ENTERPRISE SECURITY SYSTEM (ESS) ...............
JOINT ARTIFICIAL INTELLIGENCE .......................
REGIONAL INTERNATIONAL OUTREACH (RIO)
AND PARTNERSHIP FOR PEACE INFORMATION MANA.
OVERSEAS
HUMANITARIAN
ASSISTANCE
SHARED INFORMATION SYSTEM (OHASIS).
INDUSTRIAL
BASE
ANALYSIS
AND
SUSTAINMENT SUPPORT.
Advanced machine tool research ..........................
Cold spray manufacturing technologies ...............
Domestic organic light emitting diode microdisplay manufacturing.
Domestic tungsten .................................................
Manufacturing for reuse of NdFeB magnets .......
Program increase ...................................................
Submarine workforce development and training
Ultra-hard armor ...................................................
CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT.
GLOBAL THEATER SECURITY COOPERATION
MANAGEMENT INFORMATION SYSTEMS (GTSCMIS).
CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).
PLANNING AND DECISION AID SYSTEM (PDAS)
DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.
LONG-HAUL COMMUNICATIONS—DCS ................
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).
KEY MANAGEMENT INFRASTRUCTURE (KMI) ...
INFORMATION SYSTEMS SECURITY PROGRAM
INFORMATION SYSTEMS SECURITY PROGRAM
GenCyber ................................................................
Workforce Transformation Cyber Initiative Pilot
Program.
INFORMATION SYSTEMS SECURITY PROGRAM
GLOBAL COMMAND AND CONTROL SYSTEM .....
DEFENSE SPECTRUM ORGANIZATION .................
JOINT REGIONAL SECURITY STACKS (JRSS) .....
SECURITY AND INVESTIGATIVE ACTIVITIES .....
POLICY R&D PROGRAMS ..........................................
Program decrease ...................................................
NET CENTRICITY .......................................................
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM.
LOGISTICS SUPPORT ACTIVITIES .........................
PACIFIC DISASTER CENTERS .................................
DEFENSE PROPERTY ACCOUNTABILITY SYSTEM.
MQ–9 UAV ....................................................................
AVIATION SYSTEMS ..................................................
INTELLIGENCE SYSTEMS DEVELOPMENT .........
OPERATIONAL ENHANCEMENTS ..........................
Machine learning and AI technologies to enable
operational maneuver.
WARRIOR SYSTEMS ...................................................
MMP excess to need ..............................................
SPECIAL PROGRAMS .................................................
Classified adjustment—excess to need .................
UNMANNED ISR .........................................................
Underexecution ......................................................

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14,378
132,058
1,986

14,378
132,058
1,986

316

316

9,151

90,151
[20,000]
[5,000]
[5,000]

19,082

[5,000]
[6,000]
[15,000]
[20,000]
[5,000]
19,082

3,992

3,992

39,530

39,530

3,039
16,324

3,039
16,324

11,884
5,560

11,884
5,560

73,356
46,577
356,713

73,356
46,577
394,713
[18,000]
[20,000]

8,922
3,695
20,113
9,728
5,700
7,144
21,793
6,066

8,922
3,695
20,113
9,728
5,700
6,301
[–843]
21,793
6,066

2,190

2,190

1,654
1,785
7,301

1,654
1,785
7,301

21,265
230,812
19,558
136,041

21,265
230,812
19,558
146,041
[10,000]

59,511

58,333
[–1,178]
7,500
[–3,000]
15,154
[–4,000]

10,500
19,154

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4476

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)

Line

Program
Element

264
265

1160480BB
1160483BB

266
267

1160489BB
1160490BB

268
268A

1203610K
9999999999

269

0608197V

270

0608648D8Z

271

0303150K

272

0308588D8Z

FY 2021
Request

Item
SOF TACTICAL VEHICLES .......................................
MARITIME SYSTEMS .................................................
DCS Block II studies unjustified growth .............
GLOBAL VIDEO SURVEILLANCE ACTIVITIES .....
OPERATIONAL
ENHANCEMENTS
INTELLIGENCE.
TELEPORT PROGRAM ...............................................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.

0605118OTE
0605131OTE
0605814OTE

9,263
59,882
4,606
11,612

SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
NATIONAL
BACKGROUND
INVESTIGATION
SERVICES—SOFTWARE PILOT PROGRAM.
Unjustified increase ...............................................
ACQUISITION VISIBILITY—SOFTWARE PILOT
PROGRAM.
GLOBAL COMMAND AND CONTROL SYSTEM .....
Program decrease ...................................................
ALGORITHMIC WARFARE CROSS FUNCTIONAL
TEAMS—SOFTWARE PILOT PROGRAM.
SUBTOTAL SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS.

9,263
56,882
[–3,000]
4,606
11,612

3,239
4,746,466
6,161,946

3,239
4,746,466
6,278,925

121,676

101,676

16,848

[–20,000]
16,848

250,107

76,750
[–10,000]
250,107

475,381

445,381

DEVELOPMENT,

24,280,891

24,235,557

OPERATIONAL TEST & EVAL, DEFENSE
MANAGEMENT SUPPORT
OPERATIONAL TEST AND EVALUATION .............
LIVE FIRE TEST AND EVALUATION ......................
OPERATIONAL TEST ACTIVITIES AND ANALYSES.
SUBTOTAL MANAGEMENT SUPPORT ...........

100,021
70,933
39,136

100,021
70,933
39,136

210,090

210,090

TOTAL OPERATIONAL TEST & EVAL,
DEFENSE.

210,090

210,090

TOTAL RDT&E ................................................

106,224,793

104,708,901

TOTAL RESEARCH,
TEST & EVAL, DW.

001
002
003

Conference
Authorized

86,750

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

dkrause on LAP5T8D0R2PROD with PUBLAWS

016

Program
Element

0602145A

080

0603327A

114

0604785A

FY 2021
Request

Item
RESEARCH, DEVELOPMENT, TEST & EVAL,
ARMY
APPLIED RESEARCH
NEXT GENERATION COMBAT VEHICLE TECHNOLOGY.
SUBTOTAL APPLIED RESEARCH .........................
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.
INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4)
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.

2,000

2,000

2,000

2,000

500

500

2,020
2,520

2,020
2,520

SYSTEM DEVELOPMENT & DEMONSTRATION

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PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4477

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

Program
Element

131

0604741A

159
166
183

0605035A
0605051A
0304270A

198
209

0605709A
0606003A

239

0203802A

248
257
258

0303028A
0305204A
0305206A

FY 2021
Request

Item
AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.
COMMON INFRARED COUNTERMEASURES (CIRCM)
AIRCRAFT SURVIVABILITY DEVELOPMENT ...............
ELECTRONIC WARFARE DEVELOPMENT ....................
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
EXPLOITATION OF FOREIGN ITEMS .............................
COUNTERINTEL AND HUMAN INTEL MODERNIZATION.
SUBTOTAL MANAGEMENT SUPPORT ................
OPERATIONAL SYSTEMS DEVELOPMENT
OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS.
SECURITY AND INTELLIGENCE ACTIVITIES ..............
TACTICAL UNMANNED AERIAL VEHICLES .................
AIRBORNE RECONNAISSANCE SYSTEMS ....................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
TOTAL RESEARCH, DEVELOPMENT, TEST
& EVAL, ARMY.

039
058

0603527N
0603654N

063
071

0603734N
0603795N

142

0604755N

229

0206625M

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
RETRACT LARCH ................................................................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.
CHALK CORAL .....................................................................
LAND ATTACK TECHNOLOGY .........................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
SHIP SELF DEFENSE (DETECT & CONTROL) ..............
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
OPERATIONAL SYSTEMS DEVELOPMENT
USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP).
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
TOTAL RESEARCH, DEVELOPMENT, TEST
& EVAL, NAVY.

185
228

0205671F
0208288F

RESEARCH, DEVELOPMENT, TEST & EVAL, AF
UNDISTRIBUTED
JOINT COUNTER RCIED ELECTRONIC WARFARE .....
INTEL DATA APPLICATIONS ...........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.

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TOTAL RESEARCH, DEVELOPMENT, TEST
& EVAL, AF.

010

VerDate Sep 11 2014

0602134BR

06:40 Jan 20, 2022

RESEARCH, DEVELOPMENT, TEST & EVAL, DW
APPLIED RESEARCH
COUNTER IMPROVISED-THREAT ADVANCED STUDIES.
SUBTOTAL APPLIED RESEARCH .........................

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27,000

27,000

2,300
64,625
3,900
97,825

2,300
64,625
3,900
97,825

1,000
4,137

1,000
4,137

5,137

5,137

2,300

2,300

23,367
34,100
15,575
75,342

23,367
34,100
15,575
75,342

182,824

182,824

36,500
14,461

36,500
14,461

3,000
1,457
55,418

3,000
1,457
55,418

1,144
1,144

1,144
1,144

3,000

3,000

3,000

3,000

59,562

59,562

4,080
1,224
5,304

4,080
1,224
5,304

5,304

5,304

3,699

3,699

3,699

3,699

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4478

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

026
028

Program
Element

0603122D8Z
0603134BR

097

0604134BR

260
261
263
268A

1160408BB
1160431BB
1160434BB
9999999999

FY 2021
Request

Item

ADVANCED TECHNOLOGY DEVELOPMENT
COMBATING TERRORISM TECHNOLOGY SUPPORT ..
COUNTER IMPROVISED-THREAT SIMULATION .........
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.

Conference
Authorized

19,288
3,861
23,149

19,288
3,861
23,149

19,931

19,931

19,931

19,931

1,186
5,796
5,000
24,057
36,039

1,186
5,796
5,000
24,057
36,039

TOTAL RESEARCH, DEVELOPMENT, TEST
& EVAL, DW.

82,818

82,818

TOTAL RDT&E ........................................................

330,508

330,508

ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
COUNTER IMPROVISED-THREAT DEMONSTRATION,
PROTOTYPE DEVELOPMENT, AND TESTING.
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
OPERATIONAL SYSTEMS DEVELOPMENT
OPERATIONAL ENHANCEMENTS ...................................
WARRIOR SYSTEMS ...........................................................
UNMANNED ISR ..................................................................
CLASSIFIED PROGRAMS ...................................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.

TITLE XLIII—OPERATION AND
MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
SEC. 4301. OPERATION AND MAINTENANCE.
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

020

030

040
050
060

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070

080
090

VerDate Sep 11 2014

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FY 2021
Request

Item

OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
MODULAR SUPPORT BRIGADES ...............................
Unjustified funding for Dynamic Force Employment .......................................................................
ECHELONS ABOVE BRIGADE ....................................
Unjustified funding for Dynamic Force Employment .......................................................................
THEATER LEVEL ASSETS ..........................................
Unjustified growth ...................................................
LAND FORCES OPERATIONS SUPPORT ..................
AVIATION ASSETS ........................................................
Unjustified funding for Dynamic Force Employment .......................................................................
Unjustified growth ...................................................
FORCE READINESS OPERATIONS SUPPORT .........
PDI: Army UFR INDOPACOM MDTF #1 .............
Transfer to MP,A line 13 .........................................
Unjustified growth ...................................................
LAND FORCES SYSTEMS READINESS .....................
LAND FORCES DEPOT MAINTENANCE ..................

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Conference
Authorized

159,834

149,534

663,751

[–10,300]
661,938

956,477
1,157,635
1,453,024

4,713,660

404,161
1,413,359

E:\PUBLAW\PUBL283.116

PUBL283

[–1,813]
936,477
[–20,000]
1,157,635
1,348,649
[–32,375]
[–72,000]
4,673,660
[45,000]
[–10,000]
[–75,000]
404,161
1,378,359

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4479

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

100

110

120
160

170
180
190
200
210

220
230
240

250
260
270
280
290
300
310
320
330
340
350
360
370

390
400
410
420
430
440

dkrause on LAP5T8D0R2PROD with PUBLAWS

450
460
470

480

VerDate Sep 11 2014

FY 2021
Request

Item

Conference
Authorized

Unjustified growth ...................................................
BASE OPERATIONS SUPPORT ...................................
Army Community Services ......................................
Child Youth Services program increase .................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase .....................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................
US AFRICA COMMAND ................................................
Force protection upfrades—personnel recovery/
casualty evacuation ..............................................
Program increase—personnel recovery and casualty evacuation ...................................................
US EUROPEAN COMMAND ........................................
US SOUTHERN COMMAND ........................................
US FORCES KOREA ......................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................
CYBERSPACE ACTIVITIES—CYBERSECURITY ......
SUBTOTAL OPERATING FORCES ..................

430,109
464,117
24,692,261

430,109
464,117
24,873,733

MOBILIZATION
STRATEGIC MOBILITY ................................................
ARMY PREPOSITIONED STOCKS ..............................
INDUSTRIAL PREPAREDNESS ..................................
SUBTOTAL MOBILIZATION .............................

402,236
324,306
3,653
730,195

402,236
324,306
3,653
730,195

8,220,093

3,581,071

411,844
239,387

160,761
197,826
65,152

ADMIN & SRVWIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
CENTRAL SUPPLY ACTIVITIES .................................
LOGISTIC SUPPORT ACTIVITIES ..............................
AMMUNITION MANAGEMENT ..................................
ADMINISTRATION ........................................................
SERVICEWIDE COMMUNICATIONS .........................
Unjustified growth ...................................................
MANPOWER MANAGEMENT ......................................
OTHER PERSONNEL SUPPORT .................................
OTHER SERVICE SUPPORT ........................................
Excess personnel increase .......................................
Servicewoman’s Commemorative Partnership ......
ARMY CLAIMS ACTIVITIES ........................................

Jkt 019139

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Frm 01093

Fmt 6580

3,815,531
[234,460]
411,844
277,887
[2,500]

TRAINING AND RECRUITING
OFFICER ACQUISITION ..............................................
RECRUIT TRAINING ....................................................
ONE STATION UNIT TRAINING ................................
SENIOR RESERVE OFFICERS TRAINING CORPS ..
SPECIALIZED SKILL TRAINING ................................
FLIGHT TRAINING .......................................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
TRAINING SUPPORT ....................................................
RECRUITING AND ADVERTISING ............................
Unjustified growth ...................................................
EXAMINING ...................................................................
OFF-DUTY AND VOLUNTARY EDUCATION ............
CIVILIAN EDUCATION AND TRAINING ..................
JUNIOR RESERVE OFFICER TRAINING CORPS ....
SUBTOTAL TRAINING AND RECRUITING ..

06:40 Jan 20, 2022

[–35,000]
8,340,093
[30,000]
[90,000]

Sfmt 6581

165,142
76,509
88,523
535,578
981,436
1,204,768
215,195
575,232
722,612
185,522
221,503
154,651
173,286
5,299,957

491,926
812,613
676,178
437,774
438,048
1,638,872
300,046
701,103
1,887,133

195,291

[36,000]
160,761
197,826
65,152

165,142
76,509
88,523
535,578
981,436
1,204,768
215,195
575,232
717,612
[–5,000]
185,522
221,503
154,651
173,286
5,294,957

491,926
812,613
676,178
437,774
438,048
1,618,872
[–20,000]
300,046
701,103
1,886,133
[–4,000]
[3,000]
195,291

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4480

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
FY 2021
Request

Line

Item

490
500

REAL ESTATE MANAGEMENT ..................................
FINANCIAL MANAGEMENT AND AUDIT READINESS ............................................................................
INTERNATIONAL MILITARY HEADQUARTERS .....
MISC. SUPPORT OF OTHER NATIONS .....................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ......................................................................

510
520
565

570

010
020
030
040

050
060
070
080
090
100

110
120
130

140
150
160
170
180

dkrause on LAP5T8D0R2PROD with PUBLAWS

210

229,537

229,537

306,370
373,030
32,719
1,069,915

306,370
373,030
32,719
1,069,915

9,590,555

9,569,555

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
Foreign Currency adjustments ...............................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ARMY ................................................................

–395,600
[–258,300]
[–137,300]
–395,600

40,312,968

28,783

28,783

2,745
7,438
2,825,366

2,745
7,438
2,821,425

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
ADMINISTRATION ........................................................
SERVICEWIDE COMMUNICATIONS .........................
MANPOWER MANAGEMENT ......................................
RECRUITING AND ADVERTISING ............................
SUBTOTAL ADMIN & SRVWD ACTIVITIES

15,530
17,761
14,256
6,564
55,240
109,351

15,530
17,761
14,256
6,564
55,240
109,351

10,784
530,425
123,737
589,582

89,332
387,545
97,569
43,148
587,098

10,784
530,425
123,737
579,582
[–8,400]
[–1,600]
89,332
387,545
97,569
43,148
587,098

327,180

333,239
[6,059]

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................

–33,500
[–33,500]
–33,500

2,934,717

OPERATION & MAINTENANCE, ARNG

06:40 Jan 20, 2022

Jkt 019139

40,072,840

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
MODULAR SUPPORT BRIGADES ...............................
ECHELONS ABOVE BRIGADE ....................................
THEATER LEVEL ASSETS ..........................................
LAND FORCES OPERATIONS SUPPORT ..................
Unjustified growth ...................................................
Unjustified personnel growth ..................................
AVIATION ASSETS ........................................................
FORCE READINESS OPERATIONS SUPPORT .........
LAND FORCES SYSTEMS READINESS .....................
LAND FORCES DEPOT MAINTENANCE ..................
BASE OPERATIONS SUPPORT ...................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase for additional facility requirements .....................................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................
CYBERSPACE ACTIVITIES—CYBERSECURITY ......
SUBTOTAL OPERATING FORCES ..................

TOTAL OPERATION & MAINTENANCE,
ARMY RES .......................................................

VerDate Sep 11 2014

Conference
Authorized

PO 00283

Frm 01094

Fmt 6580

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E:\PUBLAW\PUBL283.116

PUBL283

2,897,276

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4481

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

010
020
030
040
050
060
070
080
090
100
110

120
130

140

150
160
170
180
190
200

220

FY 2021
Request

Item

OPERATING FORCES
MANEUVER UNITS .......................................................
MODULAR SUPPORT BRIGADES ...............................
ECHELONS ABOVE BRIGADE ....................................
THEATER LEVEL ASSETS ..........................................
Insufficient justification ...........................................
LAND FORCES OPERATIONS SUPPORT ..................
AVIATION ASSETS ........................................................
FORCE READINESS OPERATIONS SUPPORT .........
LAND FORCES SYSTEMS READINESS .....................
LAND FORCES DEPOT MAINTENANCE ..................
BASE OPERATIONS SUPPORT ...................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase for additional facility requirements .....................................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................
Program increase—cyber security training center
CYBERSPACE ACTIVITIES—CYBERSECURITY ......
SUBTOTAL OPERATING FORCES ..................

7,756
7,008,170

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
ADMINISTRATION ........................................................
SERVICEWIDE COMMUNICATIONS .........................
MANPOWER MANAGEMENT ......................................
OTHER PERSONNEL SUPPORT .................................
REAL ESTATE MANAGEMENT ..................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES

8,018
74,309
66,140
9,087
251,714
2,576
411,844

020
030
040
050

dkrause on LAP5T8D0R2PROD with PUBLAWS

060
070
080
100

VerDate Sep 11 2014

32,485
1,011,142
712,881
47,732
265,408
1,106,704
876,032

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ........
Transfer to OCO .......................................................
Unjustified increase .................................................
FLEET AIR TRAINING .................................................
Restoration of Congressional mark ........................
AVIATION TECHNICAL DATA & ENGINEERING
SERVICES ...................................................................
AIR OPERATIONS AND SAFETY SUPPORT .............
AIR SYSTEMS SUPPORT .............................................
Restoration of Congressional mark ........................
AIRCRAFT DEPOT MAINTENANCE ..........................
Unjustified growth ...................................................
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
AVIATION LOGISTICS ..................................................
Restoration of Congressional mark ........................
SHIP OPERATIONS SUPPORT & TRAINING ...........

06:40 Jan 20, 2022

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PO 00283

Frm 01095

Fmt 6580

Sfmt 6581

769,449
204,604
812,072
101,150
[–2,500]
32,485
1,011,142
712,881
47,732
265,408
1,106,704
892,254
[16,222]

1,050,257
7,998

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ARNG ................................................................

010

769,449
204,604
812,072
103,650

Conference
Authorized

1,050,257
8,998
[1,000]
7,756
7,022,892

8,018
74,309
66,140
9,087
251,714
2,576
411,844

–66,100
[–66,100]
–66,100

7,420,014

7,368,636

5,738,746

5,373,746
[–300,000]
[–65,000]
2,163,673
[–50,000]

2,213,673

57,144
171,949
838,767
1,459,447
57,789
1,264,665
1,117,067

57,144
171,949
834,067
[–4,700]
1,454,447
[–5,000]
57,789
1,234,665
[–30,000]
1,107,067

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4482

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)

Line

110
120

125

130

140
150
160
170

180
190
200

210
220
230
240
250
260

270

280

dkrause on LAP5T8D0R2PROD with PUBLAWS

290

300

VerDate Sep 11 2014

06:40 Jan 20, 2022

Jkt 019139

FY 2021
Request

Item

Unjustified increase .................................................
SHIP DEPOT MAINTENANCE ....................................
SHIP DEPOT OPERATIONS SUPPORT ......................
Unjustified increase .................................................
Unjustified personnel growth ..................................
SHIPYARD INFRASTRUCTURE OPTIMIZATION
PLAN ............................................................................
Realignment from Sustainment, Readiness, and
Modernization .......................................................
COMBAT COMMUNICATIONS AND ELECTRONIC
WARFARE ...................................................................
Unjustified increase .................................................
SPACE SYSTEMS AND SURVEILLANCE ..................
WARFARE TACTICS ......................................................
OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .........................................................................
COMBAT SUPPORT FORCES ......................................
Restoration of Congressional mark ........................
Transfer to OCO .......................................................
EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT .....................................................
COMBATANT COMMANDERS CORE OPERATIONS
PDI: Asia-Pacific Regional Initiative ......................
COMBATANT COMMANDERS DIRECT MISSION
SUPPORT .....................................................................
PDI: Indo-Pacific Counter-Terrorism Information
Facility ...................................................................
PDI: Indo-Pacific Special Operations Joint Task
Force ......................................................................
MILITARY INFORMATION SUPPORT OPERATIONS ........................................................................
CYBERSPACE ACTIVITIES ..........................................
FLEET BALLISTIC MISSILE .......................................
WEAPONS MAINTENANCE .........................................
Restoration of Congressional mark ........................
OTHER WEAPON SYSTEMS SUPPORT .....................
ENTERPRISE INFORMATION .....................................
Program decrease .....................................................
Restoration of Congressional mark ........................
SUSTAINMENT,
RESTORATION
AND
MODERNIZATION ..............................................................
Navy requested transfer from RDTE,N line 184 ...
Program increase for additional facility requirements .....................................................................
Realignment to Shipyard Infrastructure Optimization Plan ............................................................
BASE OPERATING SUPPORT .....................................
Restoration of Congressional mark ........................
SUBTOTAL OPERATING FORCES ..................
MOBILIZATION
SHIP PREPOSITIONING AND SURGE ......................
Realignment to National Defense Sealift Fund .....
Restoration of Congressional mark ........................
Strategic sealift (MSC surge) annual operating
result loss ..............................................................
Surge sealift readiness ............................................
READY RESERVE FORCE ............................................

PO 00283

Frm 01096

Fmt 6580

Sfmt 6581

7,859,104
2,262,196

Conference
Authorized

[–10,000]
7,859,104
2,242,196
[–13,000]
[–7,000]
90,000
[90,000]

1,521,360
274,087
741,609

1,502,360
[–19,000]
274,087
741,609

401,382
1,546,273

401,382
936,273
[–60,000]
[–550,000]

177,951
61,484

177,951
66,084
[4,600]

102,330

110,630
[2,000]
[6,300]

8,810
567,496
1,428,102
995,762
524,008
1,229,056

3,453,099

8,810
567,496
1,428,102
950,762
[–45,000]
524,008
1,204,056
[–5,000]
[–20,000]
3,454,793
[27,748]
[63,946]

4,627,966
40,701,322

849,993

436,029

E:\PUBLAW\PUBL283.116

PUBL283

[–90,000]
4,603,966
[–24,000]
39,598,216

657,900
[–314,193]
[–20,000]
[57,000]
[85,100]
376,029

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4483

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

310
320
330

340
350
360
370
380
390
400
410
420
430

440

450
460
470
480

500
510
520
625

770

FY 2021
Request

Item

Acquisition and conversion of additional used vessels .........................................................................
Realignment to National Defense Sealift Fund .....
SHIP ACTIVATIONS/INACTIVATIONS ......................
Restoration of Congressional mark ........................
EXPEDITIONARY HEALTH SERVICES SYSTEMS ..
COAST GUARD SUPPORT ...........................................
SUBTOTAL MOBILIZATION .............................

dkrause on LAP5T8D0R2PROD with PUBLAWS

VerDate Sep 11 2014

99,402
25,235
1,697,075

TRAINING AND RECRUITING
OFFICER ACQUISITION ..............................................
RECRUIT TRAINING ....................................................
RESERVE OFFICERS TRAINING CORPS ..................
SPECIALIZED SKILL TRAINING ................................
Restoration of Congressional mark ........................
PROFESSIONAL DEVELOPMENT EDUCATION .....
Sea Cadets ................................................................
TRAINING SUPPORT ....................................................
RECRUITING AND ADVERTISING ............................
OFF-DUTY AND VOLUNTARY EDUCATION ............
CIVILIAN EDUCATION AND TRAINING ..................
JUNIOR ROTC ................................................................
SUBTOTAL TRAINING AND RECRUITING ..

186,117
13,206
163,683
947,841
367,647
254,928
206,305
103,799
66,060
56,276
2,365,862

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ........................................................
Program decrease .....................................................
Restoration of Congressional mark ........................
CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ...................................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...................................................................
MEDICAL ACTIVITIES .................................................
SERVICEWIDE TRANSPORTATION ...........................
Unjustified funding for Dynamic Force Employment .......................................................................
PLANNING, ENGINEERING, AND PROGRAM SUPPORT ............................................................................
ACQUISITION, LOGISTICS, AND OVERSIGHT .......
Program decrease unaccounted for .........................
INVESTIGATIVE AND SECURITY SERVICES ..........
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES

1,249,410

Jkt 019139

PO 00283

Frm 01097

Fmt 6580

186,117
13,206
163,683
930,841
[–17,000]
369,147
[1,500]
254,928
206,305
103,799
66,060
56,276
2,350,362

1,203,410
[–13,000]
[–33,000]
189,625

499,904
196,747
165,708

499,904
196,747
162,410
[–3,298]

519,716
751,184
747,519
608,670
4,928,483

519,716
740,184
[–11,000]
747,519
608,670
4,868,185

–126,000
[–77,500]
[–48,500]
–126,000

49,692,742

OPERATION
&
MAINTENANCE,
MARINE
CORPS
OPERATING FORCES
OPERATIONAL FORCES ..............................................
Deactivation of 2X companies .................................
Insufficient justification ...........................................

06:40 Jan 20, 2022

[60,000]
[–120,000]
258,416
[–28,000]
99,402
25,235
1,416,982

189,625

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
Foreign Currency adjustments ...............................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
NAVY .................................................................

010

286,416

Conference
Authorized

Sfmt 6581

941,143

48,107,745

517,464
[–1,761]
[–10,300]

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4484

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)

Line

FY 2021
Request

Item

Transfer to OCO .......................................................
Unit deactivation ......................................................
Unjustified funding for Dynamic Force Employment .......................................................................
FIELD LOGISTICS .........................................................
DEPOT MAINTENANCE ...............................................
USMC-identified asset for FY21 depot maintenance workload .....................................................
MARITIME PREPOSITIONING ....................................
CYBERSPACE ACTIVITIES ..........................................
SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................
Program increase for additional facility requirements .....................................................................
BASE OPERATING SUPPORT .....................................
Program increase .....................................................
SUBTOTAL OPERATING FORCES ..................

5,948,179

080
090
100
110
120
130
140
150

TRAINING AND RECRUITING
RECRUIT TRAINING ....................................................
OFFICER ACQUISITION ..............................................
SPECIALIZED SKILL TRAINING ................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
TRAINING SUPPORT ....................................................
RECRUITING AND ADVERTISING ............................
OFF-DUTY AND VOLUNTARY EDUCATION ............
JUNIOR ROTC ................................................................
SUBTOTAL TRAINING AND RECRUITING ..

20,751
1,193
110,149
69,509
412,613
215,464
33,719
25,784
889,182

20,751
1,193
110,149
69,509
412,613
215,464
33,719
25,784
889,182

160
170
215

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
ADMINISTRATION ........................................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES

32,005
399,363
59,878
491,246

32,005
399,363
59,878
491,246

020
030

040
050
060

070

230

010

dkrause on LAP5T8D0R2PROD with PUBLAWS

020
030
040
050
070
080
090
100
110

06:40 Jan 20, 2022

Jkt 019139

[–400,000]
[–2,942]

1,277,798
206,907

[–8,676]
1,277,798
168,414

103,614
215,974

[–38,493]
103,614
215,974

938,063

955,434

2,264,680

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
Foreign Currency adjustments ...............................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
MARINE CORPS ............................................

VerDate Sep 11 2014

Conference
Authorized

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ........
Insufficient justification ...........................................
INTERMEDIATE MAINTENANCE ..............................
AIRCRAFT DEPOT MAINTENANCE ..........................
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
AVIATION LOGISTICS ..................................................
COMBAT COMMUNICATIONS ....................................
COMBAT SUPPORT FORCES ......................................
CYBERSPACE ACTIVITIES ..........................................
ENTERPRISE INFORMATION .....................................
SUSTAINMENT,
RESTORATION
AND
MODERNIZATION ..............................................................
Program increase for additional facility requirements .....................................................................

PO 00283

Frm 01098

Fmt 6580

Sfmt 6581

[17,371]
2,365,680
[101,000]
5,604,378

–34,200
[–20,800]
[–13,400]
–34,200

7,328,607

635,070

6,950,606

8,713
105,088
398
27,284
17,894
132,862
453
26,073

632,070
[–3,000]
8,713
105,088
398
27,284
17,894
132,862
453
26,073

48,762

49,665

E:\PUBLAW\PUBL283.116

[903]

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4485

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
FY 2021
Request

Line

Item

120

BASE OPERATING SUPPORT .....................................
SUBTOTAL OPERATING FORCES ..................

130
140
150

190

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ........................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...................................................................
ACQUISITION AND PROGRAM MANAGEMENT .....
SUBTOTAL ADMIN & SRVWD ACTIVITIES

010
020
030

040

050

70

020
030

040

dkrause on LAP5T8D0R2PROD with PUBLAWS

050

060

VerDate Sep 11 2014

103,580
1,104,080

1,927

1,927

15,895
3,047
20,869

15,895
3,047
20,869

–12,700
[–12,700]
–12,700

1,127,046

1,112,249

104,616
17,053

104,616
17,053

41,412

42,179

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
OPERATING FORCES ...................................................
DEPOT MAINTENANCE ...............................................
SUSTAINMENT,
RESTORATION
AND
MODERNIZATION ..............................................................
Program increase for additional facility requirements .....................................................................
BASE OPERATING SUPPORT .....................................
SUBTOTAL OPERATING FORCES ..................

107,773
270,854

[767]
107,773
271,621

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ........................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES

13,802
13,802

13,802
13,802

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
MC RESERVE .................................................

010

103,580
1,106,177

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
NAVY RES .......................................................

Conference
Authorized

OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
PRIMARY COMBAT FORCES ......................................
A–10 retention ..........................................................
COMBAT ENHANCEMENT FORCES .........................
Unjustified personnel growth ..................................
AIR OPERATIONS TRAINING (OJT, MAINTAIN
SKILLS) ........................................................................
A–10 retention ..........................................................
Insufficient justification ...........................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE
A–10 retention ..........................................................
KC–10 aircraft retention .........................................
KC–135 aircraft retention .......................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase .....................................................
CYBERSPACE SUSTAINMENT ...................................

06:40 Jan 20, 2022

Jkt 019139

PO 00283

Frm 01099

Fmt 6580

Sfmt 6581

–2,500
[–2,500]
–2,500

284,656

282,923

731,511

733,181
[1,670]
1,272,985
[–2,500]

1,275,485

1,437,095

1,441,525
[12,430]
[–8,000]
117,375
[65,575]
[48,400]
[3,400]

3,241,216

3,343,016
[101,800]
235,816

235,816

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4486

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Item

070

CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...........................................................
A–10 aircraft retention ............................................
FLYING HOUR PROGRAM ...........................................
A–10 aircraft retention ............................................
KC–10 tanker divestment reversal .........................
KC–135 tanker divestment reversal .......................
BASE SUPPORT .............................................................
Insufficient justification ...........................................
Unjustified funding for Dynamic Force Employment .......................................................................
GLOBAL C3I AND EARLY WARNING ........................
Insufficient justification ...........................................
PDI: Mission Partner Environment implementation .........................................................................
OTHER COMBAT OPS SPT PROGRAMS ...................
Program decrease unaccounted for .........................
Realignment from Base to OCO .............................
CYBERSPACE ACTIVITIES ..........................................
SPACE CONTROL SYSTEMS .......................................
US NORTHCOM/NORAD ..............................................
US STRATCOM ...............................................................
US CYBERCOM ..............................................................
US CENTCOM ................................................................
US SOCOM ......................................................................
US TRANSCOM ..............................................................
USSPACECOM ................................................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL OPERATING FORCES ..................

080

090

100

110

120
150
160
170
180
190
200
210
230
235

240
250

260
270
280
290
300
310
320
330
340
350
360
370

dkrause on LAP5T8D0R2PROD with PUBLAWS

380
390
400
410
420

VerDate Sep 11 2014

06:40 Jan 20, 2022

FY 2021
Request

Line

Jkt 019139

MOBILIZATION
AIRLIFT OPERATIONS .................................................
Realignment from Base to OCO .............................
MOBILIZATION PREPAREDNESS ..............................
SUBTOTAL MOBILIZATION .............................
TRAINING AND RECRUITING
OFFICER ACQUISITION ..............................................
RECRUIT TRAINING ....................................................
RESERVE OFFICERS TRAINING CORPS (ROTC) ....
SPECIALIZED SKILL TRAINING ................................
FLIGHT TRAINING .......................................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
TRAINING SUPPORT ....................................................
RECRUITING AND ADVERTISING ............................
EXAMINING ...................................................................
OFF-DUTY AND VOLUNTARY EDUCATION ............
CIVILIAN EDUCATION AND TRAINING ..................
Insufficient justification ...........................................
JUNIOR ROTC ................................................................
SUBTOTAL TRAINING AND RECRUITING ..
ADMIN & SRVWD ACTIVITIES
LOGISTICS OPERATIONS ............................................
TECHNICAL SUPPORT ACTIVITIES .........................
ADMINISTRATION ........................................................
Program decrease .....................................................
SERVICEWIDE COMMUNICATIONS .........................
OTHER SERVICEWIDE ACTIVITIES .........................

PO 00283

Frm 01100

Fmt 6580

Sfmt 6581

1,508,342
4,458,457

7,497,288

849,842

1,067,055

698,579
34,194
204,268
526,809
314,524
186,116
9,881
1,046
249,022
1,289,339
25,815,885

1,350,031
647,168
1,997,199

142,548
25,720
128,295
417,335
615,033
298,795
85,844
155,065
4,474
219,349
361,570
72,126
2,526,154

672,426
145,130
851,251
28,554
1,188,414

E:\PUBLAW\PUBL283.116

PUBL283

Conference
Authorized

1,524,227
[15,885]
4,564,117
[52,860]
[16,200]
[36,600]
7,468,684
[–22,000]
[–6,604]
871,642
[–9,000]
[30,800]
868,476
[–3,000]
[–195,579]
698,579
34,194
204,268
526,809
314,524
186,116
9,881
1,046
249,022
1,289,339
25,954,822

1,150,031
[–200,000]
647,168
1,797,199

142,548
25,720
128,295
417,335
615,033
298,795
85,844
155,065
4,474
219,349
358,570
[–3,000]
72,126
2,523,154

672,426
145,130
829,251
[–22,000]
28,554
1,183,814

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4487

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

430
450
455

550

020
030
040
050
060
070
080

090

110

FY 2021
Request

Item

Program decrease .....................................................
CIVIL AIR PATROL .......................................................
Program increase .....................................................
INTERNATIONAL SUPPORT .......................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES

28,772
158,803
1,338,009
4,411,359

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
COVID-related throughput carryover adjustment
Foreign Currency adjustments ...............................
SUBTOTAL UNDISTRIBUTED ..........................

020
030
040

dkrause on LAP5T8D0R2PROD with PUBLAWS

050
060
070

VerDate Sep 11 2014

[–4,600]
43,205
[14,433]
158,803
1,338,009
4,399,192

–225,800
[–110,600]
[–75,800]
[–39,400]
–225,800

TOTAL OPERATION & MAINTENANCE,
AIR FORCE .....................................................

34,750,597

34,448,567

OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
GLOBAL C3I & EARLY WARNING .............................
SPACE LAUNCH OPERATIONS ..................................
SPACE OPERATIONS ....................................................
EDUCATION & TRAINING ..........................................
SPECIAL PROGRAMS ...................................................
DEPOT MAINTENANCE ...............................................
CONTRACTOR LOGISTICS & SYSTEM SUPPORT ..
SUBTOTAL OPERATING FORCES ..................

276,109
177,056
475,338
18,660
137,315
250,324
1,063,969
2,398,771

276,109
177,056
475,338
18,660
137,315
250,324
1,063,969
2,398,771

ADMINISTRATION AND SERVICE WIDE ACTIVITIES
ADMINISTRATION ........................................................
Unjustified growth ...................................................
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES ...................................

132,523

123,523
[–9,000]

132,523

123,523

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
SPACE FORCE ...............................................

010

Conference
Authorized

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
PRIMARY COMBAT FORCES ......................................
Insufficient justification ...........................................
MISSION SUPPORT OPERATIONS ............................
Insufficient justification ...........................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase for additional facility requirements .....................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...........................................................
BASE SUPPORT .............................................................
CYBERSPACE ACTIVITIES ..........................................
SUBTOTAL OPERATING FORCES ..................

06:40 Jan 20, 2022

Jkt 019139

PO 00283

Frm 01101

Fmt 6580

Sfmt 6581

–8,000
[–8,000]
–8,000

2,531,294

2,514,294

1,782,016

453,896

1,767,016
[–15,000]
214,209
[–1,000]
453,896

103,414

107,614

215,209

[4,200]
224,977
452,468
2,259
3,234,239

224,977
452,468
2,259
3,222,439

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4488

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
FY 2021
Request

Line

Item

080
090
100
110
120

ADMINISTRATION AND SERVICEWIDE ACTIVITIES
ADMINISTRATION ........................................................
RECRUITING AND ADVERTISING ............................
MILITARY MANPOWER AND PERS MGMT (ARPC)
OTHER PERS SUPPORT (DISABILITY COMP) .........
AUDIOVISUAL ...............................................................
SUBTOTAL
ADMINISTRATION
AND
SERVICEWIDE ACTIVITIES ..........................

130

010
020
030
040

050
060
070
080

090
100

110

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
AIRCRAFT OPERATIONS .............................................
MISSION SUPPORT OPERATIONS ............................
DEPOT PURCHASE EQUIPMENT MAINTENANCE
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Installation recovery ................................................
Program increase for additional facility requirements .....................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...........................................................
BASE SUPPORT .............................................................
CYBERSPACE SUSTAINMENT ...................................
CYBERSPACE ACTIVITIES ..........................................
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
RECRUITING AND ADVERTISING ............................
Insufficient justification ...........................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

dkrause on LAP5T8D0R2PROD with PUBLAWS

020
030

VerDate Sep 11 2014

06:40 Jan 20, 2022

Jkt 019139

74,258
23,121
12,006
6,165
495

116,045

116,045

–30,300
[–30,300]
–30,300

3,350,284

3,308,184

2,476,205
611,325
1,138,919

2,476,205
611,325
1,138,919

323,605

OPERATION AND MAINTENANCE, DEFENSEWIDE
OPERATING FORCES
JOINT CHIEFS OF STAFF ...........................................
Insufficient justification ...........................................
JOINT CHIEFS OF STAFF—CE2T2 ............................
JOINT CHIEFS OF STAFF—CYBER ...........................

PO 00283

Frm 01102

Fmt 6580

Sfmt 6581

362,505
[30,000]
[8,900]

1,100,828
962,438
27,028
16,380
6,656,728

1,100,828
962,438
27,028
16,380
6,695,628

48,218
48,696

48,218
45,696
[–3,000]

96,914

93,914

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ANG ...................................................................

010

74,258
23,121
12,006
6,165
495

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
AF RESERVE ..................................................

Conference
Authorized

–44,300
[–44,300]
–44,300

6,753,642

439,111
535,728
24,728

E:\PUBLAW\PUBL283.116

PUBL283

6,745,242

424,111
[–15,000]
535,728
24,728

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4489

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)

040

SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES .......................................
SOCOM Syria exfiltration reconsitution ................
SPECIAL OPERATIONS COMMAND CYBERSPACE
ACTIVITIES .................................................................
SPECIAL
OPERATIONS
COMMAND
INTELLIGENCE .....................................................................
DOMEX insufficient budget justification ...............
SPECIAL OPERATIONS COMMAND MAINTENANCE .........................................................................
Program increase .....................................................
Unjustified DCS growth ..........................................
SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS ..............
SPECIAL
OPERATIONS
COMMAND
OPERATIONAL SUPPORT ..................................................
SPECIAL OPERATIONS COMMAND THEATER
FORCES .......................................................................
Flying hours program excess to need .....................
Overestimation of civilian personnel costs .............
SUBTOTAL OPERATING FORCES ..................

7,146,446

TRAINING AND RECRUITING
DEFENSE ACQUISITION UNIVERSITY ....................
JOINT CHIEFS OF STAFF ...........................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
SUBTOTAL TRAINING AND RECRUITING ..

162,963
95,684
33,301
291,948

162,963
95,684
33,301
291,948

147,993

179,878
[16,885]
[15,000]
623,835

060

070

080
090
100

120
130
140

160

180

190
210
220
230
250
260

270
280
290

dkrause on LAP5T8D0R2PROD with PUBLAWS

Conference
Authorized

Item

050

330
340

VerDate Sep 11 2014

FY 2021
Request

Line

ADMIN & SRVWIDE ACTIVITIES
CIVIL MILITARY PROGRAMS .....................................
Innovative Readiness Training ...............................
Program increase—STARBASE ..............................
DEFENSE CONTRACT AUDIT AGENCY ...................
Program increase—DWR reductions funding restoration ..................................................................
DEFENSE CONTRACT AUDIT AGENCY—CYBER ...
DEFENSE CONTRACT MANAGEMENT AGENCY ...
Restoration of DWR reductions ..............................
DEFENSE CONTRACT MANAGEMENT AGENCY—
CYBER ..........................................................................
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ............................................................
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER ............................................
DEFENSE HUMAN RESOURCES ACTIVITY ............
Defense Flagship Language and Project Global
Officer program increase ......................................
Insufficient justification ...........................................
DEFENSE HUMAN RESOURCES ACTIVITY—
CYBER .........................................................................
DEFENSE INFORMATION SYSTEMS AGENCY .......
JAIC insufficient justification .................................
DEFENSE INFORMATION SYSTEMS AGENCY—
CYBER ..........................................................................
JRSS SIPR funding ..................................................
DEFENSE LEGAL SERVICES AGENCY ....................
DEFENSE LOGISTICS AGENCY .................................
Maternity Uniform Pilot Program ..........................
Program increase—homeless blankets program ....

06:40 Jan 20, 2022

Jkt 019139

PO 00283

Frm 01103

Fmt 6580

Sfmt 6581

1,069,971

9,800

1,072,931
[2,960]
9,800

561,907

555,907
[–6,000]

685,097

705,814
[22,000]
[–1,283]

158,971

158,971

1,062,748

1,062,748

2,598,385

2,583,952
[–12,400]
[–2,033]
7,134,690

604,835

3,282
1,370,681

[19,000]
3,282
1,412,681
[42,000]

22,532

22,532

949,008

949,008

9,577
799,952

9,577
800,356
[13,404]
[–13,000]

20,806
1,883,190

20,806
1,853,190
[–30,000]

582,639

577,939
[–4,700]
37,637
415,584
[10,000]
[3,500]

37,637
382,084

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4490

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)

Line

350
360
370

400
410
430
440

450
480

490

500
510

530
535

600

FY 2021
Request

Item

Program increase—PTAP ........................................
DEFENSE MEDIA ACTIVITY .......................................
Stars and Stripes .....................................................
DEFENSE PERSONNEL ACCOUNTING AGENCY ...
DEFENSE SECURITY COOPERATION AGENCY .....
Unjustified growth for Institute for Security Governance ..................................................................
DEFENSE TECHNOLOGY SECURITY ADMINISTRATION .....................................................................
DEFENSE THREAT REDUCTION AGENCY .............
DEFENSE THREAT REDUCTION AGENCY—
CYBER ..........................................................................
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................
Impact Aid ................................................................
Impact Aid for children with disabilities ...............
MISSILE DEFENSE AGENCY ......................................
OFFICE OF ECONOMIC ADJUSTMENT ...................
Defense Community Infrastructure Program ........
Guam Public Health Laboratory .............................
Military Aircraft Noise Mitigation ..........................
Restoration of DWR reduction ................................
OFFICE OF THE SECRETARY OF DEFENSE ..........
Additional FTEs, Office of the Deputy Assistant
Secretary for Environment ..................................
Bien Hoa dioxin cleanup .........................................
CDC PFAS health assessment ................................
Cooperative program for Vietnam personnel MIA
DOD Congressional reports process modernization .........................................................................
FY20 NDAA Sec. 575 interstate spousal licensing
JASON scientific advisory group ............................
National Security Commission on Artificial Intelligence (NSCAI) ....................................................
Pilot program for cyber cooperation .......................
Program increase—Readiness and Environmental
Protection Initiative .............................................
Unjustified growth ...................................................
OFFICE OF THE SECRETARY OF DEFENSE—
CYBER ..........................................................................
SPACE DEVELOPMENT AGENCY ..............................
Reduction for studies ...............................................
Unjustified growth ...................................................
WASHINGTON HEADQUARTERS SERVICES ..........
Insufficient justification ...........................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ......................................................................

dkrause on LAP5T8D0R2PROD with PUBLAWS

US COURT OF
FORCES, DEF

06:40 Jan 20, 2022

Jkt 019139

129,225
598,559

PO 00283

Frm 01104

APPEALS

Fmt 6580

FOR

Sfmt 6581

[20,000]
205,997
[9,000]
129,225
588,559
[–10,000]

38,432
591,780

38,432
591,780

24,635

24,635

2,941,429

505,858
40,272

1,540,446

3,011,429
[50,000]
[20,000]
505,858
134,272
[50,000]
[19,000]
[5,000]
[20,000]
1,588,696
[2,000]
[15,000]
[15,000]
[2,000]
[1,000]
[2,750]
[3,000]
[2,500]
[2,500]
[25,000]
[–22,500]

51,630
48,166

17,348,749

51,630
36,166
[–7,000]
[–5,000]
333,291
[–7,000]
17,348,749

31,210,685

31,495,024

340,291

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
COVID-related ops/training slowdown ...................
Foreign Currency adjustments ...............................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE ............................

VerDate Sep 11 2014

196,997

Conference
Authorized

–248,500
[–229,800]
[–18,700]
–248,500

38,649,079

ARMED

E:\PUBLAW\PUBL283.116

PUBL283

38,673,162

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4491

SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

010

010

010

010

050

060

dkrause on LAP5T8D0R2PROD with PUBLAWS

070

080

VerDate Sep 11 2014

FY 2021
Request

Item

Conference
Authorized

ADMINISTRATION AND ASSOCIATED ACTIVITIES
US COURT OF APPEALS FOR THE ARMED
FORCES, DEFENSE ...................................................
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES .......................................

15,211

15,211

15,211

15,211

TOTAL US COURT OF APPEALS FOR
ARMED FORCES, DEF .................................

15,211

15,211

58,181

108,181

DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
ACQ WORKFORCE DEV FD .........................................
DWR restore OSD-level acquisition workforce activities ....................................................................
SUBTOTAL ACQUISITION WORKFORCE
DEVELOPMENT ................................................

58,181

108,181

TOTAL DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND ...............................

58,181

108,181

OVERSEAS HUMANITARIAN, DISASTER, AND
CIVIC AID
HUMANITARIAN ASSISTANCE
OVERSEAS HUMANITARIAN, DISASTER AND
CIVIC AID ....................................................................
SUBTOTAL HUMANITARIAN ASSISTANCE

109,900
109,900

109,900
109,900

TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ..............................

109,900

109,900

[50,000]

COOPERATIVE THREAT REDUCTION ACCOUNT
COOPERATIVE THREAT REDUCTION
COOPERATIVE THREAT REDUCTION .....................
Restoration of funding .............................................
SUBTOTAL COOPERATIVE THREAT REDUCTION ............................................................

238,490

360,190
[121,700]

238,490

360,190

TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT ............................................

238,490

360,190

ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
ENVIRONMENTAL RESTORATION, ARMY ..............
SUBTOTAL DEPARTMENT OF THE ARMY ..

207,518
207,518

207,518
207,518

DEPARTMENT OF THE NAVY
ENVIRONMENTAL RESTORATION, NAVY ..............
SUBTOTAL DEPARTMENT OF THE NAVY ...

335,932
335,932

335,932
335,932

DEPARTMENT OF THE AIR FORCE
ENVIRONMENTAL RESTORATION, AIR FORCE ....
SUBTOTAL DEPARTMENT OF THE AIR
FORCE .................................................................

303,926

303,926

303,926

303,926

DEFENSE-WIDE
ENVIRONMENTAL RESTORATION, DEFENSE .......

9,105

9,105

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134 STAT. 4492

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)

Line

090

010

FY 2021
Request

Item

Conference
Authorized

SUBTOTAL DEFENSE-WIDE .............................

9,105

9,105

DEFENSE-WIDE
ENVIRONMENTAL RESTORATION FORMERLY
USED SITES ................................................................
SUBTOTAL DEFENSE-WIDE .............................

216,587
216,587

216,587
216,587

TOTAL ENVIRONMENTAL RESTORATION .................................................................

1,073,068

1,073,068

196,630,496

192,436,494

TOTAL OPERATION & MAINTENANCE ....
UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Excessive standard price for fuel ............................
SUBTOTAL UNDISTRIBUTED ..........................

–1,711,780
[–1,711,780]
–1,711,780

TOTAL UNDISTRIBUTED ..............................

–1,711,780

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

010

030
040

050
060
070

080
090
100
110

130
140

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150
160
170

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Request

Item

OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
MANEUVER UNITS ..........................................................
Drawdown from Operation Freedom’s Sentinel ........
Unjustified funding for Dynamic Force Employment
ECHELONS ABOVE BRIGADE .......................................
THEATER LEVEL ASSETS ..............................................
Drawdown from Operation Freedom’s Sentinel ........
Unjustified growth ......................................................
LAND FORCES OPERATIONS SUPPORT .....................
Drawdown from Operation Freedom’s Sentinel ........
AVIATION ASSETS ...........................................................
Drawdown from Operation Freedom’s Sentinel ........
FORCE READINESS OPERATIONS SUPPORT ............
Drawdown from Operation Freedom’s Sentinel ........
Unjustified growth ......................................................
LAND FORCES SYSTEMS READINESS ........................
Drawdown from Operation Freedom’s Sentinel ........
LAND FORCES DEPOT MAINTENANCE .....................
BASE OPERATIONS SUPPORT ......................................
Drawdown from Operation Freedom’s Sentinel ........
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .........................................................
Drawdown from Operation Freedom’s Sentinel ........
ADDITIONAL ACTIVITIES ..............................................
Drawdown from Operation Freedom’s Sentinel ........
COMMANDER’S EMERGENCY RESPONSE PROGRAM ..............................................................................
Excess to need .............................................................
RESET .................................................................................
Retrograde from Operation Freedom’s Sentinel .......
US AFRICA COMMAND ...................................................
US EUROPEAN COMMAND ............................................

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4,114,001

32,811
2,542,760

162,557
204,396
5,716,734

180,048
81,125
219,029

301,017
966,649

2,500
403,796
100,422
120,043

E:\PUBLAW\PUBL283.116

PUBL283

Conference
Authorized

3,862,628
[–89,500]
[–161,873]
32,811
2,052,760
[–480,000]
[–10,000]
112,557
[–50,000]
179,572
[–24,824]
4,136,734
[–1,500,000]
[–80,000]
80,048
[–100,000]
81,125
187,029
[–32,000]
260,017
[–41,000]
782,649
[–184,000]
2,000
[–500]
1,003,796
[600,000]
100,422
120,043

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4493

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Conference
Authorized

Item

200

CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ...........................................................................
CYBERSPACE ACTIVITIES—CYBERSECURITY .........
SUBTOTAL OPERATING FORCES .....................

98,461
21,256
15,267,605

98,461
21,256
13,113,908

230

MOBILIZATION
ARMY PREPOSITIONED STOCKS .................................
SUBTOTAL MOBILIZATION .................................

103,052
103,052

103,052
103,052

290
320

TRAINING AND RECRUITING
SPECIALIZED SKILL TRAINING ...................................
TRAINING SUPPORT .......................................................
SUBTOTAL TRAINING AND RECRUITING .....

89,943
2,550
92,493

89,943
2,550
92,493

210

390
400
410
420
440
470
490
510
565

020
060
090

010
020
030
040
060
070
100

170

dkrause on LAP5T8D0R2PROD with PUBLAWS

FY 2021
Request

Line

ADMIN & SRVWIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ..............................
Retrograde from Operation Freedom’s Sentinel .......
CENTRAL SUPPLY ACTIVITIES ....................................
LOGISTIC SUPPORT ACTIVITIES .................................
AMMUNITION MANAGEMENT .....................................
SERVICEWIDE COMMUNICATIONS ............................
OTHER SERVICE SUPPORT ...........................................
REAL ESTATE MANAGEMENT .....................................
INTERNATIONAL MILITARY HEADQUARTERS ........
CLASSIFIED PROGRAMS ................................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES

43,897
68,423
29,162
11,447
5,839
48,782
50,000
895,964
1,674,604

TOTAL OPERATION & MAINTENANCE,
ARMY ...................................................................

17,137,754

15,384,057

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
ECHELONS ABOVE BRIGADE .......................................
FORCE READINESS OPERATIONS SUPPORT ............
BASE OPERATIONS SUPPORT ......................................
SUBTOTAL OPERATING FORCES .....................

17,193
440
15,766
33,399

17,193
440
15,766
33,399

TOTAL OPERATION & MAINTENANCE,
ARMY RES ..........................................................

33,399

33,399

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
MANEUVER UNITS ..........................................................
MODULAR SUPPORT BRIGADES ..................................
ECHELONS ABOVE BRIGADE .......................................
THEATER LEVEL ASSETS ..............................................
AVIATION ASSETS ...........................................................
FORCE READINESS OPERATIONS SUPPORT ............
BASE OPERATIONS SUPPORT ......................................
SUBTOTAL OPERATING FORCES .....................

25,746
40
983
22
20,624
7,914
24,417
79,746

25,746
40
983
22
20,624
7,914
24,417
79,746

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE COMMUNICATIONS ............................
SUBTOTAL ADMIN & SRVWD ACTIVITIES .....

46
46

46
46

TOTAL OPERATION & MAINTENANCE,
ARNG ...................................................................

79,792

79,792

521,090

921,090
[400,000]
43,897
68,423
29,162
11,447
5,839
48,782
50,000
895,964
2,074,604

AFGHANISTAN SECURITY FORCES FUND

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134 STAT. 4494

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)

010
020
030
040

AFGHAN NATIONAL ARMY
SUSTAINMENT .................................................................
INFRASTRUCTURE ..........................................................
EQUIPMENT AND TRANSPORTATION ........................
TRAINING AND OPERATIONS ......................................
SUBTOTAL AFGHAN NATIONAL ARMY ..........

1,065,932
64,501
47,854
56,780
1,235,067

1,065,932
64,501
47,854
56,780
1,235,067

050
060
070
080

AFGHAN NATIONAL POLICE
SUSTAINMENT .................................................................
INFRASTRUCTURE ..........................................................
EQUIPMENT AND TRANSPORTATION ........................
TRAINING AND OPERATIONS ......................................
SUBTOTAL AFGHAN NATIONAL POLICE .......

434,500
448
108,231
58,993
602,172

434,500
448
108,231
58,993
602,172

090
100
110
120

AFGHAN AIR FORCE
SUSTAINMENT .................................................................
INFRASTRUCTURE ..........................................................
EQUIPMENT AND TRANSPORTATION ........................
TRAINING AND OPERATIONS ......................................
SUBTOTAL AFGHAN AIR FORCE ......................

534,102
9,532
58,487
233,803
835,924

534,102
9,532
58,487
233,803
835,924

130
140
150
160

AFGHAN SPECIAL SECURITY FORCES
UNDISTRIBUTED
SUSTAINMENT .................................................................
INFRASTRUCTURE ..........................................................
EQUIPMENT AND TRANSPORTATION ........................
TRAINING AND OPERATIONS ......................................
SUBTOTAL AFGHAN SPECIAL SECURITY
FORCES ..................................................................

680,024
2,532
486,808
173,085

680,024
2,532
486,808
173,085

1,342,449

1,342,449

TOTAL AFGHANISTAN SECURITY FORCES
FUND ...................................................................

4,015,612

4,015,612

645,000

322,500

020

010

dkrause on LAP5T8D0R2PROD with PUBLAWS

030
040
050
060
070
080
090

06:40 Jan 20, 2022

Conference
Authorized

Item

010

VerDate Sep 11 2014

FY 2021
Request

Line

Jkt 019139

COUNTER ISIS TRAIN AND EQUIP FUND
(CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND
(CTEF)
IRAQ ....................................................................................
Transfer for 10 USC 333 Iraq security cooperation
activities ...................................................................
SYRIA ..................................................................................
SUBTOTAL COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF) ..........................................

200,000

[–322,500]
200,000

845,000

522,500

TOTAL COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF) ....................................................

845,000

522,500

382,062

682,062
[300,000]

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ...........
Transfer from base ......................................................
AVIATION TECHNICAL DATA & ENGINEERING
SERVICES .......................................................................
AIR OPERATIONS AND SAFETY SUPPORT ................
AIR SYSTEMS SUPPORT .................................................
AIRCRAFT DEPOT MAINTENANCE .............................
AIRCRAFT DEPOT OPERATIONS SUPPORT ...............
AVIATION LOGISTICS .....................................................
MISSION AND OTHER SHIP OPERATIONS ................

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832
17,840
210,692
170,580
5,854
33,707
5,817,696

E:\PUBLAW\PUBL283.116

PUBL283

832
17,840
210,692
170,580
5,854
33,707
5,717,696

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4495

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

Insufficient justification ..............................................
SHIP OPERATIONS SUPPORT & TRAINING ..............
SHIP DEPOT MAINTENANCE ........................................
COMBAT COMMUNICATIONS AND ELECTRONIC
WARFARE .......................................................................
SPACE SYSTEMS AND SURVEILLANCE .....................
WARFARE TACTICS .........................................................
OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ............................................................................
COMBAT SUPPORT FORCES .........................................
Insufficient justification ..............................................
Transfer from base ......................................................
EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ........................................................
COMBATANT COMMANDERS DIRECT MISSION
SUPPORT ........................................................................
CYBERSPACE ACTIVITIES .............................................
WEAPONS MAINTENANCE ............................................
OTHER WEAPON SYSTEMS SUPPORT ........................
SUSTAINMENT, RESTORATION AND MODERNIZATION ................................................................................
BASE OPERATING SUPPORT ........................................
SUBTOTAL OPERATING FORCES .....................

320

370

100
110
130
140
150
160
170

180
200
220
240
250
270
280

440
460
480
510
520

010
020
030
050
070

120
dkrause on LAP5T8D0R2PROD with PUBLAWS

FY 2021
Request

Item

20,741
2,072,470
59,254
18,000
17,324
22,581
772,441

Conference
Authorized

[–100,000]
20,741
2,072,470
59,254
18,000
17,324
22,581
1,312,441
[–10,000]
[550,000]

5,788

5,788

24,800
369
567,247
12,571

24,800
369
567,247
12,571

70,041
218,792
10,521,682

70,041
218,792
11,261,682

MOBILIZATION
EXPEDITIONARY HEALTH SERVICES SYSTEMS .....
SUBTOTAL MOBILIZATION .................................

22,589
22,589

22,589
22,589

TRAINING AND RECRUITING
SPECIALIZED SKILL TRAINING ...................................
SUBTOTAL TRAINING AND RECRUITING .....

53,204
53,204

53,204
53,204

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ...........................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ......................................................................
SERVICEWIDE TRANSPORTATION ..............................
ACQUISITION, LOGISTICS, AND OVERSIGHT ...........
INVESTIGATIVE AND SECURITY SERVICES .............
SUBTOTAL ADMIN & SRVWD ACTIVITIES .....

9,983

9,983

7,805
72,097
11,354
1,591
102,830

7,805
72,097
11,354
1,591
102,830

TOTAL OPERATION & MAINTENANCE,
NAVY ....................................................................

10,700,305

11,440,305

OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
OPERATIONAL FORCES .................................................
Transfer from base ......................................................
FIELD LOGISTICS ............................................................
DEPOT MAINTENANCE ..................................................
CYBERSPACE ACTIVITIES .............................................
BASE OPERATING SUPPORT ........................................
SUBTOTAL OPERATING FORCES .....................

195,001
55,183
10,000
24,569
1,012,742

TRAINING AND RECRUITING
TRAINING SUPPORT .......................................................
SUBTOTAL TRAINING AND RECRUITING .....

28,458
28,458

727,989

1,127,989
[400,000]
195,001
55,183
10,000
24,569
1,412,742

28,458
28,458

ADMIN & SRVWD ACTIVITIES

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134 STAT. 4496

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)

160

SERVICEWIDE TRANSPORTATION ..............................
SUBTOTAL ADMIN & SRVWD ACTIVITIES .....

61,400
61,400

61,400
61,400

TOTAL OPERATION & MAINTENANCE,
MARINE CORPS ...............................................

1,102,600

1,502,600

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
INTERMEDIATE MAINTENANCE .................................
AIRCRAFT DEPOT MAINTENANCE .............................
COMBAT SUPPORT FORCES .........................................
SUBTOTAL OPERATING FORCES .....................

522
11,861
9,109
21,492

522
11,861
9,109
21,492

TOTAL OPERATION & MAINTENANCE,
NAVY RES ..........................................................

21,492

21,492

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
OPERATING FORCES ......................................................
BASE OPERATING SUPPORT ........................................
SUBTOTAL OPERATING FORCES .....................

7,627
1,080
8,707

7,627
1,080
8,707

TOTAL OPERATION & MAINTENANCE, MC
RESERVE ............................................................

8,707

8,707

125,551
916,538

125,551
978,538

010
040

010
020

030
040
050
060
070
080
090
100
110

120
130

dkrause on LAP5T8D0R2PROD with PUBLAWS

140
150
160
170
180
190

06:40 Jan 20, 2022

Conference
Authorized

Item

020
030
080

VerDate Sep 11 2014

FY 2021
Request

Line

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OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
PRIMARY COMBAT FORCES .........................................
COMBAT ENHANCEMENT FORCES ............................
MQ–9 government owned-contractor operated combat line operations in U.S. Central Command ......
AIR OPERATIONS TRAINING (OJT, MAINTAIN
SKILLS) ...........................................................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ...
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .........................................................
CYBERSPACE SUSTAINMENT ......................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM
SUPPORT ........................................................................
FLYING HOUR PROGRAM ..............................................
BASE SUPPORT ................................................................
Program decrease ........................................................
GLOBAL C3I AND EARLY WARNING ...........................
OTHER COMBAT OPS SPT PROGRAMS .......................
Department requested transfer from SAG 44A ........
Insufficient justification ..............................................
Realignment from Base to OCO .................................
CYBERSPACE ACTIVITIES .............................................
TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES .................................................................................
LAUNCH FACILITIES ......................................................
SPACE CONTROL SYSTEMS ..........................................
US NORTHCOM/NORAD .................................................
US STRATCOM ..................................................................
US CYBERCOM .................................................................
US CENTCOM ...................................................................
Department requested transfer from line 42G .........
SUBTOTAL OPERATING FORCES .....................

PO 00283

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[62,000]
93,970
3,528,059

93,970
3,528,059

147,264
10,842

147,264
10,842

7,187,100
2,031,548
1,540,444
13,709
345,800

17,936
36,820
70
1,450
725
856
35,189
126,934
16,160,805

E:\PUBLAW\PUBL283.116

PUBL283

7,187,100
2,031,548
1,480,444
[–60,000]
13,709
549,379
[28,000]
[–20,000]
[195,579]
17,936
36,820
70
1,450
725
856
35,189
171,134
[44,200]
16,410,584

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4497

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

240
250

260
270
290
300
310
320

380
390
400
410
420
450
455

020
030
040
070
080

030
060

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020
030
050
060

VerDate Sep 11 2014

FY 2021
Request

Item

Conference
Authorized

MOBILIZATION
AIRLIFT OPERATIONS ....................................................
Realignment from Base to OCO .................................
MOBILIZATION PREPAREDNESS .................................
SUBTOTAL MOBILIZATION .................................

120,866
1,392,305

TRAINING AND RECRUITING
OFFICER ACQUISITION .................................................
RECRUIT TRAINING ........................................................
SPECIALIZED SKILL TRAINING ...................................
FLIGHT TRAINING ..........................................................
PROFESSIONAL DEVELOPMENT EDUCATION .........
TRAINING SUPPORT .......................................................
SUBTOTAL TRAINING AND RECRUITING .....

200
352
27,010
844
1,199
1,320
30,925

200
352
27,010
844
1,199
1,320
30,925

164,701
11,782
3,886
355
100,831

164,701
11,782
3,886
355
56,631
[–44,200]
1,928
[–28,000]
34,502
273,785

1,271,439

1,471,439
[200,000]
120,866
1,592,305

ADMIN & SRVWD ACTIVITIES
LOGISTICS OPERATIONS ...............................................
TECHNICAL SUPPORT ACTIVITIES ............................
ADMINISTRATION ...........................................................
SERVICEWIDE COMMUNICATIONS ............................
OTHER SERVICEWIDE ACTIVITIES ............................
Department requested transfer to line 15F ..............
INTERNATIONAL SUPPORT ..........................................
Department requested transfer to line 12C ..............
CLASSIFIED PROGRAMS ................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES .....

34,502
345,985

TOTAL OPERATION & MAINTENANCE,
AIR FORCE ........................................................

17,930,020

18,307,599

OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
GLOBAL C3I & EARLY WARNING ................................
SPACE LAUNCH OPERATIONS .....................................
SPACE OPERATIONS .......................................................
DEPOT MAINTENANCE ..................................................
CONTRACTOR LOGISTICS & SYSTEM SUPPORT .....
SUBTOTAL OPERATING FORCES .....................

227
321
15,135
18,268
43,164
77,115

227
321
15,135
18,268
43,164
77,115

TOTAL OPERATION & MAINTENANCE,
SPACE FORCE ..................................................

77,115

77,115

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
DEPOT PURCHASE EQUIPMENT MAINTENANCE ...
BASE SUPPORT ................................................................
SUBTOTAL OPERATING FORCES .....................

24,408
5,682
30,090

24,408
5,682
30,090

TOTAL OPERATION & MAINTENANCE, AF
RESERVE ............................................................

30,090

30,090

3,739
61,862

3,739
61,862

97,108
12,933
175,642

97,108
12,933
175,642

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
MISSION SUPPORT OPERATIONS ...............................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ...
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM
SUPPORT ........................................................................
BASE SUPPORT ................................................................
SUBTOTAL OPERATING FORCES .....................

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29,928

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134 STAT. 4498

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

FY 2021
Request

Item

TOTAL OPERATION & MAINTENANCE,
ANG ......................................................................

010
020
040
060
070
090
100

180
210
280
290
330
350
370

410
490
530
535

010

OPERATION AND MAINTENANCE, DEFENSEWIDE
OPERATING FORCES
JOINT CHIEFS OF STAFF ..............................................
JOINT CHIEFS OF STAFF—CE2T2 ...............................
SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES ..........................................
SPECIAL OPERATIONS COMMAND INTELLIGENCE
Program decrease ........................................................
SPECIAL OPERATIONS COMMAND MAINTENANCE
SPECIAL OPERATIONS COMMAND OPERATIONAL
SUPPORT ........................................................................
SPECIAL OPERATIONS COMMAND THEATER
FORCES ..........................................................................
Unjustified growth ......................................................
SUBTOTAL OPERATING FORCES .....................

Conference
Authorized

175,642

175,642

3,799
6,634

3,799
6,634

898,024
1,244,553
354,951

898,024
1,243,618
[–935]
354,951

104,535

104,535

757,744
3,370,240

752,744
[–5,000]
3,364,305

ADMIN & SRVWIDE ACTIVITIES
DEFENSE CONTRACT AUDIT AGENCY ......................
DEFENSE CONTRACT MANAGEMENT AGENCY ......
DEFENSE INFORMATION SYSTEMS AGENCY ..........
DEFENSE INFORMATION SYSTEMS AGENCY—
CYBER .............................................................................
DEFENSE LEGAL SERVICES AGENCY ........................
DEFENSE MEDIA ACTIVITY ..........................................
Stars and Stripes ........................................................
DEFENSE SECURITY COOPERATION AGENCY ........
Transfer from CTEF for 10 USC 333 Iraq security
cooperation activities ...............................................
Transfer to Ukraine Security Assistance ..................
DEFENSE THREAT REDUCTION AGENCY .................
OFFICE OF THE SECRETARY OF DEFENSE ..............
WASHINGTON HEADQUARTERS SERVICES .............
CLASSIFIED PROGRAMS ................................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES

1,557,763

3,524
156,373
9,555
[6,000]
1,630,263

297,486
16,984
1,997
535,106
2,652,014

[322,500]
[–250,000]
297,486
16,984
1,997
535,106
2,730,514

TOTAL OPERATION AND MAINTENANCE,
DEFENSE-WIDE ...............................................

6,022,254

6,094,819

1,247
21,723
56,256
3,524
156,373
3,555

UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE INITIATIVE .......
Transfer from Defense Security Cooperation Agency
SUBTOTAL UKRAINE SECURITY ASSISTANCE .......................................................................

250,000
[250,000]
250,000

TOTAL UKRAINE SECURITY ASSISTANCE
TOTAL OPERATION & MAINTENANCE .......

1,247
21,723
56,256

250,000
58,179,782

57,943,729

dkrause on LAP5T8D0R2PROD with PUBLAWS

TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

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PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4499

SEC. 4401. MILITARY PERSONNEL.
SEC. 4401. MILITARY PERSONNEL
(In Thousands of Dollars)
FY 2021
Request

Item

Military Personnel Appropriations ...............................................
Historical unobligated balances ...................................................
Foreign currency adjustments ......................................................
Medicare-Eligible Retiree Health Fund Contributions ..............

150,524,104

8,372,741

Conference
Authorized

149,185,852
–1,168,452
–169,800
8,372,741

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY
OPERATIONS.
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
FY 2021
Request

Item

Military Personnel Appropriations ...............................................

4,602,593

Conference
Authorized

4,602,593

TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
FY 2021
Request

Program Title

WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE .................................................
ARMY SUPPLY MANAGEMENT ................................................
TOTAL WORKING CAPITAL FUND, ARMY ................

32,551
24,166
56,717

32,551
24,166
56,717

WORKING CAPITAL FUND, AIR FORCE
WORKING CAPITAL FUND
WORKING CAPITAL FUND ........................................................
TOTAL WORKING CAPITAL FUND, AIR FORCE .....

95,712
95,712

95,712
95,712

WORKING CAPITAL FUND, DEFENSE-WIDE
WORKING CAPITAL FUND SUPPORT
WORKING CAPITAL FUND SUPPORT .....................................
TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ...................................................................................

49,821

49,821

49,821

49,821

WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT .....................................
TOTAL WORKING CAPITAL FUND, DECA ................

1,146,660
1,146,660

1,146,660
1,146,660

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NATIONAL DEFENSE SEALIFT FUND
SEALIFT RECAPITALIZATION ..................................................
Transfer from OMN–300 for acquisition of four used
sealift vessels ...............................................................
SHIP PREPOSITIONING AND SURGE .....................................
Transfer from OMN–290 ...............................................
TOTAL NATIONAL DEFENSE SEALIFT FUND ........
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION—O&M .........................................
CHEM DEMILITARIZATION—RDT&E .....................................

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120,000
[120,000]
314,193
[314,193]
434,193

106,691
782,193

106,691
782,193

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4500

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
FY 2021
Request

Program Title

CHEM DEMILITARIZATION—PROC ........................................
TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ...................................................................................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT ...........................................
PDI: Joint Interagency Task Force—West Project
3309 ..............................................................................
PDI: Joint Interagency Task Force—West Project
9202 ..............................................................................
DRUG DEMAND REDUCTION PROGRAM ..............................
NATIONAL GUARD COUNTER-DRUG PROGRAM .................
NATIONAL GUARD COUNTER-DRUG SCHOOLS ..................
TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .................................................................

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OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL ................................
OFFICE OF THE INSPECTOR GENERAL—CYBER
OFFICE OF THE INSPECTOR GENERAL—CYBER ...............
OFFICE OF THE INSPECTOR GENERAL—RDTE ..................
OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT .........................................................................................
TOTAL OFFICE OF THE INSPECTOR GENERAL ....
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE ..........................................................................
Equipment purchases excess growth ............................
Medical reform implementation—excess funding to
replace military medical end strength .......................
Reverse DWR savings from downsizing MTFs ............
PRIVATE SECTOR CARE ............................................................
Program decrease ...........................................................
CONSOLIDATED HEALTH SUPPORT ......................................
Historical underexecution .............................................
INFORMATION MANAGEMENT ...............................................
MANAGEMENT ACTIVITIES .....................................................
EDUCATION AND TRAINING ...................................................
Health Professions Scholarship Program .....................
Reverse DWR cuts to USUHS ......................................
BASE OPERATIONS/COMMUNICATIONS ...............................
R&D RESEARCH ..........................................................................
Pancreatic cancer research ............................................
R&D EXPLORATRY DEVELOPMENT .......................................
R&D ADVANCED DEVELOPMENT ...........................................
R&D DEMONSTRATION/VALIDATION ....................................
R&D ENGINEERING DEVELOPMENT ....................................
R&D MANAGEMENT AND SUPPORT ......................................
R&D CAPABILITIES ENHANCEMENT ....................................
PROC INITIAL OUTFITTING .....................................................
PROC REPLACEMENT & MODERNIZATION .........................
PROC MILITARY HEALTH SYSTEM—DESKTOP TO
DATACENTER ...........................................................................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION .............................................................................
Excess to need ................................................................
SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS
UNDISTRIBUTED ........................................................................
Foreign Currency adjustments .....................................

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Authorized

616

616

889,500

889,500

546,203

562,003
[13,000]

123,704
94,211
5,511

[2,800]
123,704
94,211
5,511

769,629

785,429

368,279

368,279

1,204
1,098

1,204
1,098

858
371,439

858
371,439

9,560,564

15,841,887
1,338,269
2,039,910
330,627
315,691

1,922,605
8,913
73,984
225,602
132,331
55,748
48,672
17,215
22,932
215,618

9,271,064
[–29,500]
[–296,000]
[36,000]
15,826,887
[–15,000]
1,314,169
[–24,100]
2,039,910
330,627
331,691
[6,000]
[10,000]
1,922,605
13,913
[5,000]
73,984
225,602
132,331
55,748
48,672
17,215
22,932
215,618

70,872

70,872

308,504

245,854
[–62,650]
160,428
200
[–9,800]

160,428

E:\PUBLAW\PUBL283.116

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4501

SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
FY 2021
Request

Program Title

Conference
Authorized

Triple negative breast cancer ........................................
TOTAL DEFENSE HEALTH PROGRAM ......................

32,690,372

[10,000]
32,320,322

TOTAL OTHER AUTHORIZATIONS .............................

36,069,850

36,149,793

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
FY 2021
Request

Program Title

Conference
Authorized

WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE
ARMY SUPPLY MANAGEMENT ................................................
TOTAL WORKING CAPITAL FUND, ARMY ................

20,090
20,090

20,090
20,090

OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL ................................
TOTAL OFFICE OF THE INSPECTOR GENERAL ....

24,069
24,069

24,069
24,069

DEFENSE HEALTH PROGRAM
IN-HOUSE CARE ..........................................................................
PRIVATE SECTOR CARE ............................................................
CONSOLIDATED HEALTH SUPPORT ......................................
TOTAL DEFENSE HEALTH PROGRAM ......................

65,072
296,828
3,198
365,098

65,072
296,828
3,198
365,098

409,257

409,257

TOTAL OTHER AUTHORIZATIONS .............................

TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
SEC. 4601. MILITARY CONSTRUCTION.
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

Military Construction,
Army
Military Construction,
Army
Military Construction,
Army

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction,
Army
Military Construction,
Army

State/Country and
Installation
Alaska
Fort Wainwright

Fort Wainwright

Arizona
Yuma Proving
Ground
California
Military Ocean
Terminal Concord
Colorado
Fort Carson, Colorado

FY 2021
Request

Project Title

Conference
Authorized

Child Development Center .......................

0

55,000

Unaccompanied
Housing.

Personnel

0

59,000

Ready Building ..........................................

14,000

14,000

Ammunition Holding Facility ..................

0

46,000

Physical Fitness Facility ..........................

28,000

28,000

Enlisted

Florida

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PUBL283

134 STAT. 4502

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account

FY 2021
Request

Conference
Authorized
0

8,000

Forensic Laboratory ..................................

71,000

71,000

Adv Individual Training Barracks Cplx,
Ph3.

80,000

80,000

Child Development Center—School Age

0

65,000

Schofield Barracks

Child Development Center .......................

0

39,000

Wheeler Army Air
Field

Aircraft Maintenance Hangar ..................

89,000

89,000

Italy
Casmera Renato
DAL Din

Access Control Point .................................

0

10,200

Louisiana
Fort Polk, Louisiana

Information Systems Facility ...................

25,000

25,000

Oklahoma
McAlester AAP

Ammunition Demolition Shop .................

35,000

35,000

Pennsylvania
Carlisle Barracks

General Instruction Building, Incr2 ........

38,000

25,540

South Carolina
Fort Jackson

Trainee Barracks Complex 3, Ph2 ...........

0

7,000

Training Support Facility .........................

51,000

51,000

Host Nation Support .................................

39,000

39,000

Planning and Design ................................

129,436

64,436

Unspecified Minor Construction ..............

50,900

68,900

Military Construction, Army TOTAL ................................................................

650,336

880,076

Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army
Military Construction,
Army

Military Construction,
Army
Military Construction,
Army
Military Construction,
Army

Military Construction,
Navy
Military Construction,
Navy

Jiatf-S Operations
Center

Project Title
Planning and Design ................................

Military Construction,
Army

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State/Country and
Installation

Georgia
Fort Gillem

Fort Gordon

Hawaii
Fort Shafter

Virginia
Humphreys Engineer Center
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Arizona
Yuma

Bachelor Enlisted Quarters Replacement

0

0

Bahrain Island
SW Asia

Ship to Shore Utility Services .................

68,340

68,340

California

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4503

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy

VerDate Sep 11 2014

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State/Country and
Installation

Project Title

Camp Pendleton

Combat Water Survival Training Faciity

0

25,200

Camp Pendleton

Warehouse Consolidation
ernization.

Mod-

0

21,800

Camp Pendleton,
California

1st MARDIV Operations Complex ...........

68,530

68,530

Camp Pendleton,
California

I MEF Consolidated Information Center
(Inc).

37,000

37,000

Lemoore

F–35C Hangar 6 Phase 2 (Mod 3/4) ........

128,070

53,000

Lemoore

F–35C Simulator Facility & Electrical
Upgrade.

59,150

59,150

Point Mugu

Directed Energy Test Facility ..................

0

26,700

Port Hueneme

Combat Vehicle Maintenance Facilities ..

0

43,500

San Diego

Pier 6 Replacement ...................................

128,500

63,500

Seal Beach

Magazines ..................................................

0

46,800

Twentynine
Palms, California
El Salvador
Comolapa

Wastewater Treatment Plant ..................

76,500

76,500

Long Range Maritime Patrol Aircraft
Hangar and Ramp.

0

28,000

Greece
Souda Bay

Communication Center .............................

50,180

50,180

Guam
Andersen AFB

Ordnance Operations Admin ...................

21,280

21,280

Joint Region Marianas

Bachelor Enlisted Quarters H (Inc) ........

80,000

68,649

Joint Region Marianas

Base Warehouse ........................................

55,410

55,410

Joint Region Marianas

Central Fuel Station .................................

35,950

35,950

Joint Region Marianas

Central Issue Facility ...............................

45,290

45,290

Joint Region Marianas

Combined EOD Facility ............................

37,600

37,600

Joint Region Marianas

DAR Bridge Improvements ......................

40,180

40,180

Joint Region Marianas

DAR Road Strengthening .........................

70,760

70,760

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134 STAT. 4504

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy

Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy
Military Construction,
Navy

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State/Country and
Installation

Project Title

FY 2021
Request

Conference
Authorized

Joint Region Marianas

Distribution Warehouse ...........................

77,930

77,930

Joint Region Marianas

Individual Combat Skills Training ..........

17,430

17,430

Joint Region Marianas

Joint Communication Upgrade ................

166,000

22,000

Hawaii
Joint Base Pearl
Harbor-Hickam

Waterfront Improve, Wharves S1,S11–
13,S20–21.

48,990

48,990

Joint Base Pearl
Harbor-Hickam

Waterfront Improvements Wharves S8–
S10.

65,910

65,910

Pier 5 (Berths 2 and 3) (Inc) ....................

74,692

74,692

Multi-Mission Drydock #1 Exten., Ph 1
(Inc).

160,000

160,000

Perimeter Security ....................................

0

26,100

Range Training Complex, Phase 1 ..........

29,040

29,040

II MEF Operations Center Replacement
(Inc).

20,000

20,000

Fitness Center Replacement and Training Pool.

0

51,900

Spain
Rota

MH–60r Squadron Support Facilities .....

60,110

60,110

Virginia
Norfolk

E–2D Training Facility .............................

30,400

30,400

Norfolk

MH60 & CMV–22B Corrosion Control &
Paint Fac.

17,671

17,671

Norfolk

Sub Logistics Support ...............................

0

9,400

Planning & Design ....................................

165,710

160,710

Pdi: Planning & Design—Indo-Pacific
Command Posture Initiatives.

0

7,500

Siop Planning & Design ...........................

0

45,000

Unspecified Minor Construction ..............

38,983

38,983

Japan
Yokosuka

Maine
Kittery

Nctams Lant Detachment Center
Nevada
Fallon

North Carolina
Camp Lejeune,
North Carolina
Cherry Point

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4505

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

FY 2021
Request

Project Title

Military Construction, Navy TOTAL .................................................................

Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force

VerDate Sep 11 2014

06:40 Jan 20, 2022

Conference
Authorized

1,975,606

2,007,085

Laboratory

0

40,000

Consolidated Space Operations Facility,
Inc 2.

88,000

88,000

Cadet Prepatory School Dormitory ..........

0

0

Advanced Munitions Technology Complex.

0

35,000

Stand Off Weapons Complex, MSA 2 ......

56,000

56,000

Add/Alter Consolidated Communications
Facility.

0

0

Airfield Development Phase 1, Inc 2 .......

20,000

39,500

Tinian

Fuel Tanks With Pipeline & Hydrant
Sys, Inc 2.

7,000

0

Tinian

Parking Apron, Inc 2 ................................

15,000

21,500

Consolidated Communications Center ....

0

13,000

Weapons Storage & Maintenance Facility, Inc 2.

25,000

0

Munitions Storage Area ...........................

22,000

22,000

Cargo Marshalling Yard ...........................

26,000

26,000

B–21 2–Bay LO Restoration Facility ......

0

10,000

BMT Recruit Dormitory 8, Inc 2 .............

36,000

36,000

T-X ADAL Ground Based Trng Sys Sim

19,500

19,500

GBSD Mission Integration Facility, Inc 2

68,000

68,000

California
Edwards AFB

Colorado
Schriever AFB

U.S. Air Force
Academy
Florida
Eglin

Guam
Joint Region Marianas
Illinois
Scott

Mariana Islands
Tinian

Maryland
Joint Base Andrews
Montana
Malmstrom AFB

New Jersey
Joint Base
McGuire-DixLakehurst
Qatar
Al Udeid, Qatar

South Dakota
Ellsworth AFB

Texas
Joint Base San
Antonio
Joint Base San
Antonio
Utah
Hill AFB

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134 STAT. 4506

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account

18,800

Access Control Point Main Gate With
Land Acq.

19,500

19,500

Cost to Complete .......................................

0

0

Planning & Design ....................................

296,532

116,532

Pdi: Planning & Design—Indo-Pacific
Command Posture Initiatives.

0

7,500

Unspecified Minor Construction ..............

68,600

68,600

Weapons Storage Facility .........................

0

12,000

Military Construction, Air Force TOTAL ..........................................................

767,132

717,432

Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force
Military Construction, Air
Force

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

06:40 Jan 20, 2022

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Authorized
0

Military Construction, Air
Force

PO 00283

Hill AFB

FY 2021
Request

Project Title
GBSD Organic Software Sustainment
Center.

Military Construction, Air
Force

VerDate Sep 11 2014

State/Country and
Installation

Virginia
Joint Base Langley-Eustis
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Wyoming
Fe Warren

Alabama
Anniston Army
Depot

Demilitarization Facility ..........................

18,000

18,000

Fort Rucker

Construct 10mw Generation & Microgrid

0

24,000

Alaska
Fort Greely

Communications Center ...........................

48,000

48,000

Arizona
Fort Huachuca

Laboratory Building ..................................

33,728

33,728

SOF Hangar ..............................................

49,500

49,500

Arkansas
Fort Smith ANG

PV Arrays and Battery Storage ...............

0

2,600

California
Beale AFB

Bulk Fuel Tank .........................................

22,800

22,800

Install 10 Mw Battery Energy Storage
for Various Buildings.

11,646

11,646

Military Ocean
Microrid.

Concord

29,000

29,000

Solar Energy Storage System ..................

0

0

Cogeneration Plant at B236 .....................

10,540

0

Yuma

Marine Corps Air
Combat Center
/ Twenty Nine
Palms
Military Ocean
Terminal Concord
NAWS China
Lake
NSA Monterey

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PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4507

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

State/Country and
Installation

Project Title

FY 2021
Request

Colorado
Fort Carson, Colorado

SOF Tactical Equipment Maintenance
Facility.

Conus Unspecified
Conus Unspecified Training Target Structure .......................

Conference
Authorized

15,600

15,600

14,400

14,400

District of Columbia
Joint Base Anacostia Bolling

Dia HQ Cooling Towersand Cond Pumps

0

1,963

Joint Base Anacostia Bolling

Industrial Controls System Modernization.

10,343

10,343

Joint Base Anacostia Bolling

Industrial Controls System Modernization.

0

8,749

Joint Base Anacostia Bolling

PV Carports ...............................................

0

25,221

SOF Combat Aircraft Parking ApronNorth.

38,310

38,310

SOF Special Tactics Ops Facility (23
STS).

44,810

44,810

&

0

17,000

Medical Center Replacement Inc 9 .........

200,000

82,433

Smart Grid ................................................

3,490

3,490

Fuel Wharf ................................................

49,500

49,500

Yokosuka

Kinnick High School Inc ...........................

30,000

0

Kentucky
Fort Knox

Van Voorhis Elementary School ..............

69,310

69,310

MEDCEN Addition/Alteration Incr 4 ......

180,000

50,000

Fort Meade

NSAW Recapitalize Building #3 Inc .......

250,000

250,000

NSA Bethesda

Nsab–16 Replace Chillers 3 Through 9 ..

0

0

NSA South Potomac

CBIRF / IHEODTD / Housing Potable
Water.

18,460

18,460

Florida
Hurlburt Field

Hurlburt Field

Georgia
Fort Benning

Germany
Rhine Ordnance
Barracks
Italy
NSA Naples

Japan
Def Fuel Support
Point Tsurumi

Maryland
Bethesda Naval
Hospital

Construct
4.8mw
Microgrid.

Generation

Mississippi

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PUBL283

134 STAT. 4508

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

State/Country and
Installation
Camp Shelby

FY 2021
Request

Project Title
&

0

30,000

Hospital Replacement Inc 3 .....................

40,000

40,000

St Louis

Next NGA West (N2W) Complex Phase
2 Inc.

119,000

60,000

Whiteman AFB

Install 10 Mw Combined Heat and
Power Plant.

17,310

17,310

Nevada
Creech AFB

Central Standby Generators ....................

32,000

32,000

New Mexico
Kirtland AFB

Administrative Building ...........................

46,600

46,600

North Carolina
Fort Bragg

SOF Group Headquarters ........................

53,100

53,100

Fort Bragg

SOF Military Working Dog Facility ........

17,700

17,700

Fort Bragg

SOF Operations Facility ...........................

43,000

43,000

Fort Bragg

Sotf Chilled Water Upgrade .....................

0

6,100

Construct Intelligence Facility Central
Utility Plant.

0

35,000

Hydrant Fuel System ...............................

23,500

23,500

Tennessee
Memphis ANG

PV Arrays and Battery Storage ...............

0

4,780

Texas
Fort Hood, Texas

Fuel Facilities ............................................

32,700

32,700

SOF Dcs Operations Fac. and Command
Center.

54,500

54,500

SOF NSWG–2 Nswtg Css Facilities ........

58,000

58,000

Retro Air Handling Units From Constant Volume Reheat to Variable Air
Volume.
Generation and Distribution Resiliency
Improvements.

611

611

9,100

9,100

Missouri
Fort Leonard
Wood

Ohio
Wright-Patterson
AFB
Wright-Patterson
AFB

Virginia
Joint Expeditionary Base
Little Creek—
Story
Joint Expeditionary Base
Little Creek—
Story
Nmc Portsmouth

Wallops Island

Construct 10 Mw
Microgrid System.

Generation

Conference
Authorized

Washington

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4509

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

Conference
Authorized

Fuel Facilities (Lewis Main) ....................

10,900

10,900

Joint Base LewisMcChord

Fuel Facilities (Lewis North) ...................

10,900

10,900

Manchester

Bulk Fuel Storage Tanks Phase 1 ...........

82,000

82,000

ERCIP Design ...........................................

14,250

39,790

Exercise Related Minor Construction .....

5,840

5,840

Planning & Design—Indo-Pacific Command Posture Initiatives.

0

0

Planning & Design—Military Installation Resiliency.

0

25,000

Planning and Design ................................

27,746

27,746

Planning and Design ................................

10,303

10,303

Planning and Design ................................

10,647

10,647

Unspecified Minor Construction ..............

4,922

4,922

Unspecified Minor Construction ..............

20,000

20,000

Unspecified Minor Construction ..............

3,000

3,000

Unspecified Minor Construction ..............

17,698

17,698

Unspecified Minor Construction ..............

8,000

8,000

Planning and Design ................................

64,406

64,406

Various Worldwide Locations

Planning and Design ................................

32,624

32,624

Various Worldwide Locations

Unspecified Minor Construction ..............

9,726

9,726

Military Construction, Defense-Wide TOTAL ...................................................

2,027,520

1,886,366

NATO Security Investment Program ......

173,030

173,030

NATO Security Investment Program TOTAL ...................................................

173,030

173,030

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

NATO Security
Investment
Program
dkrause on LAP5T8D0R2PROD with PUBLAWS

FY 2021
Request

Project Title

Joint Base LewisMcChord

Military Construction, Defense-Wide
Military Construction, Defense-Wide
Military Construction, Defense-Wide

VerDate Sep 11 2014

State/Country and
Installation

06:40 Jan 20, 2022

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Various Worldwide Locations

Worldwide Unspecified
NATO Security
Investment Program

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PUBL283

134 STAT. 4510

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account

Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard

dkrause on LAP5T8D0R2PROD with PUBLAWS

Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard

State/Country and
Installation

Project Title

FY 2021
Request

Conference
Authorized

Arizona
Tucson

National Guard Readiness Center ..........

18,100

18,100

Arkansas
Fort Chaffee

National Guard Readiness Center ..........

0

15,000

National Guard Vehicle Maintenance
Shop.

0

9,300

National Guard Readiness Center ..........

15,000

15,000

National Guard/Reserve Center Building
Add/Al.

12,000

12,000

National Guard/Reserve Center Building

15,000

15,000

National Guard Vehicle Maintenance
Shop.

10,400

10,400

National Guard Vehicle Maintenance
Shop.

9,300

9,300

National Guard Readiness Center ..........

15,000

15,000

National Guard Readiness Center ..........

15,000

15,000

National Guard Vehicle Maintenance
Shop.

0

9,800

Oregon
Hermiston

Enlisted Barracks, Transient Training ...

9,300

9,300

Hermiston

Enlisted Barracks, Transient Training ...

0

15,735

California
Bakersfield

Colorado
Peterson AFB

Indiana
Shelbyville

Kentucky
Frankfort

Mississippi
Brandon

Nebraska
North Platte

New Jersey
Joint Base
McGuire-DixLakehurst
Ohio
Columbus

Oklahoma
Ardmore

Puerto Rico

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4511

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

FY 2021
Request

Project Title

Conference
Authorized

Fort Allen

National Guard Readiness Center ..........

37,000

37,000

South Carolina
Joint Base
Charleston

National Guard Readiness Center ..........

15,000

15,000

National Guard Readiness Center ..........

11,200

11,200

Aircraft Maintenance Hangar Addition/
Alt.

6,000

6,000

National Guard Vehicle Maintenance
Shop.

7,800

7,800

Utah
Nephi

National Guard Readiness Center ..........

12,000

12,000

Virgin Islands
St. Croix

Army Aviation Support Facility (Aasf) ...

28,000

28,000

St. Croix

CST Ready Building .................................

11,400

11,400

National Guard Readiness Center Add/
Alt.

11,600

11,600

Planning and Design ................................

29,593

29,593

Unspecified Minor Construction ..............

32,744

32,744

Military Construction, Army National Guard TOTAL .....................................

321,437

371,272

ECS TEMF/Warehouse .............................

36,000

36,000

Automated Multipurpose Machine Gun
Range.

8,700

8,700

Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard
Military Construction,
Army National Guard

Military Construction,
Army National Guard
Military Construction,
Army National Guard

Military Construction,
Army Reserve

dkrause on LAP5T8D0R2PROD with PUBLAWS

State/Country and
Installation

Military Construction,
Army Reserve

Tennessee
Mcminnville

Texas
Fort Worth

Fort Worth

Wisconsin
Appleton

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Florida
Gainesville

Massachusetts
Devens Reserve
Forces Training
Area
North Carolina

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PUBL283

134 STAT. 4512

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account

FY 2021
Request

Project Title

Conference
Authorized

Asheville

Army Reserve Center/Land ......................

24,000

24,000

Wisconsin
Fort McCoy

Scout Reconnaissance Range ...................

14,600

14,600

Fort McCoy

Transient Trainee Barracks .....................

0

2,500

Planning and Design ................................

1,218

1,218

Unspecified Minor Construction ..............

3,819

3,819

Military Construction, Army Reserve TOTAL ..................................................

88,337

90,837

Camp

39,500

39,500

Minnesota
Minneapolis

Joint Reserve Intel Center .......................

0

12,800

Utah
Hill AFB

Naval Operational Support Center .........

25,010

25,010

MCNR Minor Construction ......................

3,000

3,000

MCNR Planning & Design .......................

3,485

3,485

Military Construction, Naval Reserve TOTAL .................................................

70,995

83,795

Base Supply Complex ...............................

0

12,000

F–35 Simulator Facility ...........................

11,600

11,600

Military Construction,
Army Reserve
Military Construction,
Army Reserve
Military Construction,
Army Reserve

Military Construction,
Army Reserve
Military Construction,
Army Reserve

Military Construction,
Naval Reserve
Military Construction,
Naval Reserve
Military Construction,
Naval Reserve

Military Construction,
Naval Reserve
Military Construction,
Naval Reserve

dkrause on LAP5T8D0R2PROD with PUBLAWS

State/Country and
Installation

Military Construction, Air
National
Guard
Military Construction, Air
National
Guard

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Maryland
Reisterstown

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Alabama
Montgomery Regional Airport
(ANG) Base
Montgomery Regional Airport
(ANG) Base

Reserve
Training
Fretterd, MD.

Center,

Guam

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4513

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

20,000

Maryland
Joint Base Andrews

F–16 Mission Training Center .................

9,400

9,400

South Dakota
Hector International Airport

Consolidated RPA Operations Facility ....

0

17,500

Texas
Joint Base San
Antonio

F–16 Mission Training Center .................

10,800

10,800

Worldwide Unspecified
Unspecified
Worldwide Locations

Unspecified Minor Construction ..............

9,000

9,000

Planning and Design ................................

3,414

3,414

Military Construction, Air National Guard TOTAL .........................................

64,214

93,714

Mainte-

0

25,000

F–35A Simulator Facility .........................

14,200

14,200

Planning & Design ....................................

3,270

3,270

Unspecified Minor Construction ..............

5,647

5,647

Military Construction, Air Force Reserve TOTAL ............................................

23,117

48,117

Family Housing New Construction .........

84,100

84,100

Family Housing Replacement Construction.

32,000

32,000

Family Housing P & D .............................

3,300

3,300

Family Housing Construction, Army TOTAL ...................................................

119,400

119,400

Military Construction, Air
National
Guard
Military Construction, Air
National
Guard

Military Construction, Air
National
Guard
Military Construction, Air
National
Guard

Military Construction, Air
Force Reserve
Military Construction, Air
Force Reserve

Military Construction, Air
Force Reserve
Military Construction, Air
Force Reserve

Family Housing
Construction,
Army
Family Housing
Construction,
Army

Family Housing
Construction,
Army
dkrause on LAP5T8D0R2PROD with PUBLAWS

Conference
Authorized

20,000

Military Construction, Air
National
Guard

06:40 Jan 20, 2022

Joint Region Marianas

FY 2021
Request

Project Title
Space Control Facility #5 .........................

Military Construction, Air
National
Guard

VerDate Sep 11 2014

State/Country and
Installation

Various Worldwide Locations

Texas
Fort Worth

Fort Worth

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Italy
Vicenza

Kwajalein
Kwajalein Atoll

Worldwide Unspecified
Unspecified
Worldwide Locations

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PUBL283

134 STAT. 4514

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)

Account

dkrause on LAP5T8D0R2PROD with PUBLAWS

Conference
Authorized

18,004

Unspecified
Worldwide Locations

Housing Privitization Support .................

37,948

63,948

Unspecified
Worldwide Locations

Leasing .......................................................

123,841

123,841

Unspecified
Worldwide Locations

Maintenance ..............................................

97,789

97,789

Unspecified
Worldwide Locations

Management ..............................................

39,716

39,716

Unspecified
Worldwide Locations

Miscellaneous ............................................

526

526

Unspecified
Worldwide Locations

Services ......................................................

8,135

8,135

Unspecified
Worldwide Locations

Utilities ......................................................

41,183

41,183

Family Housing Operation And Maintenance, Army TOTAL .........................

367,142

393,142

Construction Improvements .....................

37,043

37,043

Unspecified
Worldwide Locations

Planning & Design ....................................

3,128

3,128

Unspecified
Worldwide Locations

USMC DPRI/Guam Planning and Design.

2,726

2,726

Family Housing Construction, Navy And Marine Corps TOTAL ...................

42,897

42,897

17,977

17,977

Family Housing
Operation
And Maintenance, Navy
And Marine
Corps

Jkt 019139

FY 2021
Request

18,004

Family Housing
Construction,
Navy And
Marine Corps
Family Housing
Construction,
Navy And
Marine Corps
Family Housing
Construction,
Navy And
Marine Corps

06:40 Jan 20, 2022

Worldwide Unspecified
Unspecified
Worldwide Locations

Project Title

Furnishings ...............................................

Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army
Family Housing
Operation
And Maintenance, Army

VerDate Sep 11 2014

State/Country and
Installation

PO 00283

Worldwide Unspecified
Unspecified
Worldwide Locations

Worldwide Unspecified
Unspecified
Worldwide Locations

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Furnishings ...............................................

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4515

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

Family Housing
Operation
And Maintenance, Navy
And Marine
Corps
Family Housing
Operation
And Maintenance, Navy
And Marine
Corps
Family Housing
Operation
And Maintenance, Navy
And Marine
Corps
Family Housing
Operation
And Maintenance, Navy
And Marine
Corps
Family Housing
Operation
And Maintenance, Navy
And Marine
Corps
Family Housing
Operation
And Maintenance, Navy
And Marine
Corps
Family Housing
Operation
And Maintenance, Navy
And Marine
Corps

Unspecified
Worldwide Locations

Housing Privatization Support ................

53,700

78,700

Unspecified
Worldwide Locations

Leasing .......................................................

62,658

62,658

Unspecified
Worldwide Locations

Maintenance ..............................................

85,630

85,630

Unspecified
Worldwide Locations

Management ..............................................

51,006

51,006

Unspecified
Worldwide Locations

Miscellaneous ............................................

350

350

Unspecified
Worldwide Locations

Services ......................................................

16,743

16,743

Unspecified
Worldwide Locations

Utilities ......................................................

58,429

58,429

Family Housing Operation And Maintenance, Navy And Marine Corps
TOTAL.

346,493

371,493

Construction Improvements .....................

94,245

94,245

Planning & Design ....................................

2,969

2,969

Family Housing Construction, Air Force TOTAL .............................................

97,214

97,214

25,805

25,805

dkrause on LAP5T8D0R2PROD with PUBLAWS

Family Housing
Construction,
Air Force
Family Housing
Construction,
Air Force

Family Housing
Operation
And Maintenance, Air
Force

VerDate Sep 11 2014

06:40 Jan 20, 2022

Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Worldwide Unspecified
Unspecified
Worldwide Locations

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FY 2021
Request

Furnishings ...............................................

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Authorized

E:\PUBLAW\PUBL283.116

PUBL283

134 STAT. 4516

PUBLIC LAW 116–283—JAN. 1, 2021

dkrause on LAP5T8D0R2PROD with PUBLAWS

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

Family Housing
Operation
And Maintenance, Air
Force
Family Housing
Operation
And Maintenance, Air
Force
Family Housing
Operation
And Maintenance, Air
Force
Family Housing
Operation
And Maintenance, Air
Force
Family Housing
Operation
And Maintenance, Air
Force
Family Housing
Operation
And Maintenance, Air
Force
Family Housing
Operation
And Maintenance, Air
Force

Unspecified
Worldwide Locations

Housing Privatization ...............................

23,175

32,175

Unspecified
Worldwide Locations

Leasing .......................................................

9,318

9,318

Unspecified
Worldwide Locations

Maintenance ..............................................

140,666

140,666

Unspecified
Worldwide Locations

Management ..............................................

64,732

64,732

Unspecified
Worldwide Locations

Miscellaneous ............................................

2,184

2,184

Unspecified
Worldwide Locations

Services ......................................................

7,968

7,968

Unspecified
Worldwide Locations

Utilities ......................................................

43,173

43,173

Family Housing Operation And Maintenance, Air Force TOTAL ...................

317,021

326,021

Furnishings ...............................................

645

645

Unspecified
Worldwide Locations

Furnishings ...............................................

82

82

Unspecified
Worldwide Locations

Leasing .......................................................

36,860

36,860

Unspecified
Worldwide Locations

Leasing .......................................................

12,996

12,996

Unspecified
Worldwide Locations

Maintenance ..............................................

32

32

Family Housing
Operation
And Maintenance, Defense-Wide
Family Housing
Operation
And Maintenance, Defense-Wide
Family Housing
Operation
And Maintenance, Defense-Wide
Family Housing
Operation
And Maintenance, Defense-Wide
Family Housing
Operation
And Maintenance, Defense-Wide

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Worldwide Unspecified
Unspecified
Worldwide Locations

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FY 2021
Request

PUBL283

Conference
Authorized

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4517

SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

Family Housing
Operation
And Maintenance, Defense-Wide
Family Housing
Operation
And Maintenance, Defense-Wide

Unspecified
Worldwide Locations

Utilities ......................................................

13

13

Unspecified
Worldwide Locations

Utilities ......................................................

4,100

4,100

Family Housing Operation And Maintenance, Defense-Wide TOTAL ...........

54,728

54,728

Administrative Expenses—FHIF .............

5,897

5,897

DOD Family Housing Improvement Fund TOTAL ..........................................

5,897

5,897

Administrative Expenses—UHIF ............

600

600

Unaccompanied Housing Improvement Fund TOTAL .....................................

600

600

Base Realignment and Closure ................

66,060

66,060

Unspecified
Worldwide Locations

Base Realignment & Closure ...................

125,165

125,165

Unspecified
Worldwide Locations

Dod BRAC Activities—Air Force .............

109,222

109,222

Base Realignment and Closure TOTAL ............................................................

300,447

300,447

DOD Family
Housing Improvement
Fund

Unaccompanied
Housing Improvement
Fund

Base Realignment and
Closure—
Army
Base Realignment and
Closure—
Navy
Base Realignment and
Closure—Air
Force

Worldwide Unspecified
Unspecified
Worldwide Locations

Worldwide Unspecified
Unspecified
Worldwide Locations

Worldwide Unspecified
Base Realignment
& Closure,
Army

FY 2021
Request

Conference
Authorized

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Service

Army

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Army

Navy
Navy

VerDate Sep 11 2014

State/Country and Installation
Worldwide Unspecified
Unspecified Worldwide Locations
Unspecified Worldwide Locations
Spain
Rota
Rota
Worldwide Unspecified

06:40 Jan 20, 2022

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Request

Project

Conference
Authorized

EDI: Minor Construction ...............................

3,970

3,970

EDI: Planning and Design .............................

11,903

11,903

EDI: EOD Boat Shop ......................................
EDI: Expeditionary Maintenance Facility ....

31,760
27,470

31,760
27,470

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134 STAT. 4518

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)

Service

State/Country and Installation

Navy

Unspecified Worldwide Locations
Germany
Ramstein
Spangdahlem AB
Romania
Campia Turzii
Campia Turzii
Campia Turzii
Campia Turzii
Worldwide Unspecified
Unspecified Worldwide Locations
Various Worldwide
Locations

AF
AF
AF
AF
AF
AF
AF
AF

FY 2021
Request

Project

Conference
Authorized

Planning & Design .........................................

10,790

10,790

EDI: Rapid Airfield Damage Repair Storage
EDI: Rapid Airfield Damage Repair Storage

36,345
25,824

36,345
25,824

EDI:
EDI:
EDI:
EDI:

Dangerous Cargo Pad ............................
ECAOS DABS-FEV Storage Complex ..
Parking Apron .......................................
POL Increase Capacity .........................

11,000
68,000
19,500
32,000

11,000
68,000
19,500
32,000

EDI: Unspecified Minor Military Construction.
EDI: Planning & Design ................................

16,400

16,400

54,800

54,800

TITLE XLVII—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2021
Request

dkrause on LAP5T8D0R2PROD with PUBLAWS

Program

VerDate Sep 11 2014

06:40 Jan 20, 2022

Conference
Authorized

Discretionary Summary By Appropriation
Energy And Water Development, And Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy ..............................................................

137,800

137,800

Atomic Energy Defense Activities
National nuclear security administration:
Weapons activities ..................................................
Defense nuclear nonproliferation ..........................
Naval reactors .........................................................
Federal salaries and expenses ...............................
Total, National nuclear security administration

15,602,000
2,031,000
1,684,000
454,000
19,771,000

15,550,428
2,041,000
1,684,000
454,000
19,729,428

Environmental and other defense activities:
Defense environmental cleanup .............................
Other defense activities ..........................................
Total, Environmental & other defense activities
Total, Atomic Energy Defense Activities .....................
Total, Discretionary Funding .......................................................

4,983,608
1,054,727
6,038,335
25,809,335
25,947,135

5,815,767
901,048
6,716,815
26,446,243
26,584,043

Nuclear Energy
Idaho sitewide safeguards and security .....................................
Total, Nuclear Energy .....................................................................

137,800
137,800

137,800
137,800

Stockpile Management
Stockpile Major Modernization
B61–12 Life extension program ....................................
W76–2 Modification program ........................................
W88 Alt 370 ....................................................................
W80–4 Life extension program .....................................
W87–1 Modification Program .......................................

815,710
0
256,922
1,000,314
541,000

815,710
0
256,922
1,000,314
541,000

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4519

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2021
Request

Program

W93 .................................................................................
Total, Stockpile Major Modernization .........................

53,000
2,666,946

53,000
2,666,946

Stockpile services
Production Operations ............................................
Stockpile Sustainment ............................................
Weapons Dismantlement and Disposition ............
Subtotal, Stockpile Services ....................................
Total, Stockpile Management ................................................

568,941
998,357
50,000
1,617,298
4,284,244

568,941
998,357
50,000
1,617,298
4,284,244

610,599

610,599

226,000

226,000

836,599

836,599

200,000

200,000

241,896

241,896

441,896
90,782
1,369,277
67,370
1,436,647
457,004
457,112
107,137
2,457,900

441,896
90,782
1,369,277
67,370
1,436,647
457,004
457,112
107,137
2,457,900

773,111
337,404
554,725
732,014
297,965
86,912

773,111
337,404
554,725
732,014
297,965
86,912

2,782,131

2,782,131

1,014,000
165,354
792,000

1,014,000
165,354
755,428

670,000
149,117
84,787
903,904

670,000
149,117
84,787
903,904

31,000

31,000

Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations ................
21–D–512 Plutonium Pit Production Project,
LANL ............................................................
Subtotal, Los Alamos Plutonium Modernization ......................................................................
Savannah River Plutonium Modernization
Savannah River Plutonium Operations .........
21–D–511 Savannah River Plutonium Processing Facility, SRS .....................................
Subtotal, Savannah River Plutonium Modernization ...........................................................
Enterprise Plutonium Support ..............................
Total, Plutonium Modernization ............................
High Explosives and Energetics ...................................
Total, Primary Capability Modernization ...................
Secondary Capability Modernization ...................................
Tritium and Domestic Uranium Enrichment .....................
Non-Nuclear Capability Modernization ...............................
Total, Production Modernization .........................................

Stockpile Research, Technology, and Engineering
Assessment Science ...............................................................
Engineering and Integrated Assessments ...........................
Inertial Confinement Fusion ................................................
Advanced Simulation and Computing .................................
Weapon Technology and Manufacturing Maturation .........
Academic Programs ...............................................................
Total, Stockpile Research, Technology, and Engineering ..............................................................................................

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Infrastructure and Operations
Operations of facilities ..........................................................
Safety and environmental operations ..................................
Maintenance and repair of facilities ....................................
Recapitalization:
Infrastructure and safety ..............................................
Capability based investments .......................................
Planning for Programmatic Construction (Pre-CD–1)
Total, Recapitalization .....................................................
Construction:
21–D–510 HE Synthesis, Formulation, and Production, PX .......................................................................

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134 STAT. 4520

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2021
Request

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Program

VerDate Sep 11 2014

06:40 Jan 20, 2022

19–D–670 138kV Power Transmission System Replacement, NNSS .......................................................
18–D–690 Lithium Processing Facility, Y–12 .............
18–D–620 Exascale Computing Facility Modernization Project, LLNL .....................................................
18–D–650 Tritium Finishing Facility, SRS .................
17–D–640, U1a Complex Enhancements Project,
NNSS ...........................................................................
15–D–612 Emergency Operations Center, LLNL ........
15–D–611 Emergency Operations Center, SNL ..........
15–D–302, TA–55 Reinvestments Project, Phase 3,
LANL ...........................................................................
15–D–301, HE Science & Engineering Facility, PX ....
07–D–220-04 Transuranic Liquid Waste Facility,
LANL ...........................................................................
06–D–141 Uranium processing facility Y–12, Oak
Ridge, TN ....................................................................
04–D–125 Chemistry and Metallurgy Research Replacement Project, LANL ...........................................
Total, Construction ...........................................................
Total, Infrastructure and operations ...................................
Secure transportation asset
Operations and equipment ...................................................
Program direction .................................................................
Total, Secure transportation asset .......................................

Conference
Authorized

59,000
109,405

59,000
109,405

29,200
27,000

29,200
27,000

160,600
27,000
36,000

160,600
27,000
36,000

30,000
43,000

30,000
43,000

36,687

36,687

750,000

750,000

169,427
1,508,319
4,383,577

169,427
1,508,319
4,347,005

266,390
123,684
390,074

266,390
123,684
390,074

Defense Nuclear Security
Operations and maintenance ...............................................
Construction:
17–D–710 West end protected area reduction project,
Y–12 .............................................................................
Total, Defense nuclear security ............................................

815,895

800,895

11,000
826,895

11,000
800,895

Information technology and cybersecurity .................................

375,511

375,511

Legacy contractor pensions ..........................................................
Total, Weapons Activities ...............................................................

101,668
15,602,000

101,668
15,550,428

Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security ......................................
Domestic radiological security ......................................
Container breach in Seattle, WA ...........................
International radiological security ...............................
Nuclear smuggling detection and deterrence ..............
Total, Global material security ......................................

73,340
159,749
400,480

66,391
131,000
[30,000]
73,340
159,749
430,480

Material management and minimization
HEU reactor conversion ................................................
Nuclear material removal .............................................
Material disposition .......................................................
Total, Material management & minimization ............

170,000
40,000
190,711
400,711

110,000
40,000
190,711
340,711

Nonproliferation and arms control ......................................

138,708

138,708

National Technical Nuclear Forensics R&D .......................

40,000

40,000

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101,000

PUBL283

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4521

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2021
Request

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Program

VerDate Sep 11 2014

Conference
Authorized

Defense nuclear nonproliferation R&D
Proliferation Detection ..................................................
Nuclear verification and detection, next-gen technologies ................................................................
Nuclear Detonation Detection .......................................
Nonproliferation Stewardship Program .......................
LEU Research and Development ..................................
LEU R&D for Naval Pressurized Water Reactors
Total, Defense nuclear nonproliferation R&D ...........

531,651

Nonproliferation Construction:
18–D–150 Surplus Plutonium Disposition Project,
SRS ..............................................................................
Total, Nonproliferation construction ...........................
Total, Defense Nuclear Nonproliferation Programs ........

148,589
148,589
1,660,139

148,589
148,589
1,670,139

Legacy contractor pensions ..........................................................
Nuclear counterterrorism and incident response program .......
Use of Prior Year Balances ..........................................................
Total, Defense Nuclear Nonproliferation ..................................

14,348
377,513
–21,000
2,031,000

14,348
377,513
–21,000
2,041,000

590,306
64,700
135,000
506,294

590,306
64,700
135,000
506,294

235,220

236,531
59,900
0

255,220
[20,000]
236,531
59,900
20,000
[20,000]
571,651

Naval Reactors
Naval reactors development ........................................................
Columbia-Class reactor systems development ...........................
S8G Prototype refueling ..............................................................
Naval reactors operations and infrastructure ............................
Construction:
21–D–530 KL Steam and Condensate Upgrades ...............
14–D–901 Spent fuel handling recapitalization project,
NRF ....................................................................................
Total, Construction ..................................................................
Program direction .........................................................................
Total, Naval Reactors ......................................................................

4,000

4,000

330,000
334,000
53,700
1,684,000

330,000
334,000
53,700
1,684,000

Federal Salaries And Expenses
Program direction .........................................................................
Total, Office Of The Administrator .............................................

454,000
454,000

454,000
454,000

Defense Environmental Cleanup
Closure sites:
Closure sites administration ................................................

4,987

4,987

Richland:
River corridor and other cleanup operations ......................
Program restoration .......................................................
Central plateau remediation ................................................
Program restoration .......................................................
Richland community and regulatory support .....................
Program restoration .......................................................
Total, Hanford site ....................................................................

555,784

Office of River Protection:
Waste Treatment Immobilization Plant Commissioning ...
Rad liquid tank waste stabilization and disposition ..........
Tank farm activities ..............................................................

50,000
597,757
0

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54,949
498,335
2,500

235,949
[180,000]
658,335
[160,000]
10,100
[7,600]
904,384

50,000
775,000

E:\PUBLAW\PUBL283.116

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134 STAT. 4522

PUBLIC LAW 116–283—JAN. 1, 2021
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2021
Request

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Program

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Conference
Authorized

Construction:
18–D–16 Waste treatment and immobilization
plant—LBL/Direct feed LAW ....................................
Program restoration ...............................................
01–D–16 D High-Level Waste Facility
Total, Construction ...........................................................
Total, Office of River Protection ..........................................

609,924
1,257,681

776,000
1,601,000

Idaho National Laboratory:
Idaho cleanup and waste disposition ...................................
Idaho community and regulatory support ...........................
Total, Idaho National Laboratory .........................................

257,554
2,400
259,954

257,554
2,400
259,954

1,764
15,000
60,737
4,860
120,000

609,924

776,000
[166,076]

NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory ..........................
Separations Process Research Unit ..............................
Nevada ............................................................................
Sandia National Laboratories .......................................
Los Alamos National Laboratory ..................................
Execute achievable scope of work ..........................
Total, NNSA sites and Nevada off-sites ...............................

202,361

1,764
15,000
60,737
4,860
220,000
[100,000]
302,361

Oak Ridge Reservation:
OR Nuclear facility D & D ...................................................
Total, OR Nuclear facility D & D ...................................

109,077
109,077

109,077
109,077

45,000
58,000

45,000
58,000

U233 Disposition Program ...................................................
OR cleanup and disposition ..................................................
Construction:
17–D–401 On-site waste disposal facility .............
14–D–403 Outfall 200 Mercury Treatment Facility .........................................................................
Total, Construction ....................................................
Total, OR cleanup and waste disposition ....................

22,380

22,380

20,500
42,880
145,880

20,500
42,880
145,880

OR community & regulatory support ..................................
OR technology development and deployment .....................
Total, Oak Ridge Reservation ................................................

4,930
3,000
262,887

4,930
3,000
262,887

Savannah River Sites:
Savannah River risk management operations
Savannah River risk management operations ............
H-Canyon not placed into stand-by condition ......
Total, risk management operations ..............................

455,122

495,122
[40,000]
495,122

455,122

SR community and regulatory support ...............................
Secure payment in lieu of taxes funding .....................
Radioactive liquid tank waste stabilization and disposition ......................................................................................
Construction:
20-D–402 Advanced Manufacturing Collaborative
Facility (AMC) .....................................................
18–D–402 Saltstone Disposal Unit #8/9 ...............
17–D–402 Saltstone Disposal Unit #7 ..................
Total, Construction ....................................................
Total, Savannah River site .....................................................

970,332

964,072

25,000
65,500
10,716
101,216
1,531,659

25,000
65,500
10,716
101,216
1,571,899

Waste Isolation Pilot Plant
Waste Isolation Pilot Plant ..................................................

323,260

323,260

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[6,500]

PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4523

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
FY 2021
Request

Program

Construction:
15–D–412 Utility Saft ....................................................
21–D–401 Hoisting Capability Project .........................
Total, Construction ...........................................................
Total, Waste Isolation Pilot Plant .........................................

Conference
Authorized

50,000
10,000
60,000
383,260

50,000
10,000
60,000
383,260

Program direction .........................................................................
Program support ...........................................................................
Technology development ..............................................................
Safeguards and Security
Safeguards and Security .......................................................
Total, Safeguards and Security .............................................

275,285
12,979
25,000

275,285
12,979
25,000

320,771
320,771

320,771
320,771

Prior year balances credited ........................................................
Total, Defense Environmental Cleanup .....................................

–109,000
4,983,608

–109,000
5,815,767

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security ...........................
Program direction .................................................................
Total, Environment, Health, safety and security .............

134,320
75,368
209,688

134,320
75,368
209,688

Independent enterprise assessments
Independent enterprise assessments ...................................
Program direction .................................................................
Total, Independent enterprise assessments .......................

26,949
54,635
81,584

26,949
54,635
81,584

Specialized security activities ......................................................

258,411

258,411

293,873

Office of Legacy Management
Legacy management .............................................................
Rejection of proposed transfer ......................................
Program direction .................................................................
Total, Office of Legacy Management ...................................

23,120
316,993

140,194
[–153,679]
23,120
163,314

Defense related administrative support .....................................

183,789

183,789

Office of hearings and appeals ....................................................
Subtotal, Other defense activities ...............................................
Total, Other Defense Activities ....................................................

4,262
1,054,727
1,054,727

4,262
901,048
901,048

DIVISION E—NATIONAL ARTIFICIAL
INTELLIGENCE INITIATIVE ACT OF 2020
SEC. 5001. SHORT TITLE.

This division may be cited as the ‘‘National Artificial Intelligence Initiative Act of 2020’’.

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SEC. 5002. DEFINITIONS.

National
Artificial
Intelligence
Initiative Act
of 2020.
15 USC 9401
note.
15 USC 9401.

In this division:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the National Artificial Intelligence Advisory Committee
established under section 5104(a).
(2) AGENCY HEAD.—The term ‘‘agency head’’ means the
head of any Executive agency (as defined in section 105 of
title 5, United States Code).

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134 STAT. 4524

PUBLIC LAW 116–283—JAN. 1, 2021
(3) ARTIFICIAL INTELLIGENCE.—The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given
set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and humanbased inputs to—
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through analysis in an automated manner; and
(C) use model inference to formulate options for
information or action.
(4) COMMUNITY COLLEGE.—The term ‘‘community college’’
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is
an associate’s degree, including 2-year Tribal Colleges or
Universities under section 316 of the Higher Education Act
of 1965 (20 U.S.C. 1059c) and public 2-year State institutions
of higher education.
(5) INITIATIVE.—The term ‘‘Initiative’’ means the National
Artificial Intelligence Initiative established under section
5101(a).
(6) INITIATIVE OFFICE.—The term ‘‘Initiative Office’’ means
the National Artificial Intelligence Initiative Office established
under section 5102(a).
(7) INSTITUTE.—The term ‘‘Institute’’ means an Artificial
Intelligence Research Institute described in section 5201(b)(2).
(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101 and section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1001).
(9) INTERAGENCY COMMITTEE.—The term ‘‘Interagency
Committee’’ means the interagency committee established
under section 5103(a).
(10) K-12 EDUCATION.—The term ‘‘K-12 education’’ means
elementary school and secondary school education provided by
local educational agencies, as such agencies are defined in
section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(11) MACHINE LEARNING.—The term ‘‘machine learning’’
means an application of artificial intelligence that is characterized by providing systems the ability to automatically learn
and improve on the basis of data or experience, without being
explicitly programmed.

TITLE LI—NATIONAL ARTIFICIAL
INTELLIGENCE INITIATIVE

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

VerDate Sep 11 2014

5101.
5102.
5103.
5104.
5105.
5106.

National Artificial Intelligence Initiative.
National Artificial Intelligence Initiative Office.
Coordination by Interagency Committee.
National Artificial Intelligence Advisory Committee.
National Academies artificial intelligence impact study on workforce.
National AI Research Resource Task Force.

15 USC 9411.

SEC. 5101. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE.

President.

(a) ESTABLISHMENT; PURPOSES.—The President shall establish
and implement an initiative to be known as the ‘‘National Artificial
Intelligence Initiative’’. The purposes of the Initiative shall be to—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4525

(1) ensure continued United States leadership in artificial
intelligence research and development;
(2) lead the world in the development and use of trustworthy artificial intelligence systems in the public and private
sectors;
(3) prepare the present and future United States workforce
for the integration of artificial intelligence systems across all
sectors of the economy and society; and
(4) coordinate ongoing artificial intelligence research,
development, and demonstration activities among the civilian
agencies, the Department of Defense and the Intelligence
Community to ensure that each informs the work of the others.
(b) INITIATIVE ACTIVITIES.—In carrying out the Initiative, the
President, acting through the Initiative Office, the Interagency Committee, and agency heads as the President considers appropriate,
shall carry out activities that include the following:
(1) Sustained and consistent support for artificial intelligence research and development through grants, cooperative
agreements, testbeds, and access to data and computing
resources.
(2) Support for K-12 education and postsecondary educational programs, including workforce training and career and
technical education programs, and informal education programs
to prepare the American workforce and the general public to
be able to create, use, and interact with artificial intelligence
systems.
(3) Support for interdisciplinary research, education, and
workforce training programs for students and researchers that
promote learning in the methods and systems used in artificial
intelligence and foster interdisciplinary perspectives and
collaborations among subject matter experts in relevant fields,
including
computer
science,
mathematics,
statistics,
engineering, social sciences, health, psychology, behavioral
science, ethics, security, legal scholarship, and other disciplines
that will be necessary to advance artificial intelligence research
and development responsibly.
(4) Interagency planning and coordination of Federal artificial intelligence research, development, demonstration, standards engagement, and other activities under the Initiative,
as appropriate.
(5) Outreach to diverse stakeholders, including citizen
groups, industry, and civil rights and disability rights organizations, to ensure public input is taken into account in the activities of the Initiative.
(6) Leveraging existing Federal investments to advance
objectives of the Initiative.
(7) Support for a network of interdisciplinary artificial intelligence research institutes, as described in section 5201(b)(7)(B).
(8) Support opportunities for international cooperation with
strategic allies, as appropriate, on the research and development, assessment, and resources for trustworthy artificial intelligence systems.
(c) LIMITATION.—The Initiative shall not impact sources and
methods, as determined by the Director of National Intelligence.
(d) RULES OF CONSTRUCTION.—Nothing in this division shall
be construed as—

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President.

Determination.

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(1) modifying any authority or responsibility, including any
operational authority or responsibility of any head of a Federal
department or agency, with respect to intelligence or the intelligence community, as those terms are defined in 50 U.S.C.
3003;
(2) authorizing the Initiative, or anyone associated with
its derivative efforts to approve, interfere with, direct or to
conduct an intelligence activity, resource, or operation; or
(3) authorizing the Initiative, or anyone associated with
its derivative efforts to modify the classification of intelligence
information.
(e) SUNSET.—The Initiative established in this division shall
terminate on the date that is 10 years after the date of enactment
of this Act.
15 USC 9412.

SEC. 5102. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE OFFICE.

Appointment.

(a) IN GENERAL.—The Director of the Office of Science and
Technology Policy shall establish or designate, and appoint a
director of, an office to be known as the ‘‘National Artificial Intelligence Initiative Office’’ to carry out the responsibilities described
in subsection (b) with respect to the Initiative. The Initiative Office
shall have sufficient staff to carry out such responsibilities,
including staff detailed from the Federal departments and agencies
described in section 5103(c), as appropriate.
(b) RESPONSIBILITIES.—The Director of the Initiative Office
shall—
(1) provide technical and administrative support to the
Interagency Committee and the Advisory Committee;
(2) serve as the point of contact on Federal artificial intelligence activities for Federal departments and agencies,
industry, academia, nonprofit organizations, professional societies, State governments, and such other persons as the Initiative Office considers appropriate to exchange technical and
programmatic information;
(3) conduct regular public outreach to diverse stakeholders,
including civil rights and disability rights organizations; and
(4) promote access to the technologies, innovations, best
practices, and expertise derived from Initiative activities to
agency missions and systems across the Federal Government.
(c) FUNDING ESTIMATE.—The Director of the Office of Science
and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and
annually update an estimate of the funds necessary to carry out
the activities of the Initiative Coordination Office and submit such
estimate with an agreed summary of contributions from each agency
to Congress as part of the President’s annual budget request to
Congress.

Coordination.
Updates.
Summary.

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15 USC 9413.

SEC. 5103. COORDINATION BY INTERAGENCY COMMITTEE.

(a) INTERAGENCY COMMITTEE.—The Director of the Office of
Science and Technology Policy, acting through the National Science
and Technology Council, shall establish or designate an Interagency
Committee to coordinate Federal programs and activities in support
of the Initiative.
(b) CO-CHAIRS.—The Interagency Committee shall be co-chaired
by the Director of the Office of Science and Technology Policy

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134 STAT. 4527

and, on an annual rotating basis, a representative from the Department of Commerce, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science
and Technology Policy.
(c) AGENCY PARTICIPATION.—The Committee shall include representatives from Federal agencies as considered appropriate by
determination and agreement of the Director of the Office of Science
and Technology Policy and the head of the affected agency.
(d) RESPONSIBILITIES.—The Interagency Committee shall—
(1) provide for interagency coordination of Federal artificial
intelligence research, development, and demonstration activities and education and workforce training activities and programs of Federal departments and agencies undertaken pursuant to the Initiative;
(2) not later than 2 years after the date of the enactment
of this Act, develop a strategic plan for artificial intelligence
(to be updated not less than every 3 years) that establishes
goals, priorities, and metrics for guiding and evaluating how
the agencies carrying out the Initiative will—
(A) determine and prioritize areas of artificial intelligence research, development, and demonstration
requiring Federal Government leadership and investment;
(B) support long-term funding for interdisciplinary
artificial intelligence research, development, demonstration, and education;
(C) support research and other activities on ethical,
legal, environmental, safety, security, bias, and other
appropriate societal issues related to artificial intelligence;
(D) provide or facilitate the availability of curated,
standardized, secure, representative, aggregate, and privacy-protected data sets for artificial intelligence research
and development;
(E) provide or facilitate the necessary computing, networking, and data facilities for artificial intelligence
research and development;
(F) support and coordinate Federal education and
workforce training activities related to artificial intelligence; and
(G) support and coordinate the network of artificial
intelligence research institutes described in section
5201(b)(7)(B);
(3) as part of the President’s annual budget request to
Congress, propose an annually coordinated interagency budget
for the Initiative to the Office of Management and Budget
that is intended to ensure that the balance of funding across
the Initiative is sufficient to meet the goals and priorities
established for the Initiative; and
(4) in carrying out this section, take into consideration
the recommendations of the Advisory Committee, existing
reports on related topics, and the views of academic, State,
industry, and other appropriate groups.
(e) ANNUAL REPORT.—For each fiscal year beginning with fiscal
year 2022, not later than 90 days after submission of the President’s
annual budget request for such fiscal year, the Interagency Committee shall prepare and submit to the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce,

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Determination.

Deadline.
Strategic plan.
Updates.
Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

the Committee on Transportation and Infrastructure, the Committee on Armed Services, the House Permanent Select Committee
on Intelligence, the Committee on the Judiciary, and the Committee
on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee
on Health, Education, Labor, and Pensions, the Committee on
Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services,
the Senate Select Committee on Intelligence, the Committee on
the Judiciary, and the Committee on Appropriations of the Senate
a report that includes a summarized budget in support of the
Initiative for such fiscal year and the preceding fiscal year, including
a disaggregation of spending and a description of any Institutes
established under section 5201 for the Department of Commerce,
the Department of Defense, the Department of Energy, the Department of Agriculture, the Department of Health and Human Services, and the National Science Foundation.
15 USC 9414.

SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE.

Consultation.
Establishment.

(a) IN GENERAL.—The Secretary of Commerce shall, in consultation with the Director of the Office of Science and Technology
Policy, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, and the Director of National
Intelligence establish an advisory committee to be known as the
‘‘National Artificial Intelligence Advisory Committee’’.
(b) QUALIFICATIONS.—The Advisory Committee shall consist of
members, appointed by the Secretary of Commerce, who are representing broad and interdisciplinary expertise and perspectives,
including from academic institutions, companies across diverse sectors, nonprofit and civil society entities, including civil rights and
disability rights organizations, and Federal laboratories, who are
representing geographic diversity, and who are qualified to provide
advice and information on science and technology research, development, ethics, standards, education, technology transfer, commercial
application, security, and economic competitiveness related to artificial intelligence.
(c) MEMBERSHIP CONSIDERATION.—In selecting the members
of the Advisory Committee, the Secretary of Commerce shall seek
and give consideration to recommendations from Congress, industry,
nonprofit organizations, the scientific community (including the
National Academies of Sciences, Engineering, and Medicine, scientific professional societies, and academic institutions), the defense
and law enforcement communities, and other appropriate organizations.
(d) DUTIES.—The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative,
including recommendations related to—
(1) the current state of United States competitiveness and
leadership in artificial intelligence, including the scope and
scale of United States investments in artificial intelligence
research and development in the international context;
(2) the progress made in implementing the Initiative,
including a review of the degree to which the Initiative has
achieved the goals according to the metrics established by the
Interagency Committee under section 5103(d)(2);

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Appointments.

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134 STAT. 4529

(3) the state of the science around artificial intelligence,
including progress toward artificial general intelligence;
(4) issues related to artificial intelligence and the United
States workforce, including matters relating to the potential
for using artificial intelligence for workforce training, the possible consequences of technological displacement, and supporting workforce training opportunities for occupations that
lead to economic self-sufficiency for individuals with barriers
to employment and historically underrepresented populations,
including minorities, Indians (as defined in 25 U.S.C. 5304),
low-income populations, and persons with disabilities.
(5) how to leverage the resources of the initiative to streamline and enhance operations in various areas of government
operations, including health care, cybersecurity, infrastructure,
and disaster recovery;
(6) the need to update the Initiative;
(7) the balance of activities and funding across the Initiative;
(8) whether the strategic plan developed or updated by
the Interagency Committee established under section 5103(d)(2)
is helping to maintain United States leadership in artificial
intelligence;
(9) the management, coordination, and activities of the
Initiative;
(10) whether ethical, legal, safety, security, and other
appropriate societal issues are adequately addressed by the
Initiative;
(11) opportunities for international cooperation with strategic allies on artificial intelligence research activities, standards development, and the compatibility of international regulations;
(12) accountability and legal rights, including matters
relating to oversight of artificial intelligence systems using
regulatory and nonregulatory approaches, the responsibility for
any violations of existing laws by an artificial intelligence
system, and ways to balance advancing innovation while protecting individual rights; and
(13) how artificial intelligence can enhance opportunities
for diverse geographic regions of the United States, including
urban, Tribal, and rural communities.
(e) SUBCOMMITTEE ON ARTIFICIAL INTELLIGENCE AND LAW
ENFORCEMENT.—
(1) ESTABLISHMENT.—The chairperson of the Advisory Committee shall establish a subcommittee on matters relating to
the development of artificial intelligence relating to law enforcement matters.
(2) ADVICE.—The subcommittee shall provide advice to the
President on matters relating to the development of artificial
intelligence relating to law enforcement, including advice on
the following:
(A) Bias, including whether the use of facial recognition
by government authorities, including law enforcement
agencies, is taking into account ethical considerations and
addressing whether such use should be subject to additional
oversight, controls, and limitations.
(B) Security of data, including law enforcement’s access
to data and the security parameters for that data.

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134 STAT. 4530

Recommendations.

PUBLIC LAW 116–283—JAN. 1, 2021

(C) Adoptability, including methods to allow the United
States Government and industry to take advantage of
artificial intelligence systems for security or law enforcement purposes while at the same time ensuring the potential abuse of such technologies is sufficiently mitigated.
(D) Legal standards, including those designed to ensure
the use of artificial intelligence systems are consistent with
the privacy rights, civil rights and civil liberties, and disability rights issues raised by the use of these technologies.
(f) REPORTS.—Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 3 years
thereafter, the Advisory Committee shall submit to the President,
the Committee on Science, Space, and Technology, the Committee
on Energy and Commerce, the House Permanent Select Committee
on Intelligence, the Committee on the Judiciary, and the Committee
on Armed Services of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Senate Select
Committee on Intelligence, the Committee on Homeland Security
and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Armed Services of the Senate, a report on the
Advisory Committee’s findings and recommendations under subsection (d) and subsection (e).
(g) TRAVEL EXPENSES OF NON-FEDERAL MEMBERS.—Non-Federal members of the Advisory Committee, while attending meetings
of the Advisory Committee or while otherwise serving at the request
of the head of the Advisory Committee away from their homes
or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code, for individuals in the Government serving without pay. Nothing in this subsection shall be
construed to prohibit members of the Advisory Committee who
are officers or employees of the United States from being allowed
travel expenses, including per diem in lieu of subsistence, in accordance with existing law.
(h) FACA EXEMPTION.—The Secretary of Commerce shall charter
the Advisory Committee in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.), except that the Advisory Committee
shall be exempt from section 14 of such Act.
SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT
STUDY ON WORKFORCE.

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Deadline.
Contracts.

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(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the National Science Foundation shall
enter into a contract with the National Research Council of the
National Academies of Sciences, Engineering, and Medicine to conduct a study of the current and future impact of artificial intelligence on the workforce of the United States across sectors.
(b) CONTENTS.—The study shall address—
(1) workforce impacts across sectors caused by the increased
adoption of artificial intelligence, automation, and other related
trends;
(2) workforce needs and employment opportunities generated by the increased adoption of artificial intelligence across
sectors;
(3) research gaps and data needed to better understand
and track paragraphs (1) and (2); and

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134 STAT. 4531

(4) recommendations to address the challenges and
opportunities described in paragraphs (1), (2), and (3).
(c) STAKEHOLDERS.—In conducting the study, the National
Academies of Sciences, Engineering, and Medicine shall seek input
from a wide range of stakeholders in the public and private sectors.
(d) REPORT TO CONGRESS.—The contract entered into under
subsection (a) shall require the National Academies of Sciences,
Engineering, and Medicine, not later than 2 years after the date
of the enactment of this Act, to—
(1) submit to the Committee on Science, Space, and Technology and the Committee on Education and Labor of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Health,
Education, Pension, and Labor of the Senate a report containing
the findings and recommendations of the study conducted under
subsection (a); and
(2) make a copy of such report available on a publicly
accessible website.

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SEC. 5106. NATIONAL AI RESEARCH RESOURCE TASK FORCE.

(a) ESTABLISHMENT OF TASK FORCE.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Director of the National Science
Foundation, in coordination with the Office of Science and
Technology Policy, shall establish a task force—
(i) to investigate the feasibility and advisability
of establishing and sustaining a National Artificial
Intelligence Research Resource; and
(ii) to propose a roadmap detailing how such
resource should be established and sustained.
(B) DESIGNATION.—The task force established by
subparagraph (A) shall be known as the ‘‘National Artificial
Intelligence Research Resource Task Force’’ (in this section
referred to as the ‘‘Task Force’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Task Force shall be composed
of 12 members selected by the co-chairpersons of the Task
Force from among technical experts in artificial intelligence
or related subjects, of whom—
(i) 4 shall be representatives from the Interagency
Committee established in section 5103, including the
co-chairpersons of the Task Force;
(ii) 4 shall be representatives from institutions
of higher education; and
(iii) 4 shall be representatives from private
organizations.
(B) APPOINTMENT.—Not later than 120 days after
enactment of this Act, the co-chairpersons of the Task
Force shall appoint members to the Task Force pursuant
to subparagraph (A).
(C) TERM OF APPOINTMENT.—Members of the Task
Force shall be appointed for the life of the Task Force.
(D) VACANCY.—Any vacancy occurring in the membership of the Task Force shall be filled in the same manner
in which the original appointment was made.
(E) CO-CHAIRPERSONS.—The Director of the Office of
Science and Technology Policy and the Director of the

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Recommendations.

Requirements.

Recommendations.

Records.
Public
information.
Web posting.
15 USC 9415.

Coordination.

Deadline.

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Assessment.
Recommendations.
Assessment.
Requirements.

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Assessment.

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National Sciences Foundation, or their designees, shall be
the co-chairpersons of the Task Force. If the role of the
Director of the National Science Foundation is vacant, the
Chair of the National Science Board shall act as a cochairperson of the Task Force.
(F) EXPENSES FOR NON-FEDERAL MEMBERS.—
(i) Except as provided in clause (ii), non-Federal
Members of the Task Force shall not receive compensation for their participation on the Task Force.
(ii) Non-Federal Members of the Task Force shall
be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees under
subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places
of business in the performance of services for the Task
Force.
(b) ROADMAP AND IMPLEMENTATION PLAN.—
(1) IN GENERAL.—The Task Force shall develop a coordinated roadmap and implementation plan for creating and sustaining a National Artificial Intelligence Research Resource.
(2) CONTENTS.—The roadmap and plan required by paragraph (1) shall include the following:
(A) Goals for establishment and sustainment of a
National Artificial Intelligence Research Resource and
metrics for success.
(B) A plan for ownership and administration of the
National Artificial Intelligence Research Resource,
including—
(i) an appropriate agency or organization responsible for the implementation, deployment, and administration of the Resource; and
(ii) a governance structure for the Resource,
including oversight and decision-making authorities.
(C) A model for governance and oversight to establish
strategic direction, make programmatic decisions, and manage the allocation of resources;
(D) Capabilities required to create and maintain a
shared computing infrastructure to facilitate access to computing resources for researchers across the country,
including scalability, secured access control, resident data
engineering and curation expertise, provision of curated
data sets, compute resources, educational tools and services, and a user interface portal.
(E) An assessment of, and recommended solutions to,
barriers to the dissemination and use of high-quality
government data sets as part of the National Artificial
Intelligence Research Resource.
(F) An assessment of security requirements associated
with the National Artificial Intelligence Research Resource
and its research and a recommendation for a framework
for the management of access controls.
(G) An assessment of privacy and civil rights and civil
liberties requirements associated with the National Artificial Intelligence Research Resource and its research.
(H) A plan for sustaining the Resource, including
through Federal funding and partnerships with the private
sector.

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134 STAT. 4533

(I) Parameters for the establishment and sustainment
of the National Artificial Intelligence Research Resource,
including agency roles and responsibilities and milestones
to implement the Resource.
(c) CONSULTATIONS.—In conducting its duties required under
subsection (b), the Task Force shall consult with the following:
(1) The National Science Foundation.
(2) The Office of Science and Technology Policy.
(3) The National Academies of Sciences, Engineering, and
Medicine.
(4) The National Institute of Standards and Technology.
(5) The Director of National Intelligence.
(6) The Department of Energy.
(7) The Department of Defense.
(8) The General Services Administration.
(9) The Department of Justice.
(10) The Department of Homeland Security.
(11) The Department of Health and Human Services.
(12) Private industry.
(13) Institutions of higher education.
(14) Civil and disabilities rights organizations.
(15) Such other persons as the Task Force considers appropriate.
(d) STAFF.—Staff of the Task Force shall comprise detailees
with expertise in artificial intelligence, or related fields from the
Office of Science and Technology Policy, the National Science
Foundation, or any other agency the co-chairs deem appropriate,
with the consent of the head of the agency.
(e) TASK FORCE REPORTS.—
(1) INITIAL REPORT.—Not later than 12 months after the
date on which all of the appointments have been made under
subsection (a)(2)(B), the Task Force shall submit to Congress
and the President an interim report containing the findings,
conclusions, and recommendations of the Task Force. The report
shall include specific recommendations regarding steps the
Task Force believes necessary for the establishment and
sustainment of a National Artificial Intelligence Research
Resource.
(2) FINAL REPORT.—Not later than 6 months after the submittal of the interim report under paragraph (1), the Task
Force shall submit to Congress and the President a final report
containing the findings, conclusions, and recommendations of
the Task Force, including the specific recommendations
required by subsection (b).
(f) TERMINATION.—
(1) IN GENERAL.—The Task Force shall terminate 90 days
after the date on which it submits the final report under
subsection (e)(2).
(2) RECORDS.—Upon termination of the Task Force, all
of its records shall become the records of the National Archives
and Records Administration.
(g) DEFINITIONS.—In this section:
(1) NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH
RESOURCE AND RESOURCE.—The terms ‘‘National Artificial Intelligence Research Resource’’ and ‘‘Resource’’ mean a system that
provides researchers and students across scientific fields and
disciplines with access to compute resources, co-located with

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PUBLIC LAW 116–283—JAN. 1, 2021
publicly-available, artificial intelligence-ready government and
non-government data sets and a research environment with
appropriate educational tools and user support.
(2) OWNERSHIP.—The term ‘‘ownership’’ means responsibility and accountability for the implementation, deployment,
and ongoing development of the National Artificial Intelligence
Research Resource, and for providing staff support to that
effort.

TITLE LII—NATIONAL ARTIFICIAL
INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
SEC.

15 USC 9431.

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Determination.

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5201.

NATIONAL
INSTITUTES.

ARTIFICIAL

INTELLIGENCE

RESEARCH

(a) IN GENERAL.—Subject to the availability of funds appropriated for this purpose, the Director of the National Science
Foundation shall establish a program to award financial assistance
for the planning, establishment, and support of a network of
Institutes (as described in subsection (b)(2)) in accordance with
this section.
(b) FINANCIAL ASSISTANCE TO ESTABLISH AND SUPPORT
NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES.—
(1) IN GENERAL.—Subject to the availability of funds appropriated for this purpose, the Secretary of Energy, the Secretary
of Commerce, the Director of the National Science Foundation,
and every other agency head may award financial assistance
to an eligible entity, or consortia thereof, as determined by
an agency head, to establish and support an Institute.
(2) ARTIFICIAL INTELLIGENCE INSTITUTES.—An Institute
described in this subsection is an artificial intelligence research
institute that—
(A) is focused on—
(i) a particular economic or social sector, including
health, education, manufacturing, agriculture, security,
energy, and environment, and includes a component
that addresses the ethical, societal, safety, and security
implications relevant to the application of artificial
intelligence in that sector; or
(ii) a cross-cutting challenge for artificial intelligence systems, including trustworthiness, or
foundational science;
(B) requires partnership among public and private
organizations, including, as appropriate, Federal agencies,
institutions of higher education, including community colleges, nonprofit research organizations, Federal laboratories, State, local, and Tribal governments, industry,
including startup companies, and civil society organizations, including civil rights and disability rights organizations (or consortia thereof);
(C) has the potential to create an innovation ecosystem,
or enhance existing ecosystems, to translate Institute
research into applications and products, as appropriate
to the topic of each Institute;

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134 STAT. 4535

(D) supports interdisciplinary research and development across multiple institutions of higher education and
organizations;
(E) supports interdisciplinary education activities,
including curriculum development, research experiences,
and faculty professional development across undergraduate, graduate, and professional academic programs;
and
(F) supports workforce development in artificial intelligence related disciplines in the United States, including
increasing participation of historically underrepresented
communities.
(3) USE OF FUNDS.—Financial assistance awarded under
paragraph (1) may be used by an Institute for—
(A) managing and making available to researchers
accessible, curated, standardized, secure, and privacy protected data sets from the public and private sectors for
the purposes of training and testing artificial intelligence
systems and for research using artificial intelligence systems, pursuant to subsections (c), (e), and (f) of section
22A the National Institute of Standards and Technology
Act (as added by section 5301 of this division);
(B) developing and managing testbeds for artificial
intelligence systems, including sector-specific test beds,
designed to enable users to evaluate artificial intelligence
systems prior to deployment;
(C) conducting research and education activities
involving artificial intelligence systems to solve challenges
with social, economic, health, scientific, and national security implications;
(D) providing or brokering access to computing
resources, networking, and data facilities for artificial intelligence research and development relevant to the Institute’s
research goals;
(E) providing technical assistance to users, including
software engineering support, for artificial intelligence
research and development relevant to the Institute’s
research goals;
(F) engaging in outreach and engagement to broaden
participation in artificial intelligence research and the
artificial intelligence workforce; and
(G) such other activities that an agency head, whose
agency’s missions contribute to or are affected by artificial
intelligence, considers consistent with the purposes
described in section 5101(a).
(4) DURATION.—
(A) INITIAL PERIODS.—An award of financial assistance
under paragraph (1) shall be awarded for an initial period
of 5 years.
(B) EXTENSION.—An established Institute may apply
for, and the agency head may grant, extended funding
for periods of 5 years on a merit-reviewed basis using
the merit review criteria of the sponsoring agency.
(5) APPLICATION FOR FINANCIAL ASSISTANCE.—A person
seeking financial assistance under paragraph (1) shall submit
to an agency head an application at such time, in such manner,

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and containing such information as the agency head may
require.
(6) COMPETITIVE, MERIT REVIEW.—In awarding financial
assistance under paragraph (1), the agency head shall—
(A) use a competitive, merit review process that
includes peer review by a diverse group of individuals
with relevant expertise from both the private and public
sectors; and
(B) ensure the focus areas of the Institute do not
substantially and unnecessarily duplicate the efforts of any
other Institute.
(7) COLLABORATION.—
(A) IN GENERAL.—In awarding financial assistance
under paragraph (1), an agency head may collaborate with
Federal departments and agencies whose missions contribute to or are affected by artificial intelligence systems.
(B) COORDINATING NETWORK.—The Director of the
National Science Foundation shall establish a network of
Institutes receiving financial assistance under this subsection, to be known as the ‘‘Artificial Intelligence Leadership Network’’, to coordinate cross-cutting research and
other activities carried out by the Institutes.
(8) LIMITATION.—No funds authorized in this title shall
be awarded to Institutes outside of the United States. All
awardees and subawardees for such Institute shall be based
in the United States, in addition to any other eligibility criteria
as established by each agency head.

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.
SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACTIVITIES.

The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended by inserting after section 22 the
following:

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15 USC 278h–1.

‘‘SEC. 22A. STANDARDS FOR ARTIFICIAL INTELLIGENCE.

‘‘(a) MISSION.—The Institute shall—
‘‘(1) advance collaborative frameworks, standards, guidelines, and associated methods and techniques for artificial intelligence;
‘‘(2) support the development of a risk-mitigation framework for deploying artificial intelligence systems;
‘‘(3) support the development of technical standards and
guidelines that promote trustworthy artificial intelligence systems; and
‘‘(4) support the development of technical standards and
guidelines by which to test for bias in artificial intelligence
training data and applications.

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134 STAT. 4537

‘‘(b) SUPPORTING ACTIVITIES.—The Director of the National
Institute of Standards and Technology may—
‘‘(1) support measurement research and development of
best practices and voluntary standards for trustworthy artificial
intelligence systems, which may include—
‘‘(A) privacy and security, including for datasets used
to train or test artificial intelligence systems and software
and hardware used in artificial intelligence systems;
‘‘(B) advanced computer chips and hardware designed
for artificial intelligence systems;
‘‘(C) data management and techniques to increase the
usability of data, including strategies to systematically
clean, label, and standardize data into forms useful for
training artificial intelligence systems and the use of
common, open licenses;
‘‘(D) safety and robustness of artificial intelligence systems, including assurance, verification, validation, security,
control, and the ability for artificial intelligence systems
to withstand unexpected inputs and adversarial attacks;
‘‘(E) auditing mechanisms and benchmarks for
accuracy, transparency, verifiability, and safety assurance
for artificial intelligence systems;
‘‘(F) applications of machine learning and artificial
intelligence systems to improve other scientific fields and
engineering;
‘‘(G) model documentation, including performance
metrics and constraints, measures of fairness, training and
testing processes, and results;
‘‘(H) system documentation, including connections and
dependences within and between systems, and complications that may arise from such connections; and
‘‘(I) all other areas deemed by the Director to be critical
to the development and deployment of trustworthy artificial
intelligence;
‘‘(2) produce curated, standardized, representative, highvalue, secure, aggregate, and privacy protected data sets for
artificial intelligence research, development, and use;
‘‘(3) support one or more institutes as described in section
5201(b) of the National Artificial Intelligence Initiative Act
of 2020 for the purpose of advancing measurement science,
voluntary consensus standards, and guidelines for trustworthy
artificial intelligence systems;
‘‘(4) support and strategically engage in the development
of voluntary consensus standards, including international
standards, through open, transparent, and consensus-based
processes; and
‘‘(5) enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in the conduct of the work of the National Institute
of Standards and Technology and on such terms as the Director
considers appropriate, in furtherance of the purposes of this
division.
‘‘(c) RISK MANAGEMENT FRAMEWORK.—Not later than 2 years
after the date of the enactment of this Act, the Director shall
work to develop, and periodically update, in collaboration with
other public and private sector organizations, including the National

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Contracts.
Grants.

Deadline.
Updates.

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134 STAT. 4538

Guidelines.
Procedures.

Deadline.

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Science Foundation and the Department of Energy, a voluntary
risk management framework for trustworthy artificial intelligence
systems. The framework shall—
‘‘(1) identify and provide standards, guidelines, best practices, methodologies, procedures and processes for—
‘‘(A) developing trustworthy artificial intelligence systems;
‘‘(B) assessing the trustworthiness of artificial intelligence systems; and
‘‘(C) mitigating risks from artificial intelligence systems;
‘‘(2) establish common definitions and characterizations for
aspects of trustworthiness, including explainability, transparency, safety, privacy, security, robustness, fairness, bias,
ethics, validation, verification, interpretability, and other properties related to artificial intelligence systems that are common
across all sectors;
‘‘(3) provide case studies of framework implementation;
‘‘(4) align with international standards, as appropriate;
‘‘(5) incorporate voluntary consensus standards and
industry best practices; and
‘‘(6) not prescribe or otherwise require the use of specific
information or communications technology products or services.
‘‘(d) PARTICIPATION IN STANDARD SETTING ORGANIZATIONS.—
‘‘(1) REQUIREMENT.—The Institute shall participate in the
development of standards and specifications for artificial intelligence.
‘‘(2) PURPOSE.—The purpose of this participation shall be
to ensure—
‘‘(A) that standards promote artificial intelligence systems that are trustworthy; and
‘‘(B) that standards relating to artificial intelligence
reflect the state of technology and are fit-for-purpose and
developed in transparent and consensus-based processes
that are open to all stakeholders.
‘‘(e) DATA SHARING BEST PRACTICES.—Not later than 1 year
after the date of enactment of this Act, the Director shall, in
collaboration with other public and private sector organizations,
develop guidance to facilitate the creation of voluntary data sharing
arrangements between industry, federally funded research centers,
and Federal agencies for the purpose of advancing artificial intelligence research and technologies, including options for partnership
models between government entities, industry, universities, and
nonprofits that incentivize each party to share the data they collected.
‘‘(f) BEST PRACTICES FOR DOCUMENTATION OF DATA SETS.—
Not later than 1 year after the date of enactment of this Act,
the Director shall, in collaboration with other public and private
sector organizations, develop best practices for datasets used to
train artificial intelligence systems, including—
‘‘(1) standards for metadata that describe the properties
of datasets, including—
‘‘(A) the origins of the data;
‘‘(B) the intent behind the creation of the data;
‘‘(C) authorized uses of the data;

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134 STAT. 4539

‘‘(D) descriptive characteristics of the data, including
what populations are included and excluded from the
datasets; and
‘‘(E) any other properties as determined by the
Director; and
‘‘(2) standards for privacy and security of datasets with
human characteristics.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the National Institute of Standards and Technology to carry out this section—
‘‘(1) $64,000,000 for fiscal year 2021;
‘‘(2) $70,400,000 for fiscal year 2022;
‘‘(3) $77,440,000 for fiscal year 2023;
‘‘(4) $85,180,000 for fiscal year 2024; and
‘‘(5) $93,700,000 for fiscal year 2025.’’.
SEC. 5302. STAKEHOLDER OUTREACH.

15 USC 9441.

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In carrying out the activities under section 22A of the National
Institute of Standards and Technology Act (15 U.S.C. 271 et seq.)
as amended by title III of this Act, the Director shall—
(1) solicit input from university researchers, private sector
experts, relevant Federal agencies, Federal laboratories, State,
Tribal, and local governments, civil society groups, and other
relevant stakeholders;
(2) solicit input from experts in relevant fields of social
science, technology ethics, and law; and
(3) provide opportunity for public comment on guidelines
and best practices developed as part of the Initiative, as appropriate.

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SEC. 5303. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
ARTIFICIAL INTELLIGENCE CENTER.

15 USC 9442.

(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration (hereafter referred to as ‘‘the
Administrator’’) shall establish, a Center for Artificial Intelligence
(hereafter referred to as ‘‘the Center’’).
(b) CENTER GOALS.—The goals of the Center shall be to—
(1) coordinate and facilitate the scientific and technological
efforts related to artificial intelligence across the National Oceanic and Atmospheric Administration; and
(2) expand external partnerships, and build workforce proficiency to effectively transition artificial intelligence research
and applications to operations.
(c) COMPREHENSIVE PROGRAM.—Through the Center, the
Administrator shall implement a comprehensive program to
improve the use of artificial intelligence systems across the agency
in support of the mission of the National Oceanic and Atmospheric
Administration.
(d) CENTER PRIORITIES.—The priorities of the Center shall be
to—
(1) coordinate and facilitate artificial intelligence research
and innovation, tools, systems, and capabilities across the
National Oceanic and Atmospheric Administration;
(2) establish data standards and develop and maintain
a central repository for agency-wide artificial intelligence
applications;

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Coordination.

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134 STAT. 4540

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PUBLIC LAW 116–283—JAN. 1, 2021

(3) accelerate the transition of artificial intelligence
research to applications in support of the mission of the
National Oceanic and Atmospheric Administration;
(4) develop and conduct training for the workforce of the
National Oceanic and Atmospheric Administration related to
artificial intelligence research and application of artificial intelligence for such agency;
(5) facilitate partnerships between the National Oceanic
and Atmospheric Administration and other public sector
organizations, private sector organizations, and institutions of
higher education for research, personnel exchange, and
workforce development with respect to artificial intelligence
systems; and
(6) make data of the National Oceanic and Atmospheric
Administration accessible, available, and ready for artificial
intelligence applications.
(e) STAKEHOLDER ENGAGEMENT.—In carrying out the activities
authorized in this section, the Administrator shall—
(1) collaborate with a diverse set of stakeholders including
private sector entities and institutions of higher education;
(2) leverage the collective body of research on artificial
intelligence and machine learning; and
(3) engage with relevant Federal agencies, research communities, and potential users of data and methods made available
through the Center.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator to carry out this section
$10,000,000 for fiscal year 2021.
(g) PROTECTION OF NATIONAL SECURITY INTERESTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this section, the Administrator, in consultation with the Secretary of Defense as appropriate, may withhold models or data
used by the Center if the Administrator determines doing so
to be necessary to protect the national security interests of
the United States.
(2) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to supersede any other provision of law governing
the protection of the national security interests of the United
States.

TITLE LIV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.

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15 USC 9451.

SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.

(a) IN GENERAL.—the Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems and related fields, including competitive awards
or grants to institutions of higher education or eligible nonprofit
organizations (or consortia thereof).
(b) USES OF FUNDS.—In carrying out the activities under subsection (a), the Director of the National Science Foundation shall—
(1) support research, including interdisciplinary research,
on artificial intelligence systems and related areas, including

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134 STAT. 4541

fields and research areas that will contribute to the development and deployment of trustworthy artificial intelligence systems, and fields and research areas that address the application
of artificial intelligence systems to scientific discovery and societal challenges;
(2) use the existing programs of the National Science
Foundation, in collaboration with other Federal departments
and agencies, as appropriate to—
(A) improve the teaching and learning of topics related
to artificial intelligence systems in K-12 education and
postsecondary educational programs, including workforce
training and career and technical education programs,
undergraduate and graduate education programs, and in
informal settings; and
(B) increase participation in artificial intelligence
related fields, including by individuals identified in sections
33 and 34 of the Science and Engineering Equal Opportunity Act (42 U.S.C. 1885a, 1885b);
(3) support partnerships among institutions of higher education, Federal laboratories, nonprofit organizations, State,
local, and Tribal governments, industry, and potential users
of artificial intelligence systems that facilitate collaborative
research, personnel exchanges, and workforce development and
identify emerging research needs with respect to artificial intelligence systems;
(4) ensure adequate access to research and education infrastructure with respect to artificial intelligence systems, which
may include the development of new computing resources and
partnership with the private sector for the provision of cloudbased computing services;
(5) conduct prize competitions, as appropriate, pursuant
to section 24 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719);
(6) coordinate research efforts funded through existing programs across the directorates of the National Science Foundation;
(7) provide guidance on data sharing by grantees to public
and private sector organizations consistent with the standards
and guidelines developed under section 22A(e) of the National
Institute of Standards and Technology Act (as added by section
5301 of this division); and
(8) evaluate opportunities for international collaboration
with strategic allies on artificial intelligence research and
development.
(c) ENGINEERING SUPPORT.—In general, the Director shall
permit applicants to include in their proposed budgets funding
for software engineering support to assist with the proposed
research.
(d) ETHICS.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) a number of emerging areas of research, including
artificial intelligence, have potential ethical, social, safety,
and security risks that might be apparent as early as
the basic research stage;
(B) the incorporation of ethical, social, safety, and security considerations into the research design and review

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Evaluation.

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134 STAT. 4542

process for Federal awards may help mitigate potential
harms before they happen;
(C) the National Science Foundation’s agreement with
the National Academies of Sciences, Engineering, and
Medicine to conduct a study and make recommendations
with respect to governance of research in computing and
computing technologies is a positive step toward accomplishing this goal; and
(D) the National Science Foundation should continue
to work with stakeholders to understand and adopt policies
that promote best practices for governance of research in
emerging technologies at every stage of research.
(2) REPORT ON ETHICS STATEMENTS.—No later than 6
months after publication of the study described in paragraph
(1)(C), the Director shall report to Congress on options for
requiring an ethics or risk statement as part of all or a subset
of applications for research funding to the National Science
Foundation.
(e) EDUCATION.—
(1) IN GENERAL.—The Director of the National Science
Foundation shall award grants for artificial intelligence education research, development and related activities to support
K-12 and postsecondary education programs and activities,
including workforce training and career and technical education
programs and activities, undergraduate, graduate, and
postdoctoral education, and informal education programs and
activities that—
(A) support the development of a diverse workforce
pipeline for science and technology with respect to artificial
intelligence systems;
(B) increase awareness of potential ethical, social,
safety, and security risks of artificial intelligence systems;
(C) promote curriculum development for teaching topics
related to artificial intelligence, including in the field of
technology ethics;
(D) support efforts to achieve equitable access to K12 artificial intelligence education in diverse geographic
areas and for populations historically underrepresented in
science, engineering, and artificial intelligence fields; and
(E) promote the widespread understanding of artificial
intelligence principles and methods to create an educated
workforce and general public able to use products enabled
by artificial intelligence systems and adapt to future societal and economic changes caused by artificial intelligence
systems.
(2) ARTIFICIAL INTELLIGENCE FACULTY FELLOWSHIPS.—
(A) FACULTY RECRUITMENT FELLOWSHIPS.—
(i) IN GENERAL.—The Director of the National
Science Foundation shall establish a program to award
grants to eligible institutions of higher education to
recruit and retain tenure-track or tenured faculty in
artificial intelligence and related fields.
(ii) USE OF FUNDS.—An institution of higher education shall use grant funds provided under clause
(i) for the purposes of—
(I) recruiting new tenure-track or tenured faculty members that conduct research and teaching

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134 STAT. 4543

in artificial intelligence and related fields and
research areas, including technology ethics; and
(II) paying salary and benefits for the academic year of newly recruited tenure-track or
tenured faculty members for a duration of up to
three years.
(iii) ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION.—For purposes of this subparagraph, an
eligible institution of higher education is—
(I) a Historically Black College and University
(within the meaning of the term ‘‘part B institution’’ under section 322 of the Higher Education
Act of 1965), Tribal College or University, or other
minority-serving institution, as defined in section
371(a) of the Higher Education Act of 1965;
(II) an institution classified under the Carnegie Classification of Institutions of Higher Education as a doctorate-granting university with a
high level of research activity; or
(III) an institution located in a State jurisdiction eligible to participate in the National Science
Foundation’s Established Program to Stimulate
Competitive Research.
(B) FACULTY TECHNOLOGY ETHICS FELLOWSHIPS.—
(i) IN GENERAL.—The Director of the National
Science Foundation shall establish a program to award
fellowships to tenure-track and tenured faculty in
social and behavioral sciences, ethics, law, and related
fields to develop new research projects and partnerships in technology ethics.
(ii) PURPOSES.—The purposes of such fellowships
are to enable researchers in social and behavioral
sciences, ethics, law, and related fields to establish
new research and education partnerships with
researchers in artificial intelligence and related fields;
learn new techniques and acquire systematic knowledge in artificial intelligence and related fields; and
mentor and advise graduate students and postdocs pursuing research in technology ethics.
(iii) USES OF FUNDS.—A fellowship may include
salary and benefits for up to one academic year,
expenses to support coursework or equivalent training
in artificial intelligence systems, and additional such
expenses that the Director deems appropriate.
(C) UPDATE TO ROBERT NOYCE TEACHER SCHOLARSHIP
PROGRAM.—Section 10(i)(5) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–1(i)(5))
is amended by inserting ‘‘and artificial intelligence’’ after
‘‘computer science’’.
(3) UPDATE TO ADVANCED TECHNOLOGICAL EDUCATION PROGRAM.—
(A) IN GENERAL.—Section 3(b) of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)) is
amended by striking ‘‘10’’ and inserting ‘‘12’’.
(B) ARTIFICIAL INTELLIGENCE CENTERS OF EXCELLENCE.—The Director of the National Science Foundation
shall establish national centers of scientific and technical

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Evaluations.

Assessment.

Determination.

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education to advance education and workforce development
in areas related to artificial intelligence pursuant to section
3 of the Scientific and Advanced-Technology Act of 1992
(42 U.S.C. 1862(i)). Activities of such centers may include—
(i) the development, dissemination, and evaluation
of curriculum and other educational tools and methods
in artificial intelligence related fields and research
areas, including technology ethics;
(ii) the development and evaluation of artificial
intelligence related certifications for 2-year programs;
and
(iii) interdisciplinary science and engineering
research in employment-based adult learning and
career retraining related to artificial intelligence fields.
(f) NATIONAL SCIENCE FOUNDATION PILOT PROGRAM OF GRANTS
FOR RESEARCH IN RAPIDLY EVOLVING, HIGH PRIORITY TOPICS.—
(1) PILOT PROGRAM REQUIRED.—The Director of the
National Science Foundation shall establish a pilot program
to assess the feasibility and advisability of awarding grants
for the conduct of research in rapidly evolving, high priority
topics using funding mechanisms that require brief project
descriptions and internal merit review, and that may include
accelerated external review.
(2) DURATION.—
(A) IN GENERAL.—The Director shall carry out the pilot
program required by paragraph (1) during the 5-year period
beginning on the date of the enactment of this Act.
(B) ASSESSMENT AND CONTINUATION AUTHORITY.—After
the period set forth in paragraph (2)(A)—
(i) the Director shall assess the pilot program;
and
(ii) if the Director determines that it is both feasible and advisable to do so, the Director may continue
the pilot program.
(3) GRANTS.—In carrying out the pilot program, the
Director shall award grants for the conduct of research in
topics selected by the Director in accordance with paragraph
(4).
(4) TOPIC SELECTION.—The Director shall select topics for
research under the pilot program in accordance with the following:
(A) The Director shall select artificial intelligence as
the initial topic for the pilot program.
(B) The Director may select additional topics that the
Director determines are—
(i) rapidly evolving; and
(ii) of high importance to the economy and security
of the United States.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the National Science Foundation to carry
out this section—
(1) $868,000,000 for fiscal year 2021;
(2) $911,400,000 for fiscal year 2022;
(3) $956,970,000 for fiscal year 2023;
(4) $1,004,820,000 for fiscal year 2024; and
(5) $1,055,060,000 for fiscal year 2025.

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134 STAT. 4545

TITLE LV—DEPARTMENT OF ENERGY
ARTIFICIAL
INTELLIGENCE
RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research program.

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SEC. 5501. DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE
RESEARCH PROGRAM.

(a) IN GENERAL.—The Secretary shall carry out a cross-cutting
research and development program to advance artificial intelligence
tools, systems, capabilities, and workforce needs and to improve
the reliability of artificial intelligence methods and solutions relevant to the mission of the Department. In carrying out this program, the Secretary shall coordinate across all relevant offices
and programs at the Department, including the Office of Science,
the Office of Energy Efficiency and Renewable Energy, the Office
of Nuclear Energy, the Office of Fossil Energy, the Office of Electricity, the Office of Cybersecurity, Energy Security, and Emergency
Response, the Advanced Research Projects Agency-Energy, and any
other relevant office determined by the Secretary.
(b) RESEARCH AREAS.—In carrying out the program under subsection (a), the Secretary shall award financial assistance to eligible
entities to carry out research projects on topics including—
(1) the application of artificial intelligence systems to
improve large-scale simulations of natural and other phenomena;
(2) the study of applied mathematics, computer science,
and statistics, including foundations of methods and systems
of artificial intelligence, causal and statistical inference, and
the development of algorithms for artificial intelligence systems;
(3) the analysis of existing large-scale datasets from science
and engineering experiments and simulations, including energy
simulations and other priorities at the Department as determined by the Secretary using artificial intelligence tools and
techniques;
(4) the development of operation and control systems that
enhance automated, intelligent decisionmaking capabilities;
(5) the development of advanced computing hardware and
computer architecture tailored to artificial intelligence systems,
including the codesign of networks and computational hardware;
(6) the development of standardized datasets for emerging
artificial intelligence research fields and applications, including
methods for addressing data scarcity; and
(7) the development of trustworthy artificial intelligence
systems, including—
(A) algorithmic explainability;
(B) analytical methods for identifying and mitigating
bias in artificial intelligence systems; and
(C) safety and robustness, including assurance,
verification, validation, security, and control.
(c) TECHNOLOGY TRANSFER.—In carrying out the program under
subsection (a), the Secretary shall support technology transfer of
artificial intelligence systems for the benefit of society and United
States economic competitiveness.

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15 USC 9461.

Coordination.
Determination.

Analysis.
Data.
Determination.

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(d) FACILITY USE AND UPGRADES.—In carrying out the program
under subsection (a), the Secretary shall—
(1) make available high-performance computing infrastructure at national laboratories;
(2) make any upgrades necessary to enhance the use of
existing computing facilities for artificial intelligence systems,
including upgrades to hardware;
(3) establish new computing capabilities necessary to manage data and conduct high performance computing that enables
the use of artificial intelligence systems; and
(4) maintain and improve, as needed, networking infrastructure, data input and output mechanisms, and data analysis, storage, and service capabilities.
(e) REPORT ON ETHICS STATEMENTS.—Not later than 6 months
after publication of the study described in section 5401(d)(1)(C),
the Secretary shall report to Congress on options for requiring
an ethics or risk statement as part of all or a subset of applications
for research activities funded by the Department of Energy and
performed at Department of Energy national laboratories and user
facilities.
(f) RISK MANAGEMENT.—The Secretary shall review agency policies for risk management in artificial intelligence related projects
and issue as necessary policies and principles that are consistent
with the framework developed under section 22A(c) of the National
Institute of Standards and Technology Act (as added by section
5301 of this division).
(g) DATA PRIVACY AND SHARING.—The Secretary shall review
agency policies for data sharing with other public and private
sector organizations and issue as necessary policies and principles
that are consistent with the standards and guidelines submitted
under section 22A(e) of the National Institute of Standards and
Technology Act (as added by section 5301 of this division). In
addition, the Secretary shall establish a streamlined mechanism
for approving research projects or partnerships that require sharing
sensitive public or private data with the Department.
(h) PARTNERSHIPS WITH OTHER FEDERAL AGENCIES.—The Secretary may request, accept, and provide funds from other Federal
departments and agencies, State, United States territory, local,
or Tribal government agencies, private sector for-profit entities,
and nonprofit entities, to be available to the extent provided by
appropriations Acts, to support a research project or partnership
carried out under this section. The Secretary may not give any
special consideration to any agency or entity in return for a donation.
(i) STAKEHOLDER ENGAGEMENT.—In carrying out the activities
authorized in this section, the Secretary shall—
(1) collaborate with a range of stakeholders including small
businesses, institutes of higher education, industry, and the
National Laboratories;
(2) leverage the collective body of knowledge from existing
artificial intelligence and machine learning research; and
(3) engage with other Federal agencies, research communities, and potential users of information produced under this
section.
(j) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.

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134 STAT. 4547

(2) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Energy.
(3) NATIONAL LABORATORY.—The term ‘‘national laboratory’’
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) ELIGIBLE ENTITIES.—The term ‘‘eligible entities’’
means—
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a nonprofit research organization;
(F) a private sector entity; or
(G) a consortium of 2 or more entities described in
subparagraphs (A) through (F).
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Department to carry out this section—
(1) $200,000,000 for fiscal year 2021;
(2) $214,000,000 for fiscal year 2022;
(3) $228,980,000 for fiscal year 2023;
(4) $245,000,000 for fiscal year 2024; and
(5) $262,160,000 for fiscal year 2025.

DIVISION F—ANTI-MONEY LAUNDERING
SEC. 6001. SHORT TITLE.

This division may be cited as the ‘‘Anti-Money Laundering
Act of 2020’’.

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SEC. 6002. PURPOSES.

The purposes of this division are—
(1) to improve coordination and information sharing among
the agencies tasked with administering anti-money laundering
and countering the financing of terrorism requirements, the
agencies that examine financial institutions for compliance with
those requirements, Federal law enforcement agencies, national
security agencies, the intelligence community, and financial
institutions;
(2) to modernize anti-money laundering and countering
the financing of terrorism laws to adapt the government and
private sector response to new and emerging threats;
(3) to encourage technological innovation and the adoption
of new technology by financial institutions to more effectively
counter money laundering and the financing of terrorism;
(4) to reinforce that the anti-money laundering and countering the financing of terrorism policies, procedures, and controls of financial institutions shall be risk-based;
(5) to establish uniform beneficial ownership information
reporting requirements to—
(A) improve transparency for national security, intelligence, and law enforcement agencies and financial institutions concerning corporate structures and insight into the
flow of illicit funds through those structures;
(B) discourage the use of shell corporations as a tool
to disguise and move illicit funds;

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Anti-Money
Laundering Act
of 2020.
31 USC 5301
note.

31 USC 5311
note.

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(C) assist national security, intelligence, and law
enforcement agencies with the pursuit of crimes; and
(D) protect the national security of the United States;
and
(6) to establish a secure, nonpublic database at FinCEN
for beneficial ownership information.

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31 USC 5311
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SEC. 6003. DEFINITIONS.

In this division:
(1) BANK SECRECY ACT.—The term ‘‘Bank Secrecy Act’’
means—
(A) section 21 of the Federal Deposit Insurance Act
(12 U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91–508 (12 U.S.C.
1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United
States Code.
(2) ELECTRONIC FUND TRANSFER.—The term ‘‘electronic
fund transfer’’ has the meaning given the term in section 903
of the Electronic Fund Transfer Act (15 U.S.C. 1693a).
(3) FEDERAL FUNCTIONAL REGULATOR.—The term ‘‘Federal
functional regulator’’—
(A) has the meaning given the term in section 509
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809); and
(B) includes any Federal regulator that examines a
financial institution for compliance with the Bank Secrecy
Act.
(4) FINANCIAL AGENCY.—The term ‘‘financial agency’’ has
the meaning given the term in section 5312(a) of title 31,
United States Code, as amended by section 6102 of this division.
(5) FINANCIAL INSTITUTION.—The term ‘‘financial institution’’—
(A) has the meaning given the term in section 5312
of title 31, United States Code; and
(B) includes—
(i) an electronic fund transfer network; and
(ii) a clearing and settlement system.
(6) FINCEN.—The term ‘‘FinCEN’’ means the Financial
Crimes Enforcement Network of the Department of the
Treasury.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury.
(8) STATE BANK SUPERVISOR.—The term ‘‘State bank supervisor’’ has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
(9) STATE CREDIT UNION SUPERVISOR.—The term ‘‘State
credit union supervisor’’ means a State official described in
section 107A(e) of the Federal Credit Union Act (12 U.S.C.
1757a(e)).

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4549

TITLE LXI—STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTIMONEY LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec.
Sec.
Sec.
Sec.

6101.
6102.
6103.
6104.

Sec.
Sec.
Sec.
Sec.
Sec.

6105.
6106.
6107.
6108.
6109.

Sec. 6110.
Sec. 6111.
Sec. 6112.

Establishment of national exam and supervision priorities.
Strengthening FinCEN.
FinCEN Exchange.
Interagency anti-money laundering and countering the financing of terrorism personnel rotation program.
Terrorism and financial intelligence special hiring authority.
Treasury Attache´ program.
Establishment of FinCEN Domestic Liaisons.
Foreign Financial Intelligence Unit Liaisons.
Protection of information exchanged with foreign law enforcement and
financial intelligence units.
Bank Secrecy Act application to dealers in antiquities and assessment
of Bank Secrecy Act application to dealers in arts.
Increasing technical assistance for international cooperation.
International coordination.

SEC. 6101. ESTABLISHMENT OF NATIONAL EXAM AND SUPERVISION
PRIORITIES.

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(a) DECLARATION OF PURPOSE.—Subchapter II of chapter 53
of title 31, United States Code, is amended by striking section
5311 and inserting the following:
‘‘§ 5311. Declaration of purpose
‘‘It is the purpose of this subchapter (except section 5315)
to—
‘‘(1) require certain reports or records that are highly useful
in—
‘‘(A) criminal, tax, or regulatory investigations, risk
assessments, or proceedings; or
‘‘(B) intelligence or counterintelligence activities,
including analysis, to protect against terrorism;
‘‘(2) prevent the laundering of money and the financing
of terrorism through the establishment by financial institutions
of reasonably designed risk-based programs to combat money
laundering and the financing of terrorism;
‘‘(3) facilitate the tracking of money that has been sourced
through criminal activity or is intended to promote criminal
or terrorist activity;
‘‘(4) assess the money laundering, terrorism finance, tax
evasion, and fraud risks to financial institutions, products, or
services to—
‘‘(A) protect the financial system of the United States
from criminal abuse; and
‘‘(B) safeguard the national security of the United
States; and
‘‘(5) establish appropriate frameworks for information
sharing among financial institutions, their agents and service
providers, their regulatory authorities, associations of financial
institutions, the Department of the Treasury, and law enforcement authorities to identify, stop, and apprehend money
launderers and those who finance terrorists.’’.

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Compliance.

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(b) ANTI-MONEY LAUNDERING PROGRAMS.—Section 5318 of title
31, United States Code, is amended—
(1) in subsection (a)(1), by striking ‘‘subsection (b)(2)’’ and
inserting ‘‘subsections (b)(2) and (h)(4)’’; and
(2) in subsection (h)—
(A) in paragraph (1), in the matter preceding subparagraph (A)—
(i) by inserting ‘‘and the financing of terrorism’’
after ‘‘money laundering’’; and
(ii) by inserting ‘‘and countering the financing of
terrorism’’ after ‘‘anti-money laundering’’;
(B) in paragraph (2)—
(i) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(ii) by adding at the end the following:
‘‘(B) FACTORS.—In prescribing the minimum standards
under subparagraph (A), and in supervising and examining
compliance with those standards, the Secretary of the
Treasury, and the appropriate Federal functional regulator
(as defined in section 509 of the Gramm-Leach-Bliley Act
(12 U.S.C. 6809)) shall take into account the following:
‘‘(i) Financial institutions are spending private
compliance funds for a public and private benefit,
including protecting the United States financial system
from illicit finance risks.
‘‘(ii) The extension of financial services to the
underbanked and the facilitation of financial transactions, including remittances, coming from the United
States and abroad in ways that simultaneously prevent
criminal persons from abusing formal or informal
financial services networks are key policy goals of the
United States.
‘‘(iii) Effective anti-money laundering and countering the financing of terrorism programs safeguard
national security and generate significant public benefits by preventing the flow of illicit funds in the financial system and by assisting law enforcement and
national security agencies with the identification and
prosecution of persons attempting to launder money
and undertake other illicit activity through the financial system.
‘‘(iv) Anti-money laundering and countering the
financing of terrorism programs described in paragraph
(1) should be—
‘‘(I) reasonably designed to assure and monitor
compliance with the requirements of this subchapter and regulations promulgated under this
subchapter; and
‘‘(II) risk-based, including ensuring that more
attention and resources of financial institutions
should be directed toward higher-risk customers
and activities, consistent with the risk profile of
a financial institution, rather than toward lowerrisk customers and activities.’’; and
(C) by adding at the end the following:
‘‘(4) PRIORITIES.—

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134 STAT. 4551

‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this paragraph, the Secretary of the
Treasury, in consultation with the Attorney General, Federal functional regulators (as defined in section 509 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6809)), relevant
State financial regulators, and relevant national security
agencies, shall establish and make public priorities for
anti-money laundering and countering the financing of terrorism policy.
‘‘(B) UPDATES.—Not less frequently than once every
4 years, the Secretary of the Treasury, in consultation
with the Attorney General, Federal functional regulators
(as defined in section 509 of the Gramm-Leach-Bliley Act
(15 U.S.C. 6809)), relevant State financial regulators, and
relevant national security agencies, shall update the priorities established under subparagraph (A).
‘‘(C) RELATION TO NATIONAL STRATEGY.—The Secretary
of the Treasury shall ensure that the priorities established
under subparagraph (A) are consistent with the national
strategy for countering the financing of terrorism and
related forms of illicit finance developed under section 261
of the Countering Russian Influence in Europe and Eurasia
Act of 2017 (Public Law 115–44; 131 Stat. 934).
‘‘(D) RULEMAKING.—Not later than 180 days after the
date on which the Secretary of the Treasury establishes
the priorities under subparagraph (A), the Secretary of
the Treasury, acting through the Director of the Financial
Crimes Enforcement Network and in consultation with the
Federal functional regulators (as defined in section 509
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)) and relevant State financial regulators, shall, as appropriate,
promulgate regulations to carry out this paragraph.
‘‘(E) SUPERVISION AND EXAMINATION.—The review by
a financial institution of the priorities established under
subparagraph (A) and the incorporation of those priorities,
as appropriate, into the risk-based programs established
by the financial institution to meet obligations under this
subchapter, the USA PATRIOT Act (Public Law 107–56;
115 Stat. 272), and other anti-money laundering and countering the financing of terrorism laws and regulations shall
be included as a measure on which a financial institution
is supervised and examined for compliance with those
obligations.
‘‘(5) DUTY.—The duty to establish, maintain and enforce
an anti-money laundering and countering the financing of terrorism program as required by this subsection shall remain
the responsibility of, and be performed by, persons in the United
States who are accessible to, and subject to oversight and
supervision by, the Secretary of the Treasury and the appropriate Federal functional regulator (as defined in section 509
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)).’’.
(c) FINANCIAL CRIMES ENFORCEMENT NETWORK.—Section
310(b)(2) of title 31, United States Code, is amended—
(1) by redesignating subparagraph (J) as subparagraph
(O); and
(2) by inserting after subparagraph (I) the following:

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Deadline.
Consultation.
Public
information.

Time period.
Consultation.

Deadline.
Consultation.

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134 STAT. 4552

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(J)
Promulgate
regulations
under
section
5318(h)(4)(D), as appropriate, to implement the government-wide anti-money laundering and countering the
financing of terrorism priorities established by the Secretary of the Treasury under section 5318(h)(4)(A).
‘‘(K) Communicate regularly with financial institutions
and Federal functional regulators that examine financial
institutions for compliance with subchapter II of chapter
53 and regulations promulgated under that subchapter and
law enforcement authorities to explain the United States
Government’s anti-money laundering and countering the
financing of terrorism priorities.
‘‘(L) Give and receive feedback to and from financial
institutions, State bank supervisors, and State credit union
supervisors (as those terms are defined in section 6003
of the Anti-Money Laundering Act of 2020) regarding the
matters addressed in subchapter II of chapter 53 and regulations promulgated under that subchapter.
‘‘(M) Maintain money laundering and terrorist
financing investigation financial experts capable of identifying, tracking, and analyzing financial crime networks
and identifying emerging threats to support Federal civil
and criminal investigations.
‘‘(N) Maintain emerging technology experts to encourage the development of and identify emerging technologies
that can assist the United States Government or financial
institutions in countering money laundering and the
financing of terrorism.’’.

Regulations.

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SEC. 6102. STRENGTHENING FINCEN.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the mission of FinCEN should be to continue to safeguard the financial system from illicit activity, counter money
laundering and the financing of terrorism, and promote national
security through strategic use of financial authorities and the
collection, analysis, and dissemination of financial intelligence;
(2) in its mission to safeguard the financial system from
the abuses of financial crime, the United States should
prioritize working with partners in Federal, State, local, Tribal,
and foreign law enforcement authorities;
(3) although the use and trading of virtual currencies are
legal practices, some terrorists and criminals, including
transnational criminal organizations, seek to exploit
vulnerabilities in the global financial system and increasingly
rely on substitutes for currency, including emerging payment
methods (such as virtual currencies), to move illicit funds;
and
(4) in carrying out its mission, FinCEN should ensure
that its efforts fully support countering the financing of terrorism efforts, including making sure that steps to address
emerging methods of such illicit financing are high priorities.
(b) EXPANDING INFORMATION SHARING WITH TRIBAL AUTHORITIES.—Section 310(b)(2) of title 31, United States Code, is
amended—
(1) in subparagraphs (C), (E), and (F), by inserting ‘‘Tribal,’’
after ‘‘local,’’ each place that term appears; and
(2) in subparagraph (C)(vi), by striking ‘‘international’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4553

(c) EXPANSION OF REPORTING AUTHORITIES TO COMBAT MONEY
LAUNDERING.—Section 5318(a)(2) of title 31, United States Code,
is amended—
(1) by inserting ‘‘, including the collection and reporting
of certain information as the Secretary of the Treasury may
prescribe by regulation,’’ after ‘‘appropriate procedures’’; and
(2) by inserting ‘‘, the financing of terrorism, or other
forms of illicit finance’’ after ‘‘money laundering’’.
(d) VALUE THAT SUBSTITUTES FOR CURRENCY.—
(1) DEFINITIONS.—Section 5312(a) of title 31, United States
Code, is amended—
(A) in paragraph (1), by striking ‘‘, or a transaction
in money, credit, securities, or gold’’ and inserting ‘‘, a
transaction in money, credit, securities or gold, or a service
provided with respect to money, securities, futures, precious
metals, stones and jewels, or value that substitutes for
currency’’;
(B) in paragraph (2)—
(i) in subparagraph (J), by inserting ‘‘, or a business
engaged in the exchange of currency, funds, or value
that substitutes for currency or funds’’ before the semicolon at the end; and
(ii) in subparagraph (R), by striking ‘‘funds,’’ and
inserting ‘‘currency, funds, or value that substitutes
for currency,’’; and
(C) in paragraph (3)—
(i) in subparagraph (B), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(D) as the Secretary shall provide by regulation, value
that substitutes for any monetary instrument described
in subparagraph (A), (B), or (C).’’.
(2) REGISTRATION OF MONEY TRANSMITTING BUSINESSES.—
Section 5330(d) of title 31, United States Code, is amended—
(A) in paragraph (1)(A)—
(i) by striking ‘‘funds,’’ and inserting ‘‘currency,
funds, or value that substitutes for currency,’’; and
(ii) by striking ‘‘system;;’’ and inserting ‘‘system;’’;
and
(B) in paragraph (2)—
(i) by striking ‘‘currency or funds denominated in
the currency of any country’’ and inserting ‘‘currency,
funds, or value that substitutes for currency’’;
(ii) by striking ‘‘currency or funds, or the value
of the currency or funds,’’ and inserting ‘‘currency,
funds, or value that substitutes for currency’’; and
(iii) by inserting ‘‘, including’’ after ‘‘means’’.

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SEC. 6103. FINCEN EXCHANGE.

Section 310 of title 31, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (l); and
(2) by inserting after subsection (c) the following:
‘‘(d) FINCEN EXCHANGE.—
‘‘(1) ESTABLISHMENT.—The FinCEN Exchange is hereby
established within FinCEN.

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Time periods.

Analyses.

Recommendations.

Compliance.

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Procedures.

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(2) PURPOSE.—The FinCEN Exchange shall facilitate a
voluntary public-private information sharing partnership
among law enforcement agencies, national security agencies,
financial institutions, and FinCEN to—
‘‘(A) effectively and efficiently combat money laundering, terrorism financing, organized crime, and other
financial crimes, including by promoting innovation and
technical advances in reporting—
‘‘(i) under subchapter II of chapter 53 and the
regulations promulgated under that subchapter; and
‘‘(ii) with respect to other anti-money laundering
requirements;
‘‘(B) protect the financial system from illicit use; and
‘‘(C) promote national security.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection, and once every 2
years thereafter for the next 5 years, the Secretary of
the Treasury shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing—
‘‘(i) an analysis of the efforts undertaken by the
FinCEN Exchange, which shall include an analysis
of—
‘‘(I) the results of those efforts; and
‘‘(II) the extent and effectiveness of those
efforts, including any benefits realized by law
enforcement agencies from partnering with financial institutions, which shall be consistent with
standards protecting sensitive information; and
‘‘(ii) any legislative, administrative, or other recommendations the Secretary may have to strengthen
the efforts of the FinCEN Exchange.
‘‘(B) CLASSIFIED ANNEX.—Each report under subparagraph (A) may include a classified annex.
‘‘(4) INFORMATION SHARING REQUIREMENT.—Information
shared under this subsection shall be shared—
‘‘(A) in compliance with all other applicable Federal
laws and regulations;
‘‘(B) in such a manner as to ensure the appropriate
confidentiality of personal information; and
‘‘(C) at the discretion of the Director, with the appropriate Federal functional regulator, as defined in section
6003 of the Anti-Money Laundering Act of 2020.
‘‘(5) PROTECTION OF SHARED INFORMATION.—
‘‘(A) REGULATIONS.—FinCEN shall, as appropriate,
promulgate regulations that establish procedures for the
protection of information shared and exchanged between
FinCEN and the private sector in accordance with this
section, consistent with the capacity, size, and nature of
the financial institution to which the particular procedures
apply.
‘‘(B) USE OF INFORMATION.—Information received by
a financial institution pursuant to this section shall not
be used for any purpose other than identifying and
reporting on activities that may involve the financing of

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terrorism, money laundering, proliferation financing, or
other financial crimes.
‘‘(6) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to create new information sharing authorities
or requirements relating to the Bank Secrecy Act.’’.
SEC. 6104. INTERAGENCY ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM PERSONNEL
ROTATION PROGRAM.

31 USC 5311
note.

To promote greater effectiveness and efficiency in combating
money laundering, the financing of terrorism, proliferation
financing, serious tax fraud, trafficking, sanctions evasion and other
financial crimes, the Secretary shall maintain and accelerate efforts
to strengthen anti-money laundering and countering the financing
of terrorism efforts through a personnel rotation program between
the Federal functional regulators and the Department of Justice,
the Federal Bureau of Investigation, the Department of Homeland
Security, the Department of Defense, and such other agencies as
the Secretary determines are appropriate.

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SEC. 6105. TERRORISM AND FINANCIAL INTELLIGENCE SPECIAL
HIRING AUTHORITY.

(a) FINCEN.—Section 310 of title 31, United States Code, as
amended by section 6103 of this division, is amended by inserting
after subsection (d) the following:
‘‘(e) SPECIAL HIRING AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury may
appoint, without regard to the provisions of sections 3309
through 3318 of title 5, candidates directly to positions in
the competitive service, as defined in section 2102 of that
title, in FinCEN.
‘‘(2) PRIMARY RESPONSIBILITIES.—The primary responsibility of candidates appointed under paragraph (1) shall be
to provide substantive support in support of the duties described
in subparagraphs (A) through (O) of subsection (b)(2).’’.
(b) OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.—Section 312 of title 31, United States Code, is amended by adding
at the end the following:
‘‘(g) SPECIAL HIRING AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury may
appoint, without regard to the provisions of sections 3309
through 3318 of title 5, candidates directly to positions in
the competitive service, as defined in section 2102 of that
title, in the OTFI.
‘‘(2) PRIMARY RESPONSIBILITIES.—The primary responsibility of candidates appointed under paragraph (1) shall be
to provide substantive support in support of the duties described
in subparagraphs (A) through (G) of subsection (a)(4).
‘‘(h) DEPLOYMENT OF STAFF.—The Secretary of the Treasury
may detail, without regard to the provisions of section 300.301
of title 5, Code of Federal Regulations, any employee in the OTFI
to any position in the OTFI for which the Secretary has determined
there is a need.’’.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, and every 2 years thereafter for 5 years, the Secretary
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report that includes the number

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Appointments.

Detailees.

Time periods.

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PUBLIC LAW 116–283—JAN. 1, 2021

of new employees hired during the previous year under the authorities described in sections 310 and 312 of title 31, United States
Code, along with position titles and associated pay grades for such
hires.
´ PROGRAM.
SEC. 6106. TREASURY ATTACHE

(a) IN GENERAL.—Subchapter I of chapter 3 of title 31, United
States Code, is amended by adding at the end the following:
31 USC 316.
Appointments.

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Coordination.

Time period.

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‘‘§ 316. Treasury Attache´ Program
‘‘(a) IN GENERAL.—There is established the Treasury Financial
Attache´ Program, under which the Secretary of the Treasury shall
appoint employees of the Department of the Treasury as a Treasury
Financial Attache´, who shall—
‘‘(1) further the work of the Department of the Treasury
in developing and executing the financial and economic policy
of the United States Government and the international fight
against terrorism, money laundering, and other illicit finance;
‘‘(2) be co-located in a United States Embassy, a similar
United States Government facility, or a foreign government
facility, as the Secretary determines is appropriate;
‘‘(3) establish and maintain relationships with foreign
counterparts, including employees of ministries of finance, central banks, international financial institutions, and other relevant official entities;
‘‘(4) conduct outreach to local and foreign financial institutions and other commercial actors;
‘‘(5) coordinate with representatives of the Department of
Justice at United States Embassies who perform similar functions on behalf of the United States Government; and
‘‘(6) perform such other actions as the Secretary determines
are appropriate.
‘‘(b) NUMBER OF ATTACHE´ S.—
‘‘(1) IN GENERAL.—The number of Treasury Financial
Attache´s appointed under this section at any one time shall
be not fewer than 6 more employees than the number of
employees of the Department of the Treasury serving as
Treasury attache´s on the date of enactment of this section.
‘‘(2) ADDITIONAL POSTS.—The Secretary of the Treasury
may establish additional posts subject to the availability of
appropriations.
‘‘(c) COMPENSATION.—
‘‘(1) IN GENERAL.—Each Treasury Financial Attache´
appointed under this section and located at a United States
Embassy shall receive compensation, including allowances, at
the higher of—
‘‘(A) the rate of compensation, including allowances,
provided to a Foreign Service officer serving at the same
embassy; and
‘‘(B) the rate of compensation, including allowances,
the Treasury Financial Attache´ would otherwise have
received, absent the application of this subsection.
‘‘(2) PHASE IN.—The compensation described in paragraph
(1) shall be phased in over 2 years.’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4557

(b) CLERICAL AMENDMENT.—The table of sections for chapter
3 of title 31, United States Code, is amended by inserting after
the item relating to section 315 the following:

31 USC 301 prec.

‘‘316. Treasury Attache´ Program.’’.

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SEC. 6107. ESTABLISHMENT OF FINCEN DOMESTIC LIAISONS.

Section 310 of title 31, United States Code, as amended by
sections 6103 and 6105 of this division, is amended by inserting
after subsection (e) the following:
‘‘(f) FINCEN DOMESTIC LIAISONS.—
‘‘(1) ESTABLISHMENT OF OFFICE.—There is established in
FinCEN an Office of Domestic Liaison, which shall be headed
by the Chief Domestic Liaison.
‘‘(2) LOCATION.—The Office of the Domestic Liaison shall
be located in the District of Columbia.
‘‘(g) CHIEF DOMESTIC LIAISON.—
‘‘(1) IN GENERAL.—The Chief Domestic Liaison, shall—
‘‘(A) report directly to the Director; and
‘‘(B) be appointed by the Director, from among individuals with experience or familiarity with anti-money laundering program examinations, supervision, and enforcement.
‘‘(2) COMPENSATION.—The annual rate of pay for the Chief
Domestic Liaison shall be equal to the highest rate of annual
pay for similarly situated senior executives who report to the
Director.
‘‘(3) STAFF OF OFFICE.—The Chief Domestic Liaison, with
the concurrence of the Director, may retain or employ counsel,
research staff, and service staff, as the Liaison determines
necessary to carry out the functions, powers, and duties under
this subsection.
‘‘(4) DOMESTIC LIAISONS.—The Chief Domestic Liaison, with
the concurrence of the Director, shall appoint not fewer than
6 senior FinCEN employees as FinCEN Domestic Liaisons,
who shall—
‘‘(A) report to the Chief Domestic Liaison;
‘‘(B) each be assigned to focus on a specific region
of the United States; and
‘‘(C) be located at an office in such region or co-located
at an office of the Board of Governors of the Federal
Reserve System in such region.
‘‘(5) FUNCTIONS OF THE DOMESTIC LIAISONS.—
‘‘(A) IN GENERAL.—Each Domestic Liaison shall—
‘‘(i) in coordination with relevant Federal functional regulators, perform outreach to BSA officers at
financial institutions, including nonbank financial
institutions, and persons that are not financial institutions, especially with respect to actions taken by
FinCEN that require specific actions by, or have specific effects on, such institutions or persons, as determined by the Director;
‘‘(ii) in accordance with applicable agreements,
receive feedback from financial institutions and examiners of Federal functional regulators regarding their
examinations under the Bank Secrecy Act and communicate that feedback to FinCEN, the Federal functional
regulators, and State bank supervisors;

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District of
Columbia.

Appointment.

Appointments.

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Analysis.

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Recommendations.
Coordination.

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‘‘(iii) promote coordination and consistency of
supervisory guidance from FinCEN, the Federal functional regulators, State bank supervisors, and State
credit union supervisors regarding the Bank Secrecy
Act;
‘‘(iv) act as a liaison between financial institutions
and their Federal functional regulators, State bank
supervisors, and State credit union supervisors with
respect to information sharing matters involving the
Bank Secrecy Act and regulations promulgated thereunder;
‘‘(v) establish safeguards to maintain the confidentiality of communications between the persons
described in clause (ii) and the Office of Domestic
Liaison;
‘‘(vi) to the extent practicable, periodically propose
to the Director changes in the regulations, guidance,
or orders of FinCEN, including any legislative or
administrative changes that may be appropriate to
ensure improved coordination and expand information
sharing under this paragraph; and
‘‘(vii) perform such other duties as the Director
determines to be appropriate.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to permit the Domestic Liaisons
to have authority over supervision, examination, or enforcement processes.
‘‘(6) ACCESS TO DOCUMENTS.—FinCEN, to the extent practicable and consistent with appropriate safeguards for sensitive
enforcement-related, pre-decisional, or deliberative information,
shall ensure that the Domestic Liaisons have full access to
the documents of FinCEN, as necessary to carry out the functions of the Office of Domestic Liaison.
‘‘(7) ANNUAL REPORTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection and every 2 years
thereafter for 5 years, the Director shall submit to the
Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of
the House of Representatives a report on the objectives
of the Office of Domestic Liaison for the following fiscal
year and the activities of the Office during the immediately
preceding fiscal year.
‘‘(B) CONTENTS.—Each report required under subparagraph (A) shall include—
‘‘(i) appropriate statistical information and full and
substantive analysis;
‘‘(ii) information on steps that the Office of
Domestic Liaison has taken during the reporting period
to address feedback received by financial institutions
and examiners of Federal functional regulators relating
to examinations under the Bank Secrecy Act;
‘‘(iii) recommendations to the Director for such
administrative and legislative actions as may be appropriate to address information sharing and coordination
issues encountered by financial institutions or examiners of Federal functional regulators; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4559

‘‘(iv) any other information, as determined appropriate by the Director.
INFORMATION.—Notwithstanding
‘‘(C)
SENSITIVE
subparagraph (D), FinCEN shall review each report
required under subparagraph (A) before the report is submitted to ensure the report does not disclose sensitive
information.
‘‘(D) INDEPENDENCE.—
‘‘(i) IN GENERAL.—Each report required under
subparagraph (A) shall be provided directly to the
committees listed in that subparagraph, except that
a relevant Federal functional regulator, State bank
supervisor, Office of Management and Budget, or State
credit union supervisor shall have an opportunity for
review and comment before the submission of the
report.
‘‘(ii) RULE OF CONSTRUCTION.—Nothing in clause
(i) may be construed to preclude FinCEN or any other
department or agency from reviewing a report required
under subparagraph (A) for the sole purpose of protecting—
‘‘(I) sensitive information obtained by a law
enforcement agency; and
‘‘(II) classified information.
‘‘(E) CLASSIFIED INFORMATION.—No report required
under subparagraph (A) may contain classified information.
‘‘(8) DEFINITION.—In this subsection, the term ‘Federal
functional regulator’ has the meaning given the term in section
6003 of the Anti-Money Laundering Act of 2020.’’.

Reviews.

Reviews.

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SEC. 6108. FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS.

Section 310 of title 31, United States Code, as amended by
sections 6103, 6105, and 6107 of this division, is amended by
inserting after subsection (g) the following:
‘‘(h) FINCEN FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS.—
‘‘(1) IN GENERAL.—The Director of FinCEN shall appoint
not fewer than 6 Foreign Financial Intelligence Unit Liaisons,
who shall—
‘‘(A) be knowledgeable about domestic or international
anti-money laundering or countering the financing of terrorism laws and regulations;
‘‘(B) possess a technical understanding of the Bank
Secrecy Act, the protocols of the Egmont Group of Financial
Intelligence Units, and the Financial Action Task Force
and the recommendations issued by that Task Force;
‘‘(C) be co-located in a United States embassy, a similar
United States Government facility, or a foreign government
facility, as appropriate;
‘‘(D) facilitate capacity building and perform outreach
with respect to anti-money laundering and countering the
financing of terrorism regulatory and analytical frameworks;
‘‘(E) establish and maintain relationships with officials
from foreign intelligence units, regulatory authorities, ministries of finance, central banks, law enforcement agencies,
and other competent authorities;

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134 STAT. 4560

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(F) participate in industry outreach engagements with
foreign financial institutions and other commercial actors
on anti-money laundering and countering the financing
of terrorism issues;
‘‘(G) coordinate with representatives of the Department
of Justice at United States Embassies who perform similar
functions on behalf of the United States Government; and
‘‘(H) perform such other duties as the Director determines to be appropriate.
‘‘(2) COMPENSATION.—Each Foreign Financial Intelligence
Unit Liaison appointed under paragraph (1) shall receive compensation at the higher of—
‘‘(A) the rate of compensation paid to a Foreign Service
officer at a comparable career level serving at the same
embassy or facility, as applicable; or
‘‘(B) the rate of compensation that the Liaison would
have otherwise received.’’.

Coordination.

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SEC. 6109. PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN
LAW ENFORCEMENT AND FINANCIAL INTELLIGENCE
UNITS.

(a) IN GENERAL.—Section 310 of title 31, United States Code,
as amended by sections 6103, 6105, 6107, and 6108 of this division,
is amended by inserting after subsection (h) the following:
‘‘(i) PROTECTION OF INFORMATION OBTAINED BY FOREIGN LAW
ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS; FREEDOM OF
INFORMATION ACT.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) FOREIGN ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM AUTHORITY.—The
term ‘foreign anti-money laundering and countering the
financing of terrorism authority’ means any foreign agency
or authority that is empowered under foreign law to regulate or supervise foreign financial institutions (or designated non-financial businesses and professions) with
respect to laws concerning anti-money laundering and countering the financing of terrorism and proliferation.
‘‘(B) FOREIGN FINANCIAL INTELLIGENCE UNIT.—The
term ‘foreign financial intelligence unit’ means any foreign
agency or authority, including a foreign financial intelligence unit that is a member of the Egmont Group of
Financial Intelligence Units, that is empowered under foreign law as a jurisdiction’s national center for—
‘‘(i) receipt and analysis of suspicious transaction
reports and other information relevant to money laundering, associated predicate offenses, and the financing
of terrorism; and
‘‘(ii) the dissemination of the results of the analysis
described in clause (i).
‘‘(C) FOREIGN LAW ENFORCEMENT AUTHORITY.—The
term ‘foreign law enforcement authority’ means any foreign
agency or authority that is empowered under foreign law
to detect, investigate, or prosecute potential violations of
law.
‘‘(2) INFORMATION EXCHANGED WITH FOREIGN LAW ENFORCEMENT AUTHORITIES, FOREIGN FINANCIAL INTELLIGENCE UNITS,

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4561

AND FOREIGN ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM AUTHORITIES.—
‘‘(A) IN GENERAL.—The Department of the Treasury

may not be compelled to search for or disclose information
exchanged with a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority.
‘‘(B) INAPPLICABILITY OF FREEDOM OF INFORMATION
ACT.—
‘‘(i) IN GENERAL.—Section 552(a)(3) of title 5 (commonly known as the ‘Freedom of Information Act’)
shall not apply to any request for records or information exchanged between the Department of the
Treasury and a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money
laundering and countering the financing of terrorism
authority.
‘‘(ii) SPECIFICALLY EXEMPTED BY STATUTE.—For
purposes of section 552 of title 5, this paragraph shall
be considered a statute described in subsection (b)(3)(B)
of that section.
‘‘(C) CLARIFICATION ON INFORMATION LIMITATIONS AND
PROTECTIONS.—
‘‘(i) IN GENERAL.—The provisions of this paragraph
shall apply only to information necessary to exercise
the duties and powers described under subsection (b).
‘‘(ii) APPROPRIATE CONFIDENTIALITY, CLASSIFICATION, AND DATA SECURITY REQUIREMENTS.—The Secretary, in consultation with the Director, shall ensure
that information provided to a foreign law enforcement
authority, foreign financial intelligence unit, or foreign
anti-money laundering and countering the financing
of terrorism authority, is subject to appropriate confidentiality, classification, and data security requirements.
‘‘(3) SAVINGS PROVISION.—Nothing in this section shall
authorize the Department of the Treasury to withhold information from Congress, decline to carry out a search for information
requested by Congress, or prevent the Department of the
Treasury from complying with an order of a court of the United
States in an action commenced by the United States.’’.
(b) AVAILABILITY OF REPORTS.—Section 5319 of title 31, United
States Code, is amended, in the fourth sentence, by inserting
‘‘search and’’ before ‘‘disclosure’’.

Applicability.

Consultation.

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SEC. 6110. BANK SECRECY ACT APPLICATION TO DEALERS IN ANTIQUITIES AND ASSESSMENT OF BANK SECRECY ACT
APPLICATION TO DEALERS IN ARTS.

(a) BANK SECRECY ACT AMENDMENT.—
(1) IN GENERAL.—Section 5312(a)(2) of title 31, United
States Code, is amended—
(A) by redesignating subparagraphs (Y) and (Z) as
subparagraphs (Z) and (AA), respectively; and
(B) by inserting after subparagraph (X) the following:
‘‘(Y) a person engaged in the trade of antiquities,
including an advisor, consultant, or any other person who
engages as a business in the solicitation or the sale of

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134 STAT. 4562

31 USC 5312
note.

31 USC 5312
note.
Deadline.

Coordination.

Determination.

Coordination.
Analyses.

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Evaluation.

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PUBLIC LAW 116–283—JAN. 1, 2021

antiquities, subject to regulations prescribed by the Secretary;’’.
(2) EFFECTIVE DATE.—Section 5312(a)(2)(Y) of title 31,
United States Code, as added by paragraph (1), shall take
effect on the effective date of the final rules issued by the
Secretary of the Treasury pursuant to subsection (b).
(b) RULEMAKING.—
(1) IN GENERAL.—Not later than 360 days after the date
of enactment of this Act, the Secretary of the Treasury shall
issue proposed rules to carry out the amendments made by
subsection (a).
(2) CONSIDERATIONS.—Before issuing a proposed rule under
paragraph (1), the Secretary of the Treasury (acting through
the Director of the FinCEN), in coordination with the Federal
Bureau of Investigation, the Attorney General, and Homeland
Security Investigations, shall consider—
(A) the appropriate scope for the rulemaking, including
determining which persons should be subject to the rulemaking, by size, type of business, domestic or international
geographical locations, or otherwise;
(B) the degree to which the regulations should focus
on high-value trade in antiquities, and on the need to
identify the actual purchasers of such antiquities, in addition to the agents or intermediaries acting for or on behalf
of such purchasers;
(C) the need, if any, to identify persons who are dealers,
advisors, consultants, or any other persons who engage
as a business in the trade in antiquities;
(D) whether thresholds should apply in determining
which persons to regulate;
(E) whether certain exemptions should apply to the
regulations; and
(F) any other matter the Secretary determines appropriate.
(c) STUDY OF THE FACILITATION OF MONEY LAUNDERING AND
TERROR FINANCE THROUGH THE TRADE IN WORKS OF ART.—The
Secretary, in coordination with the Director of the Federal Bureau
of Investigation, the Attorney General, and the Secretary of Homeland Security, shall perform a study of the facilitation of money
laundering and the financing of terrorism through the trade in
works of art, including an analysis of—
(1) the extent to which the facilitation of money laundering
and terror finance through the trade in works of art may
enter or affect the financial system of the United States,
including any qualitative or quantitative data or statistics;
(2) an evaluation of which markets, by size, entity type,
domestic or international geographical locations, or otherwise,
should be subject to any regulations;
(3) the degree to which the regulations, if any, should
focus on high-value trade in works of art, and on the need
to identify the actual purchasers of such works, in addition
to the agents or intermediaries acting for or on behalf of such
purchasers;
(4) the need, if any, to identify persons who are dealers,
advisors, consultants, or any other persons who engage as
a business in the trade in works of art;

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134 STAT. 4563

(5) whether thresholds and definitions should apply in
determining which entities, if any, to regulate;
(6) an evaluation of whether certain exemptions should
apply;
(7) whether information on certain transactions in the trade
in works of art has a high degree of usefulness in criminal,
tax, or regulatory matters; and
(8) any other matter the Secretary determines is appropriate.
(d) REPORT.—Not later than 360 days after the date of enactment of this Act, the Secretary, in coordination with the Director
of the Federal Bureau of Investigation, the Attorney General, and
the Secretary of Homeland Security, shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
a report that contains all findings and determinations made in
carrying out the study required under subsection (c).
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended—
(A) in section 104(i)(1)(C) (22 U.S.C. 8513(i)(1)(C)), by
striking ‘‘(Y)’’ and inserting ‘‘(Z)’’; and
(B) in section 104A(d)(1) (22 U.S.C. 8513b(d)(1)), by
striking ‘‘(Y)’’ and inserting ‘‘(Z)’’.
(2) Section 2(4) of the Ukraine Freedom Support Act of
2014 (22 U.S.C. 8921(4)) is amended by striking ‘‘(Y)’’ and
inserting ‘‘(Z)’’.

Evaluation.

Coordination.
Determinations.

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SEC. 6111. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL
COOPERATION.

(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary for the purpose described in paragraph (2)
$60,000,000 for each of fiscal years 2020 through 2024.
(2) PURPOSE DESCRIBED.—The purpose described in this
paragraph is the provision of technical assistance to foreign
countries, and financial institutions in foreign countries, that
promotes compliance with international standards and best
practices, including in particular international standards and
best practices relating to the establishment of effective antimoney laundering programs and programs for countering the
financing of terrorism.
(3) SENSE OF CONGRESS.—It is the sense of Congress that
this subsection could affect a number of Federal agencies and
departments and the Secretary should, as appropriate, consult
with the heads of those affected agencies and departments,
including the Attorney General, in providing the technical
assistance required under this subsection.
(b) REPORT ON TECHNICAL ASSISTANCE PROVIDED BY OFFICE
OF TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and every 2 years thereafter for
5 years, the Secretary shall submit to Congress a report on
the assistance described in subsection (a)(2) provided by the
Office of Technical Assistance of the Department of the
Treasury.

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134 STAT. 4564

PUBLIC LAW 116–283—JAN. 1, 2021
(2) ELEMENTS.—Each report required under paragraph (1)
shall include—
(A) a description of the strategic goals of the Office
of Technical Assistance in the year preceding submission
of the report, including an explanation of how technical
assistance provided by the Office in that year advanced
those goals;
(B) a description of technical assistance provided by
the Office in that year, including the objectives and delivery
methods of the assistance;
(C) a list of beneficiaries and providers (other than
Office staff) of the technical assistance during that year;
and
(D) a description of how—
(i) technical assistance provided by the Office complements, duplicates, or otherwise affects or is affected
by technical assistance provided by the international
financial institutions (as defined in section 1701(c) of
the International Financial Institutions Act (22 U.S.C.
262r(c))); and
(ii) efforts to coordinate the technical assistance
described in clause (i).

SEC. 6112. INTERNATIONAL COORDINATION.
31 USC 5311
note.

22 USC
262p–13 note.

(a) IN GENERAL.—The Secretary shall work with foreign
counterparts of the Secretary, including through bilateral contacts,
the Financial Action Task Force, the International Monetary Fund,
the World Bank, the Egmont Group of Financial Intelligence Units,
the Organisation for Economic Co-operation and Development, the
Basel Committee on Banking Supervision, and the United Nations,
to promote stronger anti-money laundering frameworks and enforcement of anti-money laundering laws.
(b) SUPPORT FOR STRENGTHENING THE CAPACITY OF THE INTERNATIONAL MONETARY FUND TO PREVENT MONEY LAUNDERING AND
THE FINANCING OF TERRORISM.—Section 7125 of the Otto Warmbier
North Korea Nuclear Sanctions and Enforcement Act of 2019 (title
LXXI of division F of Public Law 116–92; 133 Stat. 2249) is
amended—
(1) in subsection (b), by striking ‘‘5’’ and inserting ‘‘6’’;
and
(2) in subsection (c), by striking ‘‘2023’’ and inserting
‘‘2024’’.

TITLE LXII—MODERNIZING THE ANTIMONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM SYSTEM

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Sec.
Sec.
Sec.
Sec.

Annual reporting requirements.
Additional considerations for suspicious activity reporting requirements.
Law enforcement feedback on suspicious activity reports.
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.

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6202.
6203.
6204.

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

6208.
6209.
6210.
6211.
6212.

Sec.
Sec.
Sec.
Sec.

6213.
6214.
6215.
6216.

134 STAT. 4565

Establishment of Bank Secrecy Act Innovation Officers.
Testing methods rulemaking.
Financial technology assessment.
Financial crimes tech symposium.
Pilot program on sharing of information related to suspicious activity reports within a financial group.
Sharing of compliance resources.
Encouraging information sharing and public-private partnerships.
Financial services de-risking.
Review of regulations and guidance.

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SEC. 6201. ANNUAL REPORTING REQUIREMENTS.

(a) ANNUAL REPORT.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Attorney
General, in consultation with the Secretary, Federal law enforcement agencies, the Director of National Intelligence, Federal functional regulators, and the heads of other appropriate Federal agencies, shall submit to the Secretary a report that contains statistics,
metrics, and other information on the use of data derived from
financial institutions reporting under the Bank Secrecy Act (referred
to in this subsection as the ‘‘reported data’’), including—
(1) the frequency with which the reported data contains
actionable information that leads to—
(A) further procedures by law enforcement agencies,
including the use of a subpoena, warrant, or other legal
process; or
(B) actions taken by intelligence, national security,
or homeland security agencies;
(2) calculations of the time between the date on which
the reported data is reported and the date on which the reported
data is used by law enforcement, intelligence, national security,
or homeland security agencies, whether through the use of—
(A) a subpoena or warrant; or
(B) other legal process or action;
(3) an analysis of the transactions associated with the
reported data, including whether—
(A) the suspicious accounts that are the subject of
the reported data were held by legal entities or individuals;
and
(B) there are trends and patterns in cross-border transactions to certain countries;
(4) the number of legal entities and individuals identified
by the reported data;
(5) information on the extent to which arrests, indictments,
convictions, criminal pleas, civil enforcement or forfeiture
actions, or actions by national security, intelligence, or homeland security agencies were related to the use of the reported
data; and
(6) data on the investigations carried out by State and
Federal authorities resulting from the reported data.
(b) REPORT.—Beginning with the fifth report submitted under
subsection (a), and once every 5 years thereafter, that report shall
include a section describing the use of data derived from reporting
by financial institutions under the Bank Secrecy Act over the 5
years preceding the date on which the report is submitted, which
shall include a description of long-term trends and the use of
long-term statistics, metrics, and other information.
(c) TRENDS, PATTERNS, AND THREATS.—Each report required
under subsection (a) and each section included under subsection
(b) shall contain a description of retrospective trends and emerging

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note.
Time period.
Consultation.
Data.

Analysis.

Effective date.
Time period.
Data.

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PUBLIC LAW 116–283—JAN. 1, 2021

patterns and threats in money laundering and the financing of
terrorism, including national and regional trends, patterns, and
threats relevant to the classes of financial institutions that the
Attorney General determines appropriate.
(d) USE OF REPORT INFORMATION.—The Secretary shall use
the information reported under subsections (a), (b), and (c)—
(1) to help assess the usefulness of reporting under the
Bank Secrecy Act to—
(A) criminal and civil law enforcement agencies;
(B) intelligence, defense, and homeland security agencies; and
(C) Federal functional regulators;
(2) to enhance feedback and communications with financial
institutions and other entities subject to requirements under
the Bank Secrecy Act, including by providing more detail in
the reports published and distributed under section 314(d) of
the USA PATRIOT Act (31 U.S.C. 5311 note);
(3) to assist FinCEN in considering revisions to the
reporting requirements promulgated under section 314(d) of
the USA PATRIOT Act (31 U.S.C. 5311 note); and
(4) for any other purpose the Secretary determines is appropriate.
(e) CONFIDENTIALITY.—Any information received by a financial
institution under this section shall be subject to confidentiality
requirements established by the Secretary.
SEC. 6202. ADDITIONAL CONSIDERATIONS FOR SUSPICIOUS ACTIVITY
REPORTING REQUIREMENTS.

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Section 5318(g) of title 31, United States Code, is amended
by adding at the end the following:
‘‘(5) CONSIDERATIONS IN IMPOSING REPORTING REQUIREMENTS.—
‘‘(A) DEFINITIONS.—In this paragraph, the terms ‘Bank
Secrecy Act’, ‘Federal functional regulator’, ‘State bank
supervisor’, and ‘State credit union supervisor’ have the
meanings given the terms in section 6003 of the AntiMoney Laundering Act of 2020.
‘‘(B) REQUIREMENTS.—In imposing any requirement to
report any suspicious transaction under this subsection,
the Secretary of the Treasury, in consultation with the
Attorney General, appropriate representatives of State
bank supervisors, State credit union supervisors, and the
Federal functional regulators, shall consider items that
include—
‘‘(i) the national priorities established by the Secretary;
‘‘(ii) the purposes described in section 5311; and
‘‘(iii) the means by or form in which the Secretary
shall receive such reporting, including the burdens
imposed by such means or form of reporting on persons
required to provide such reporting, the efficiency of
the means or form, and the benefits derived by the
means or form of reporting by Federal law enforcement
agencies and the intelligence community in countering
financial crime, including money laundering and the
financing of terrorism.

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134 STAT. 4567

‘‘(C) COMPLIANCE PROGRAM.—Reports filed under this
subsection shall be guided by the compliance program of
a covered financial institution with respect to the Bank
Secrecy Act, including the risk assessment processes of
the covered institution that should include a consideration
of priorities established by the Secretary of the Treasury
under section 5318.
‘‘(D) STREAMLINED DATA AND REAL-TIME REPORTING.—
‘‘(i) REQUIREMENT TO ESTABLISH SYSTEM.—In considering the means by or form in which the Secretary
of the Treasury shall receive reporting pursuant to
subparagraph (B)(iii), the Secretary of the Treasury,
acting through the Director of the Financial Crimes
Enforcement Network, and in consultation with appropriate representatives of the State bank supervisors,
State credit union supervisors, and Federal functional
regulators, shall—
‘‘(I) establish streamlined, including automated, processes to, as appropriate, permit the
filing of noncomplex categories of reports that—
‘‘(aa) reduce burdens imposed on persons
required to report; and
‘‘(bb) do not diminish the usefulness of
the reporting to Federal law enforcement
agencies, national security officials, and the
intelligence community in combating financial
crime, including the financing of terrorism;
‘‘(II) subject to clause (ii)—
‘‘(aa) permit streamlined, including automated, reporting for the categories described
in subclause (I); and
‘‘(bb) establish the conditions under which
the reporting described in item (aa) is permitted; and
‘‘(III) establish additional systems and processes as necessary to allow for the reporting
described in subclause (II)(aa).
‘‘(ii) STANDARDS.—The Secretary of the Treasury—
‘‘(I) in carrying out clause (i), shall establish
standards to ensure that streamlined reports
relate to suspicious transactions relevant to potential violations of law (including regulations); and
‘‘(II) in establishing the standards under subclause (I), shall consider transactions, including
structured transactions, designed to evade any
regulation promulgated under this subchapter, certain fund and asset transfers with little or no
apparent economic or business purpose, transactions without lawful purposes, and any other
transaction that the Secretary determines to be
appropriate.
‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this
subparagraph may be construed to preclude the Secretary of the Treasury from—
‘‘(I) requiring reporting as provided for in subparagraphs (B) and (C); or

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‘‘(II) notifying Federal law enforcement with
respect to any transaction that the Secretary has
determined implicates a national priority established by the Secretary.’’.

31 USC 5318
note.

SEC. 6203. LAW ENFORCEMENT FEEDBACK ON SUSPICIOUS ACTIVITY
REPORTS.

(a) FEEDBACK.—
(1) IN GENERAL.—FinCEN shall, to the extent practicable,
periodically solicit feedback from individuals designated under
section 5318(h)(1)(B) of title 31, United States Code, by a
variety of financial institutions representing a cross-section
of the reporting industry to review the suspicious activity
reports filed by those financial institutions and discuss trends
in suspicious activity observed by FinCEN.
(2) COORDINATION WITH FEDERAL FUNCTIONAL REGULATORS
AND STATE BANK SUPERVISORS AND STATE CREDIT UNION SUPERVISORS.—FinCEN shall provide any feedback solicited under
paragraph (1) to the appropriate Federal functional regulator,
State bank supervisor, or State credit union supervisor during
the regularly scheduled examination of the applicable financial
institution by the Federal functional regulator, State bank
supervisor, or State credit union supervisor, as applicable.
(b) DISCLOSURE REQUIRED.—
(1) IN GENERAL.—
(A) PERIODIC DISCLOSURE.—Except as provided in paragraph (2), FinCEN shall, to the extent practicable, periodically disclose to each financial institution, in summary
form, information on suspicious activity reports filed that
proved useful to Federal or State criminal or civil law
enforcement agencies during the period since the most
recent disclosure under this paragraph to the financial
institution.
(B) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to require the public disclosure
of any information filed with the Department of the
Treasury under the Bank Secrecy Act.
(2) EXCEPTION FOR ONGOING OR CLOSED INVESTIGATIONS
AND TO PROTECT NATIONAL SECURITY.—FinCEN shall not be
required to disclose to a financial institution any information
under paragraph (1) that relates to an ongoing or closed investigation or implicates the national security of the United States.
(3) MAINTENANCE OF STATISTICS.—With respect to the
actions described in paragraph (1), FinCEN shall keep records
of all such actions taken to assist with the production of the
reports described in paragraph (5) of section 5318(g) of title
31, United States Code, as added by section 6202 of this division, and for other purposes.
(4) COORDINATION WITH DEPARTMENT OF JUSTICE.—The
information disclosed by FinCEN under this subsection shall
include information from the Department of Justice regarding—
(A) the review and use by the Department of suspicious
activity reports filed by the applicable financial institution
during the period since the most recent disclosure under
this subsection; and
(B) any trends in suspicious activity observed by the
Department.

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Records.

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SEC. 6204. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS AND SUSPICIOUS ACTIVITY REPORTS.

(a) REVIEW.—The Secretary, in consultation with the Attorney
General, Federal law enforcement agencies, the Secretary of Homeland Security, the Federal functional regulators, State bank supervisors, State credit union supervisors, and other relevant stakeholders, shall undertake a formal review of the financial institution
reporting requirements relating to currency transaction reports and
suspicious activity reports, as in effect on the date of enactment
of this Act, including the processes used to submit reports under
the Bank Secrecy Act, regulations implementing the Bank Secrecy
Act, and related guidance, and propose changes to those reports
to reduce any unnecessarily burdensome regulatory requirements
and ensure that the information provided fulfills the purposes
described in section 5311 of title 31, United States Code, as
amended by section 6101(a) of this division.
(b) CONTENTS.—The review required under subsection (a)
shall—
(1) rely substantially on information obtained through the
BSA Data Value Analysis Project conducted by FinCEN; and
(2) include a review of—
(A) whether the circumstances under which a financial
institution determines whether to file a continuing suspicious activity report, including insider abuse, or the processes followed by a financial institution in determining
whether to file a continuing suspicious activity report, or
both, should be streamlined or otherwise adjusted;
(B) whether different thresholds should apply to different categories of activities;
(C) the fields designated as critical on the suspicious
activity report form, the fields on the currency transaction
report form, and whether the number or nature of the
fields on those forms should be adjusted;
(D) the categories, types, and characteristics of suspicious activity reports and currency transaction reports
that are of the greatest value to, and that best support,
investigative priorities of law enforcement and national
security agencies;
(E) the increased use or expansion of exemption provisions to reduce currency transaction reports that may be
of little or no value to the efforts of law enforcement agencies;
(F) the most appropriate ways to promote financial
inclusion and address the adverse consequences of financial
institutions de-risking entire categories of relationships,
including charities, embassy accounts, and money service
businesses (as defined in section 1010.100(ff) of title 31,
Code of Federal Regulations), and certain groups of correspondent banks without conducting a proper assessment
of the specific risk of each individual member of these
populations;
(G) the current financial institution reporting requirements under the Bank Secrecy Act and regulations and
guidance implementing the Bank Secrecy Act;
(H) whether the process for the electronic submission
of reports could be improved for both financial institutions
and law enforcement agencies, including by allowing

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Regulations.

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Consultation.

Determinations.

Regulations.
Consultations.
31 USC 5313
note.
Determinations.

PUBLIC LAW 116–283—JAN. 1, 2021

greater integration between financial institution systems
and the electronic filing system to allow for automatic
population of report fields and the automatic submission
of transaction data for suspicious transactions, without
bypassing the obligation of each reporting financial institution to assess the specific risk of the transactions reported;
(I) the appropriate manner in which to ensure the
security and confidentiality of personal information;
(J) how to improve the cross-referencing of individuals
or entities operating at multiple financial institutions and
across international borders;
(K) whether there are ways to improve currency transaction report aggregation for entities with common ownership;
(L) whether financial institutions should be permitted
to streamline or otherwise adjust, with respect to particular
types of customers or transactions, the process for determining whether activity is suspicious or the information
included in the narrative of a suspicious activity report;
and
(M) any other matter the Secretary determines is
appropriate.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Attorney General,
Federal law enforcement agencies, the Director of National Intelligence, the Secretary of Homeland Security, and the Federal functional regulators, shall—
(1) submit to Congress a report that contains all findings
and determinations made in carrying out the review required
under subsection (a); and
(2) propose rulemakings, as appropriate, to implement the
findings and determinations described in paragraph (1).
SEC. 6205. CURRENCY TRANSACTION REPORTS AND SUSPICIOUS
ACTIVITY REPORTS THRESHOLDS REVIEW.

(a) REVIEW OF THRESHOLDS FOR CERTAIN CURRENCY TRANSREPORTS AND SUSPICIOUS ACTIVITY REPORTS.—The Secretary, in consultation with the Attorney General, the Director
of National Intelligence, the Secretary of Homeland Security, the
Federal functional regulators, State bank supervisors, State credit
union supervisors, and other relevant stakeholders, shall review
and determine whether the dollar thresholds, including aggregate
thresholds, under sections 5313, 5318(g), and 5331 of title 31,
United States Code, including regulations issued under those sections, should be adjusted.
(b) CONSIDERATIONS.—In making the determinations required
under subsection (a), the Secretary, in consultation with the
Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Federal functional regulators,
State bank supervisors, State credit union supervisors, and other
relevant stakeholders, shall—
(1) rely substantially on information obtained through the
BSA Data Value Analysis Project conducted by FinCEN and
on information obtained through the Currency Transaction
Report analyses conducted by the Comptroller General of the
United States; and
(2) consider—

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134 STAT. 4571

(A) the effects that adjusting the thresholds would
have on law enforcement, intelligence, national security,
and homeland security agencies;
(B) the costs likely to be incurred or saved by financial
institutions from any adjustment to the thresholds;
(C) whether adjusting the thresholds would better conform the United States with international norms and standards to counter money laundering and the financing of
terrorism;
(D) whether currency transaction report thresholds
should be tied to inflation or otherwise be adjusted based
on other factors consistent with the purposes of the Bank
Secrecy Act;
(E) any other matter that the Secretary determines
is appropriate.
(c) REPORT AND RULEMAKINGS.—Not later than 1 year after
the date of enactment of this Act, the Secretary, in consultation
with the Attorney General, the Director of National Intelligence,
the Secretary of Homeland Security, the Federal functional regulators, State bank supervisors, State credit union supervisors, and
other relevant stakeholders, shall—
(1) publish a report of the findings from the review required
under subsection (a); and
(2) propose rulemakings, as appropriate, to implement the
findings and determinations described in paragraph (1).
(d) UPDATES.—Not less frequently than once every 5 years
during the 10-year period beginning on the date of enactment
of this Act, the Secretary shall—
(1) evaluate findings and rulemakings described in subsection (c); and
(2) transmit a written summary of the evaluation to the
Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(3) propose rulemakings, as appropriate, in response to
the evaluation required under paragraph (1).

Publication.

Time periods.
Effective date.
Evaluations.
Summary.

Regulations.

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SEC. 6206. SHARING OF THREAT PATTERN AND TREND INFORMATION.

Section 5318(g) of title 31, United States Code, as amended
by section 6202 of this division, is amended by adding at the
end the following:
‘‘(6) SHARING OF THREAT PATTERN AND TREND INFORMATION.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(i) the terms ‘Bank Secrecy Act’ and ‘Federal functional regulator’ have the meanings given the terms
in section 6003 of the Anti-Money Laundering Act of
2020; and
‘‘(ii) the term ‘typology’ means a technique to
launder money or finance terrorism.
‘‘(B) SUSPICIOUS ACTIVITY REPORT ACTIVITY REVIEW.—
Not less frequently than semiannually, the Director of the
Financial Crimes Enforcement Network shall publish
threat pattern and trend information to provide meaningful
information about the preparation, use, and value of reports
filed under this subsection by financial institutions, as

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well as other reports filed by financial institutions under
the Bank Secrecy Act.
‘‘(C) INCLUSION OF TYPOLOGIES.—In each publication
published under subparagraph (B), the Director shall provide financial institutions and the Federal functional regulators with typologies, including data that can be adapted
in algorithms if appropriate, relating to emerging money
laundering and terrorist financing threat patterns and
trends.
‘‘(7) RULES OF CONSTRUCTION.—Nothing in this subsection
may be construed as precluding the Secretary of the Treasury
from—
‘‘(A) requiring reporting as provided under subparagraphs (A) and (B) of paragraph (6); or
‘‘(B) notifying a Federal law enforcement agency with
respect to any transaction that the Secretary has determined directly implicates a national priority established
by the Secretary.’’.

SEC. 6207. SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY.

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Determination.

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Section 1564 of the Annunzio-Wylie Anti-Money Laundering
Act (31 U.S.C. 5311 note) is amended by adding at the end the
following:
‘‘(d) SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY.—
‘‘(1) DEFINITIONS.—In this subsection, the terms ‘Bank
Secrecy Act’, ‘State bank supervisor’, and ‘State credit union
supervisor’ have the meanings given the terms in section 6003
of the Anti-Money Laundering Act of 2020.
‘‘(2) ESTABLISHMENT.—There shall be within the Bank
Secrecy Act Advisory Group a subcommittee to be known as
the ‘Subcommittee on Innovation and Technology’ to—
‘‘(A) advise the Secretary of the Treasury regarding
means by which the Department of the Treasury, FinCEN,
the Federal functional regulators, State bank supervisors,
and State credit union supervisors, as appropriate, can
most effectively encourage and support technological
innovation in the area of anti-money laundering and countering the financing of terrorism and proliferation; and
‘‘(B) reduce, to the extent practicable, obstacles to
innovation that may arise from existing regulations, guidance, and examination practices related to compliance of
financial institutions with the Bank Secrecy Act.
‘‘(3) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The subcommittee established
under paragraph (1) shall consist of the representatives
of the heads of the Federal functional regulators, including,
as appropriate, the Bank Secrecy Act Innovation Officers
as established in section 6208 of the Anti-Money Laundering Act of 2020, a representative of State bank supervisors, a representative of State credit union supervisors,
representatives of a cross-section of financial institutions
subject to the Bank Secrecy Act, law enforcement, FinCEN,
and any other representative as determined by the Secretary of the Treasury.
‘‘(B) REQUIREMENTS.—Each agency representative
described in subparagraph (A) shall be an individual who

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has demonstrated knowledge and competence concerning
the application of the Bank Secrecy Act.
‘‘(4) SUNSET.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Subcommittee on Innovation and Technology shall
terminate on the date that is 5 years after the date of
enactment of this subsection.
‘‘(B) EXCEPTION.—The Secretary of the Treasury may
renew the Subcommittee on Innovation for 1-year periods
beginning on the date that is 5 years after the date of
enactment of this subsection.’’.

Renewal.
Time periods.
Effective date.

SEC. 6208. ESTABLISHMENT OF BANK SECRECY ACT INNOVATION OFFICERS.

31 USC 5311
note.

(a) APPOINTMENT OF OFFICERS.—Not later than 1 year after
the effective date of the regulations promulgated under subsection
(d) of section 310 of title 31, United States Code, as added by
section 6103 of this division, an Innovation Officer shall be
appointed within FinCEN and each Federal functional regulator.
(b) INNOVATION OFFICER.—The Innovation Officer shall be
appointed by, and report to, the Director of FinCEN or the head
of the Federal functional regulator, as applicable.
(c) DUTIES.—Each Innovation Officer, in coordination with other
Innovation Officers and the agencies of the Innovation Officers,
shall—
(1) provide outreach to law enforcement agencies, State
bank supervisors, financial institutions and associations of
financial institutions, agents of financial institutions, and other
persons (including service providers, vendors and technology
companies) with respect to innovative methods, processes, and
new technologies that may assist in compliance with the
requirements of the Bank Secrecy Act;
(2) provide technical assistance or guidance relating to
the implementation of responsible innovation and new technology by financial institutions and associations of financial
institutions, agents of financial institutions, and other persons
(including service providers, vendors and technology companies), in a manner that complies with the requirements of
the Bank Secrecy Act;
(3) if appropriate, explore opportunities for public-private
partnerships; and
(4) if appropriate, develop metrics of success.

Deadline.

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SEC. 6209. TESTING METHODS RULEMAKING.

(a) IN GENERAL.—Section 5318 of title 31, United States Code
is amended by adding at the end the following:
‘‘(o) TESTING.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury, in consultation with the head of each agency to which the Secretary
has delegated duties or powers under subsection (a), shall issue
a rule to specify with respect to technology and related technology internal processes designed to facilitate compliance with
the requirements under this subchapter, the standards by
which financial institutions are to test the technology and
related technology internal processes.
‘‘(2) STANDARDS.—The standards described in paragraph
(1) may include—

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Criteria.

Requirements.
Requirements.

Disclosure.

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12 USC 3305
note.

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‘‘(A) an emphasis on using innovative approaches such
as machine learning or other enhanced data analytics processes;
‘‘(B) risk-based testing, oversight, and other risk
management approaches of the regime, prior to and after
implementation, to facilitate calibration of relevant systems
and prudently evaluate and monitor the effectiveness of
their implementation;
‘‘(C) specific criteria for when and how risk-based
testing against existing processes should be considered to
test and validate the effectiveness of relevant systems and
situations and standards for when other risk management
processes, including those developed by or through third
party risk and compliance management systems, and oversight may be more appropriate;
‘‘(D) specific standards for a risk governance framework
for financial institutions to provide oversight and to prudently evaluate and monitor systems and testing processes
both pre- and post-implementation;
‘‘(E) requirements for appropriate data privacy and
information security; and
‘‘(F) a requirement that the system configurations,
including any applicable algorithms and any validation
of those configurations used by the regime be disclosed
to the Financial Crimes Enforcement Network and the
appropriate Federal functional regulator upon request.
‘‘(3) CONFIDENTIALITY OF ALGORITHMS.—
‘‘(A) IN GENERAL.—If a financial institution or any
director, officer, employee, or agent of any financial institution, voluntarily or pursuant to this subsection or any
other authority, discloses the algorithms of the financial
institution to a government agency, the algorithms and
any materials associated with the creation or adaption
of such algorithms shall be considered confidential and
not subject to public disclosure.
‘‘(B) FREEDOM OF INFORMATION ACT.—Section 552(a)(3)
of title 5 (commonly known as the ‘Freedom of Information
Act’) shall not apply to any request for algorithms described
in subparagraph (A) and any materials associated with
the creation or adaptation of the algorithms.
‘‘(4) DEFINITION.—In this subsection, the term ‘Federal
functional regulator’ means—
‘‘(A) the Board of Governors of the Federal Reserve
System;
‘‘(B) the Office of the Comptroller of the Currency;
‘‘(C) the Federal Deposit Insurance Corporation;
‘‘(D) the National Credit Union Administration;
‘‘(E) the Securities and Exchange Commission; and
‘‘(F) the Commodity Futures Trading Commission.’’.
(b) UPDATE OF MANUAL.—The Financial Institutions Examination Council shall ensure that any manual prepared by the Council
is—
(1) updated to reflect the rulemaking required by subsection
(o) section 5318 of title 31, United States Code, as added
by subsection (a) of this section; and

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(2) consistent with relevant FinCEN and Federal functional
regulator guidance, including the December 2018 Joint Statement on Innovative Efforts to Combat Money Laundering and
Terrorist Financing.
SEC. 6210. FINANCIAL TECHNOLOGY ASSESSMENT.

Consultations.

(a) IN GENERAL.—The Secretary, in consultation with financial
regulators, technology experts, national security experts, law
enforcement, and any other group the Secretary determines is
appropriate, shall analyze the impact of financial technology on
financial crimes compliance, including with respect to money laundering, the financing of terrorism, proliferation finance, serious
tax fraud, trafficking, sanctions evasion, and other illicit finance.
(b) COORDINATION.—In carrying out the duties required under
this section, the Secretary shall consult with relevant agency officials and consider other interagency efforts and data relating to
examining the impact of financial technology, including activities
conducted by—
(1) cyber security working groups at the Department of
the Treasury;
(2) cyber security experts identified by the Attorney General and the Secretary of Homeland Security;
(3) the intelligence community; and
(4) the Financial Stability Oversight Council.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate and the Committee on Financial Services and
the Committee on Foreign Affairs of the House of Representatives
a report containing any findings under subsection (a), including
legislative and administrative recommendations.

Determination.

SEC. 6211. FINANCIAL CRIMES TECH SYMPOSIUM.

31 USC 5311
note.

(a) PURPOSE.—The purposes of this section are to—
(1) promote greater international collaboration in the effort
to prevent and detect financial crimes and suspicious activities;
and
(2) facilitate the investigation, development, and timely
adoption of new technologies aimed at preventing and detecting
financial crimes and other illicit activities.
(b) PERIODIC MEETINGS.—The Secretary shall, in coordination
with the Subcommittee on Innovation and Technology established
under subsection (d) of section 1564 of the Annunzio-Wylie AntiMoney Laundering Act, as added by section 6207 of this division,
periodically convene a global anti-money laundering and financial
crime symposium focused on how new technology can be used
to more effectively combat financial crimes and other illicit activities.
(c) ATTENDEES.—Attendees at each symposium convened under
this section shall include domestic and international financial regulators, senior executives from regulated firms, technology providers,
representatives from law enforcement and national security agencies, academic and other experts, and other individuals that the
Secretary determines are appropriate.
(d) PANELS.—At each symposium convened under this section,
the Secretary shall convene panels in order to review new technologies and permit attendees to demonstrate proof of concept.

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Recommendations.

Coordination.

Review.

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Recommendations.

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(e) IMPLEMENTATION AND REPORTS.—The Secretary shall, to
the extent practicable and necessary, work to provide policy clarity,
which may include providing reports or guidance to stakeholders,
regarding innovative technologies and practices presented at each
symposium convened under this section, to the extent that those
technologies and practices further the purposes of this section.
(f) FINCEN BRIEFING.—Not later than 90 days after the date
of enactment of this Act, the Director of FinCEN shall brief the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of Representatives on the use of emerging technologies, including—
(1) the status of implementation and internal use of
emerging technologies, including artificial intelligence, digital
identity technologies, distributed ledger technologies, and other
innovative technologies within FinCEN;
(2) whether artificial intelligence, digital identity technologies, distributed ledger technologies, and other innovative
technologies can be further leveraged to make data analysis
by FinCEN more efficient and effective;
(3) whether FinCEN could better use artificial intelligence,
digital identity technologies, distributed ledger technologies,
and other innovative technologies to—
(A) more actively analyze and disseminate the information FinCEN collects and stores to provide investigative
leads to Federal, State, Tribal, and local law enforcement
agencies and other Federal agencies; and
(B) better support ongoing investigations by FinCEN
when referring a case to the agencies described in subparagraph (A);
(4) with respect to each of paragraphs (1), (2), and (3),
any best practices or significant concerns identified by the
Director, and their applicability to artificial intelligence, digital
identity technologies, distributed ledger technologies, and other
innovative technologies with respect to United States efforts
to combat money laundering and other forms of illicit finance;
(5) any policy recommendations that could facilitate and
improve communication and coordination between the private
sector, FinCEN, and the agencies described in paragraph (3)
through the implementation of innovative approaches to meet
the obligations of the agencies under the Bank Secrecy Act
and anti-money laundering compliance; and
(6) any other matter the Director determines is appropriate.

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SEC. 6212. PILOT PROGRAM ON SHARING OF INFORMATION RELATED
TO SUSPICIOUS ACTIVITY REPORTS WITHIN A FINANCIAL
GROUP.

Deadline.
Regulations.
Coordination.

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(a) SHARING WITH FOREIGN BRANCHES AND AFFILIATES.—Section 5318(g) of title 31, United States Code, as amended by sections
6202 and 6206 of this division, is amended by adding at the end
the following:
‘‘(8) PILOT PROGRAM ON SHARING WITH FOREIGN BRANCHES,
SUBSIDIARIES, AND AFFILIATES.—
‘‘(A) IN GENERAL.—
‘‘(i) ISSUANCE OF RULES.—Not later than 1 year
after the date of enactment of this paragraph, the

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134 STAT. 4577

Secretary of the Treasury shall issue rules, in coordination with the Director of the Financial Crimes Enforcement Network, establishing the pilot program
described in subparagraph (B).
‘‘(ii) CONSIDERATIONS.—In issuing the rules
required under clause (i), the Secretary shall ensure
that the sharing of information described in subparagraph (B)—
‘‘(I) is limited by the requirements of Federal
and State law enforcement operations;
‘‘(II) takes into account potential concerns of
the intelligence community; and
‘‘(III) is subject to appropriate standards and
requirements regarding data security and the confidentiality of personally identifiable information.
‘‘(B) PILOT PROGRAM DESCRIBED.—The pilot program
described in this paragraph shall—
‘‘(i) permit a financial institution with a reporting
obligation under this subsection to share information
related to reports under this subsection, including that
such a report has been filed, with the institution’s
foreign branches, subsidiaries, and affiliates for the
purpose of combating illicit finance risks, notwithstanding any other provision of law except subparagraph (A) or (C);
‘‘(ii) permit the Secretary to consider, implement,
and enforce provisions that would hold a foreign affiliate of a United States financial institution liable for
the disclosure of information related to reports under
this section;
‘‘(iii) terminate on the date that is 3 years after
the date of enactment of this paragraph, except that
the Secretary of the Treasury may extend the pilot
program for not more than 2 years upon submitting
to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report that
includes—
‘‘(I) a certification that the extension is in the
national interest of the United States, with a
detailed explanation of the reasons that the extension is in the national interest of the United States;
‘‘(II) after appropriate consultation by the Secretary with participants in the pilot program, an
evaluation of the usefulness of the pilot program,
including a detailed analysis of any illicit activity
identified or prevented as a result of the program;
and
‘‘(III) a detailed legislative proposal providing
for a long-term extension of activities under the
pilot program, measures to ensure data security,
and confidentiality of personally identifiable
information,
including
expected
budgetary
resources for those activities, if the Secretary of
the Treasury determines that a long-term extension is appropriate.
‘‘(C) PROHIBITION INVOLVING CERTAIN JURISDICTIONS.—

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Termination
date.
Extension.
Time period.

Certification.

Consultation.
Evaluation.
Analysis.

Legislative
proposal.
Determination.

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134 STAT. 4578

China.
Russia.

Notification.

Deadline.
Time period.
Briefing.

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Recommendations.

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(i) IN GENERAL.—In issuing the rules required
under subparagraph (A), the Secretary of the Treasury
may not permit a financial institution to share information on reports under this subsection with a foreign
branch, subsidiary, or affiliate located in—
‘‘(I) the People’s Republic of China;
‘‘(II) the Russian Federation; or
‘‘(III) a jurisdiction that—
‘‘(aa) is a state sponsor of terrorism;
‘‘(bb) is subject to sanctions imposed by
the Federal Government; or
‘‘(cc) the Secretary has determined cannot
reasonably protect the security and confidentiality of such information.
‘‘(ii) EXCEPTIONS.—The Secretary is authorized to
make exceptions, on a case-by-case basis, for a financial
institution located in a jurisdiction listed in subclause
(I) or (II) of clause (i), if the Secretary notifies the
Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services
of the House of Representatives that such an exception
is in the national security interest of the United States.
‘‘(D) IMPLEMENTATION UPDATES.—Not later than 360
days after the date on which rules are issued under
subparagraph (A), and annually thereafter for 3 years,
the Secretary of the Treasury, or the designee of the Secretary, shall brief the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives on—
‘‘(i) the degree of any information sharing permitted under the pilot program and a description of
criteria used by the Secretary to evaluate the appropriateness of the information sharing;
‘‘(ii) the effectiveness of the pilot program in identifying or preventing the violation of a United States
law or regulation and mechanisms that may improve
that effectiveness; and
‘‘(iii) any recommendations to amend the design
of the pilot program.
‘‘(9) TREATMENT OF FOREIGN JURISDICTION-ORIGINATED
REPORTS.—Information related to a report received by a financial institution from a foreign affiliate with respect to a suspicious transaction relevant to a possible violation of law or
regulation shall be subject to the same confidentiality requirements provided under this subsection for a report of a suspicious transaction described in paragraph (1).
‘‘(10) NO OFFSHORING COMPLIANCE.—No financial institution may establish or maintain any operation located outside
of the United States the primary purpose of which is to ensure
compliance with the Bank Secrecy Act as a result of the sharing
granted under this subsection.
‘‘(11) DEFINITIONS.—In this subsection:
‘‘(A) AFFILIATE.—The term ‘affiliate’ means an entity
that controls, is controlled by, or is under common control
with another entity.
‘‘(B) BANK SECRECY ACT; STATE BANK SUPERVISOR;
STATE CREDIT UNION SUPERVISOR.—The terms ‘Bank

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4579

Secrecy Act’, ‘State bank supervisor’, and ‘State credit union
supervisor’ have the meanings given the terms in section
6003 of the Anti-Money Laundering Act of 2020.’’.
(b) NOTIFICATION PROHIBITIONS.—Section 5318(g)(2)(A) of title
31, United States Code, is amended—
(1) in clause (i), by inserting ‘‘or otherwise reveal any
information that would reveal that the transaction has been
reported,’’ after ‘‘transaction has been reported’’; and
(2) in clause (ii), by inserting ‘‘or otherwise reveal any
information that would reveal that the transaction has been
reported,’’ after ‘‘transaction has been reported,’’.
SEC. 6213. SHARING OF COMPLIANCE RESOURCES.

(a) IN GENERAL.—Section 5318 of title 31, United States Code,
as amended by section 6209 of this division, is amended by adding
at the end the following:
‘‘(p) SHARING OF COMPLIANCE RESOURCES.—
‘‘(1) SHARING PERMITTED.—In order to more efficiently
comply with the requirements of this subchapter, 2 or more
financial institutions may enter into collaborative arrangements, as described in the statement entitled ‘Interagency
Statement on Sharing Bank Secrecy Act Resources’, published
on October 3, 2018, by the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance Corporation,
the Financial Crimes Enforcement Network, the National
Credit Union Administration, and the Office of the Comptroller
of the Currency.
‘‘(2) OUTREACH.—The Secretary of the Treasury and the
appropriate supervising agencies shall carry out an outreach
program to provide financial institutions with information,
including best practices, with respect to the collaborative
arrangements described in paragraph (1).’’.
(b) RULE OF CONSTRUCTION.—The amendment made by subsection (a) may not be construed to require financial institutions
to share resources.

31 USC 5318
note.

SEC. 6214. ENCOURAGING INFORMATION SHARING AND PUBLIC-PRIVATE PARTNERSHIPS.

31 USC 5311
note.

(a) IN GENERAL.—The Secretary shall convene a supervisory
team of relevant Federal agencies, private sector experts in banking,
national security, and law enforcement, and other stakeholders
to examine strategies to increase cooperation between the public
and private sectors for purposes of countering illicit finance,
including proliferation finance and sanctions evasion.
(b) MEETINGS.—The supervisory team convened under subsection (a) shall meet periodically to advise on strategies to combat
the risk relating to proliferation financing.
(c) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the supervisory
team convened under subsection (a) or to the activities of the
supervisory team.

Examination.

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SEC. 6215. FINANCIAL SERVICES DE-RISKING.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) providing vital humanitarian and development assistance and protecting the integrity of the international financial
system are complementary goals;

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134 STAT. 4580

(2) nonprofit organizations based in the United States with
international activities often face difficulties with financial
access, most commonly the inability to send funds internationally through transparent, regulated financial channels;
(3) without access to timely and predictable banking services, nonprofit organizations, including international development organizations, cannot carry out essential humanitarian
activities critical to the survival of those in affected communities;
(4) similar access issues are a concern for other underserved
individuals and entities such as those sending remittances from
the United States to their families overseas and certain
domestic and overseas jurisdictions that have experienced curtailed access to cross-border financial services due, in part,
to de-risking;
(5) the financial exclusion caused by de-risking can ultimately drive money into less transparent, shadow channels
through the carrying of cash or use of unlicensed or unregistered money service remitters, thus reducing transparency and
traceability, which are critical for financial integrity, and can
increase the risk of money falling into the wrong hands;
(6) effective measures are needed to stop the flow of illicit
funds and promote the goals of anti-money laundering and
countering the financing of terrorism and sanctions regimes;
(7) anti-money laundering, countering the financing of terrorism, and sanctions policies are needed that do not unduly
hinder or delay the efforts of legitimate humanitarian organizations in providing assistance to—
(A) meet the needs of civilians facing a humanitarian
crisis, including enabling governments and humanitarian
organizations to provide them with timely access to food,
health, and medical care, shelter, and clean drinking water;
and
(B) prevent or alleviate human suffering, in keeping
with requirements of international humanitarian law;
(8) anti-money laundering, countering the financing of terrorism, and sanctions policies must ensure that the policies
do not unduly hinder or delay legitimate access to the international financial system for underserved individuals, entities,
and geographic areas;
(9) policies that ensure that incidental, inadvertent benefits
that may indirectly benefit a designated group in the course
of delivering life-saving aid to civilian populations are not the
primary focus of Federal Government enforcement efforts;
(10) policies that encourage financial inclusion, particularly
of underserved populations, must remain a priority; and
(11) laws, regulations, policies, guidance, and other measures that ensure the integrity of the financial system through
a risk-based approach should be prioritized.
(b) GAO DE-RISKING ANALYSIS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall conduct an analysis and submit to Congress a
report on financial services de-risking.
(2) CONTENTS.—The analysis required under paragraph (1)
shall—

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Deadline.
Reports.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4581

(A) rely substantially on information obtained through
prior de-risking analyses conducted by the Comptroller
General of the United States;
(B) consider the many drivers of de-risking as identified
by the Financial Action Task Force, including profitability,
reputational risk, lower risk appetites of banks, regulatory
burdens and unclear expectations, and sanctions regimes;
and
(C) identify options for financial institutions handling
transactions or accounts for high-risk categories of clients
and for minimizing the negative effects of anti-money laundering and countering the financing of terrorism requirements on such individuals and entities and on certain
high-risk geographic jurisdictions, without compromising
the effectiveness of Federal anti-money laundering and
countering the financing of terrorism requirements.
(c) REVIEW OF DE-RISKING.—
(1) DEFINITION.—In this subsection, the term ‘‘de-risking’’
means actions taken by a financial institution to terminate,
fail to initiate, or restrict a business relationship with a customer, or a category of customers, rather than manage the
risk associated with that relationship consistent with risk-based
supervisory or regulatory requirements, due to drivers such
as profitability, reputational risk, lower risk appetites of banks,
regulatory burdens or unclear expectations, and sanctions
regimes.
(2) REVIEW.—Upon completion of the analysis required
under subsection (b), the Secretary, in consultation with the
Federal functional regulators, State bank supervisors, State
credit union supervisors, and appropriate public- and privatesector stakeholders shall—
(A) undertake a formal review of the financial institution reporting requirements, as in effect on the date of
enactment of this Act, including the processes used to
submit reports under the Bank Secrecy Act, regulations
implementing the Bank Secrecy Act, examination standards related to the Bank Secrecy Act, and related guidance;
and
(B) propose changes, as appropriate, to those requirements and examination standards described in paragraph
(1) to reduce any unnecessarily burdensome regulatory
requirements and ensure that the information provided
fulfills the purpose described in section 5311 of title 31,
United States Code, as amended by this division.
(3) CONTENTS.—The review required under paragraph (2)
shall—
(A) rely substantially on information obtained through
the de-risking analyses conducted by the Comptroller General of the United States; and
(B) consider—
(i) any adverse consequence of financial institutions de-risking entire categories of relationships,
including charities, embassy accounts, money services
businesses, as defined in section 1010.100 of title 31,
Code of Federal Regulations, or a successor regulation,
agents of the financial institutions, countries, international and domestic regions, and respondent banks;

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Consultation.

Regulations.
Standards.

Proposals.

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134 STAT. 4582

(ii) the reasons why financial institutions are
engaging in de-risking, including the role of domestic
and international regulations, standards, and examinations;
(iii) the association with and effects of de-risking
on money laundering and financial crime actors and
activities;
(iv) the most appropriate ways to promote financial
inclusion, particularly with respect to developing countries, while maintaining compliance with the Bank
Secrecy Act, including an assessment of policy options
to—
(I) more effectively tailor Federal actions and
penalties to the size of foreign financial institutions
and any capacity limitations of foreign governments; and
(II) reduce compliance costs that may lead to
the adverse consequences described in clause (i);
(v) formal and informal feedback provided by
examiners that may have led to de-risking;
(vi) the relationship between resources dedicated
to compliance and overall sophistication of compliance
efforts at entities that may be experiencing de-risking,
especially compared to those that have not experienced
de-risking;
(vii) best practices from the private sector that
facilitate correspondent banking relationships; and
(viii) other matters that the Secretary determines
are appropriate.
(4) STRATEGY ON DE-RISKING.—Upon the completion of the
review required under this subsection, the Secretary of the
Treasury, in consultation with the Federal functional regulators, State bank supervisors, State credit union supervisors,
and appropriate public- and private-sector stakeholders, shall
develop a strategy to reduce de-risking and adverse consequences related to de-risking.
(5) REPORT.—Not later than 1 year after the completion
of the analysis required under subsection (b), the Secretary
shall submit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report containing—
(A) all findings and determinations made in carrying
out the review required under this subsection; and
(B) the strategy developed under paragraph (4).

Assessment.

Consultation.

Determinations.

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31 USC 5311
note.
Consultation.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 6216. REVIEW OF REGULATIONS AND GUIDANCE.

(a) IN GENERAL.—The Secretary, in consultation with the Federal functional regulators, the Financial Institutions Examination
Council, the Attorney General, Federal law enforcement agencies,
the Director of National Intelligence, the Secretary of Homeland
Security, and the Commissioner of Internal Revenue, shall—
(1) undertake a formal review of the regulations implementing the Bank Secrecy Act and guidance related to that
Act—
(A) to ensure the Department of the Treasury provides,
on a continuing basis, for appropriate safeguards to protect

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4583

the financial system from threats, including money laundering and the financing of terrorism and proliferation,
to national security posed by various forms of financial
crime;
(B) to ensure that those provisions will continue to
require certain reports or records that are highly useful
in countering financial crime; and
(C) to identify those regulations and guidance that—
(i) may be outdated, redundant, or otherwise do
not promote a risk-based anti-money laundering
compliance and countering the financing of terrorism
regime for financial institutions; or
(ii) do not conform with the commitments of the
United States to meet international standards to combat money laundering, financing of terrorism, serious
tax fraud, or other financial crimes; and
(2) make appropriate changes to the regulations and guidance described in paragraph (1) to improve, as appropriate,
the efficiency of those provisions.
(b) PUBLIC COMMENT.—The Secretary shall solicit public comment as part of the review required under subsection (a).
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Financial Institutions Examination Council, the Federal functional regulators, the
Attorney General, Federal law enforcement agencies, the Director
of National Intelligence, the Secretary of Homeland Security, and
the Commissioner of Internal Revenue, shall submit to Congress
a report that contains all findings and determinations made in
carrying out the review required under subsection (a), including
administrative or legislative recommendations.

Consultation.
Determinations.
Recommendations.

TITLE LXIII—IMPROVING ANTI-MONEY
LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

6301.
6302.
6303.
6304.
6305.
6306.
6307.

Sec. 6308.
Sec. 6309.
Sec. 6310.

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Sec. 6311.
Sec. 6312.
Sec. 6313.
Sec. 6314.

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Improved interagency coordination and consultation.
Subcommittee on Information Security and Confidentiality.
Establishment of Bank Secrecy Act Information Security Officers.
FinCEN analytical hub.
Assessment of Bank Secrecy Act no-action letters.
Cooperation with law enforcement.
Training for examiners on anti-money laundering and countering the financing of terrorism.
Obtaining foreign bank records from banks with United States correspondent accounts.
Additional damages for repeat Bank Secrecy Act violators.
Certain violators barred from serving on boards of United States financial institutions.
Department of Justice report on deferred and non-prosecution agreements.
Return of profits and bonuses.
Prohibition on concealment of the source of assets in monetary transactions.
Updating whistleblower incentives and protection.

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134 STAT. 4584

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 6301. IMPROVED INTERAGENCY COORDINATION AND CONSULTATION.

Section 5318 of title 31, United States Code, as amended by
sections 6209 and 6213(a) of this division, is amended by adding
at the end the following:
‘‘(q) INTERAGENCY COORDINATION AND CONSULTATION.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury shall,
as appropriate, invite an appropriate State bank supervisor
and an appropriate State credit union supervisor to participate
in the interagency consultation and coordination with the Federal depository institution regulators regarding the development or modification of any rule or regulation carrying out
this subchapter.
‘‘(2) RULES OF CONSTRUCTION.—Nothing in this subsection
may be construed to—
‘‘(A) affect, modify, or limit the discretion of the Secretary of the Treasury with respect to the methods or
forms of interagency consultation and coordination; or
‘‘(B) require the Secretary of the Treasury or a Federal
depository institution regulator to coordinate or consult
with an appropriate State bank supervisor or to invite
such supervisor to participate in interagency consultation
and coordination with respect to a matter, including a
rule or regulation, specifically affecting only Federal depository institutions or Federal credit unions.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) APPROPRIATE STATE BANK SUPERVISOR.—The term
‘appropriate State bank supervisor’ means the Chairman
or members of the State Liaison Committee of the Financial
Institutions Examination Council.
‘‘(B) APPROPRIATE STATE CREDIT UNION SUPERVISOR.—
The term ‘appropriate State credit union supervisor’ means
the Chairman or members of the State Liaison Committee
of the Financial Institutions Examination Council.
‘‘(C) FEDERAL CREDIT UNION.—The term ‘Federal credit
union’ has the meaning given the term in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
‘‘(D) FEDERAL DEPOSITORY INSTITUTION.—The term
‘Federal depository institution’ has the meaning given the
term in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
‘‘(E) FEDERAL DEPOSITORY INSTITUTION REGULATORS.—
The term ‘Federal depository institution regulator’ means
a member of the Financial Institutions Examination
Council to which is delegated any authority of the Secretary
under subsection (a)(1).’’.

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SEC. 6302. SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY.

Section 1564 of the Annunzio-Wylie Anti-Money Laundering
Act (31 U.S.C. 5311 note), as amended by section 6207 of this
division, is amended by adding at the end the following:
‘‘(e) SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY.—
‘‘(1) IN GENERAL.—There shall be within the Bank Secrecy
Act Advisory Group a subcommittee to be known as the Subcommittee on Information Security and Confidentiality (in this

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subsection referred to as the ‘Subcommittee’) to advise the
Secretary of the Treasury regarding the information security
and confidentiality implications of regulations, guidance,
information sharing programs, and the examination for compliance with and enforcement of the provisions of the Bank Secrecy
Act.
‘‘(2) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The Subcommittee shall consist of
the representatives of the heads of the Federal functional
regulators, including, as appropriate, the Bank Secrecy
Act Information Security Officers as established in section
6303 of the Anti-Money Laundering Act of 2020, and representatives from financial institutions subject to the Bank
Secrecy Act, law enforcement, FinCEN, and any other representatives as determined by the Secretary of the
Treasury.
‘‘(B) REQUIREMENTS.—Each agency representative
described in subparagraph (A) shall be an individual who
has demonstrated knowledge and competence concerning
the application of the Bank Secrecy Act and familiarity
with and expertise in applicable laws.
‘‘(3) SUNSET.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Subcommittee shall terminate on the date that
is 5 years after the date of enactment of this subsection.
‘‘(B) EXCEPTION.—The Secretary of the Treasury may
renew the Subcommittee for 1-year periods beginning on
the date that is 5 years after the date of enactment of
this subsection.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) BANK SECRECY ACT.—The term ‘Bank Secrecy Act’ has
the meaning given the term in section 6003 of the Anti-Money
Laundering Act of 2020.
‘‘(2) FEDERAL FUNCTIONAL REGULATOR.—The term ‘Federal
functional regulator’ has the meaning given the term in section
509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
‘‘(3) FINCEN.—The term ‘FinCEN’ means the Financial
Crimes Enforcement Network of the Department of the
Treasury.
‘‘(4) FINANCIAL INSTITUTION.—The term ‘financial institution’ has the meaning given the term in section 5312 of title
31, United States Code.
‘‘(5) STATE CREDIT UNION SUPERVISOR.—The term ‘State
credit union supervisor’ means a State official described in
section 107A(e) of the Federal Credit Union Act (12 U.S.C.
1757a(e)).’’.

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Determination.

Renewal.
Time period.
Effective date.

SEC. 6303. ESTABLISHMENT OF BANK SECRECY ACT INFORMATION
SECURITY OFFICERS.

31 USC 5311
note.

(a) APPOINTMENT OF OFFICERS.—Not later than 1 year after
the effective date of the regulations promulgated under subsection
(d) of section 310 of title 31, United States Code, as added by
section 6103 of this division, a Bank Secrecy Act Information Security Officer shall be appointed, from among individuals with expertise in Federal information security or privacy laws or Bank Secrecy
Act disclosure policies and procedures—

Deadline.

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134 STAT. 4586

PUBLIC LAW 116–283—JAN. 1, 2021

(1) within each Federal functional regulator, by the head
of the Federal functional regulator;
(2) within FinCEN, by the Director of FinCEN; and
(3) within the Internal Revenue Service, by the Secretary.
(b) DUTIES.—Each Bank Secrecy Act Information Security
Officer shall, with respect to the applicable regulator, bureau, or
Center within which the Officer is located—
(1) be consulted each time Bank Secrecy Act regulations
affecting information security or disclosure of Bank Secrecy
Act information are developed or reviewed;
(2) be consulted on information-sharing policies under the
Bank Secrecy Act, including those that allow financial institutions to share information with each other and foreign affiliates,
and those that allow Federal agencies to share with regulated
entities;
(3) be consulted on coordination and clarity between proposed Bank Secrecy Act regulations and information security
and confidentiality requirements, including with respect to the
reporting of suspicious transactions under section 5318(g) of
title 31, United States Code;
(4) be consulted on—
(A) the development of new technologies that may
strengthen information security and compliance with the
Bank Secrecy Act; and
(B) the protection of information collected by each Federal functional regulator under the Bank Secrecy Act; and
(5) develop metrics of program success.
SEC. 6304. FINCEN ANALYTICAL HUB.

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Analysis.

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Section 310 of title 31, United States Code, as amended by
sections 6103, 6105, 6107, 6108, and 6109 of this division, is
amended by inserting after subsection (i) the following:
‘‘(j) ANALYTICAL EXPERTS.—
‘‘(1) IN GENERAL.—FinCEN shall maintain financial experts
capable of identifying, tracking, and tracing money laundering
and terrorist-financing networks in order to conduct and support civil and criminal anti-money laundering and countering
the financing of terrorism investigations conducted by the
United States Government.
‘‘(2) FINCEN ANALYTICAL HUB.—FinCEN, upon a reasonable
request from a Federal agency, shall, in collaboration with
the requesting agency and the appropriate Federal functional
regulator, analyze the potential anti-money laundering and
countering the financing of terrorism activity that prompted
the request.
‘‘(k) DEFINITIONS.—In this section:
‘‘(1) BANK SECRECY ACT.—The term ‘Bank Secrecy Act’ has
the meaning given the term in section 6003 of the Anti-Money
Laundering Act of 2020.
‘‘(2) FEDERAL FUNCTIONAL REGULATOR.—The term ‘Federal
functional regulator’ has the meaning given the term in section
509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
‘‘(3) FINANCIAL INSTITUTION.—The term ‘financial institution’ has the meaning given the term in section 5312 of this
title.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4587

‘‘(4) STATE BANK SUPERVISOR.—The term ‘State bank supervisor’ has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
‘‘(5) STATE CREDIT UNION SUPERVISOR.—The term ‘State
credit union supervisor’ means a State official described in
section 107A(e) of the Federal Credit Union Act (12 U.S.C.
1757a(e)).’’.
SEC. 6305. ASSESSMENT OF BANK SECRECY ACT NO-ACTION LETTERS.

(a) ASSESSMENT.—
(1) IN GENERAL.—The Director, in consultation with the
Attorney General, the Federal functional regulators, State bank
supervisors, State credit union supervisors, and other Federal
agencies, as appropriate, shall conduct an assessment on
whether to establish a process for the issuance of no-action
letters by FinCEN in response to inquiries from persons concerning the application of the Bank Secrecy Act, the USA
PATRIOT Act (Public Law 107–56; 115 Stat. 272), section 8(s)
of the Federal Deposit Insurance Act (12 U.S.C. 1818(s)), or
any other anti-money laundering or countering the financing
of terrorism law (including regulations) to specific conduct,
including a request for a statement as to whether FinCEN
or any relevant Federal functional regulator intends to take
an enforcement action against the person with respect to such
conduct.
(2) ANALYSIS.—The assessment required under paragraph
(1) shall include an analysis of—
(A) a timeline for the process used to reach a final
determination by FinCEN, in consultation with the relevant Federal functional regulators, in response to a
request by a person for a no-action letter;
(B) whether improvements in current processes are
necessary;
(C) whether a formal no-action letter process would
help to mitigate or accentuate illicit finance risks in the
United States; and
(D) any other matter the Secretary determines is
appropriate.
(b) REPORT AND RULEMAKINGS.—Not later than 180 days after
the date of enactment of this Act, the Secretary, in coordination
with the Director of the Federal Bureau of Investigation, the
Attorney General, the Secretary of Homeland Security, and the
Federal functional regulators, shall—
(1) submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report that contains
all findings and determinations made in carrying out the assessment required under subsection (a); and
(2) propose rulemakings, if appropriate, to implement the
findings and determinations described in paragraph (1).

31 USC 310 note.
Consultation.

Timeline.
Consultation.

Deadline.
Coordination.

Determinations.

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SEC. 6306. COOPERATION WITH LAW ENFORCEMENT.

(a) IN GENERAL.—
(1) AMENDMENT TO TITLE 31.—Subchapter II of chapter
53 of title 31, United States Code, is amended by adding at
the end the following:

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134 STAT. 4588
31 USC 5333.
Notification.

Deadline.

Consultation.

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12 USC 1960.
Applicability.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 5333. Safe harbor with respect to keep open directives
‘‘(a) IN GENERAL.—With respect to a customer account or customer transaction of a financial institution, if a Federal law enforcement agency, after notifying FinCEN of the intent to submit a
written request to the financial institution that the financial institution keep that account or transaction open (referred to in this
section as a ‘keep open request’), or if a State, Tribal, or local
law enforcement agency with the concurrence of FinCEN submits
a keep open request—
‘‘(1) the financial institution shall not be liable under this
subchapter for maintaining that account or transaction consistent with the parameters and timing of the request; and
‘‘(2) no Federal or State department or agency may take
any adverse supervisory action under this subchapter with
respect to the financial institution solely for maintaining that
account or transaction consistent with the parameters of the
request.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section may
be construed—
‘‘(1) to prevent a Federal or State department or agency
from verifying the validity of a keep open request submitted
under subsection (a) with the law enforcement agency submitting that request;
‘‘(2) to relieve a financial institution from complying with
any reporting requirements or any other provisions of this
subchapter, including the reporting of suspicious transactions
under section 5318(g); or
‘‘(3) to extend the safe harbor described in subsection (a)
to any actions taken by the financial institution—
‘‘(A) before the date of the keep open request to maintain a customer account; or
‘‘(B) after the termination date stated in the keep open
request.
‘‘(c) LETTER TERMINATION DATE.—For the purposes of this section, any keep open request submitted under subsection (a) shall
include a termination date after which that request shall no longer
apply.
‘‘(d) RECORD KEEPING.—Any Federal, State, Tribal, or local
law enforcement agency that submits to a financial institution
a keep open request shall, not later than 2 business days after
the date on which the request is submitted to the financial institution—
‘‘(1) submit to FinCEN a copy of the request; and
‘‘(2) alert FinCEN as to whether the financial institution
has implemented the request.
‘‘(e) GUIDANCE.—The Secretary of the Treasury, in consultation
with the Attorney General and Federal, State, Tribal, and local
law enforcement agencies, shall issue guidance on the required
elements of a keep open request.’’.
(2) AMENDMENT TO PUBLIC LAW 91–508.—Chapter 2 of title
I of Public Law 91–508 (12 U.S.C. 1951 et seq.) is amended
by adding at the end the following:
‘‘§ 130. Safe harbor with respect to keep open directives
‘‘(a) DEFINITION.—In this section, the term ‘financial institution’
means an entity to which section 123(b) applies.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4589

‘‘(b) SAFE HARBOR.—With respect to a customer account or
customer transaction of a financial institution, if a Federal law
enforcement agency, after notifying FinCEN of the intent to submit
a written request to the financial institution that the financial
institution keep that account or transaction open (referred to in
this section as a ‘keep open request’), or if a State, Tribal, or
local law enforcement agency with the concurrence of FinCEN submits a keep open request—
‘‘(1) the financial institution shall not be liable under this
chapter for maintaining that account or transaction consistent
with the parameters and timing of the request; and
‘‘(2) no Federal or State department or agency may take
any adverse supervisory action under this chapter with respect
to the financial institution solely for maintaining that account
or transaction consistent with the parameters of the request.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed—
‘‘(1) to prevent a Federal or State department or agency
from verifying the validity of a keep open request submitted
under subsection (b) with the law enforcement agency submitting that request;
‘‘(2) to relieve a financial institution from complying with
any reporting requirements, including the reporting of suspicious transactions under section 5318(g) of title 31, United
States Code; or
‘‘(3) to extend the safe harbor described in subsection (b)
to any actions taken by the financial institution—
‘‘(A) before the date of the keep open request to maintain a customer account; or
‘‘(B) after the termination date stated in the keep open
request.
‘‘(d) LETTER TERMINATION DATE.—For the purposes of this section, any keep open request submitted under subsection (b) shall
include a termination date after which that request shall no longer
apply.
‘‘(e) RECORD KEEPING.—Any Federal, State, Tribal, or local
law enforcement agency that submits to a financial institution
a keep open request shall, not later than 2 business days after
the date on which the request is submitted to the financial institution—
‘‘(1) submit to FinCEN a copy of the request; and
‘‘(2) alert FinCEN as to whether the financial institution
has implemented the request.’’.
(b) CLERICAL AMENDMENTS.—
(1) TITLE 31.—The table of sections for chapter 53 of title
31, United States Code, is amended by inserting after the
item relating to section 5332 the following:

Notification.

Deadline.

31 USC 5301
prec.

‘‘5333. Safe harbor with respect to keep open directives.’’.

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(2) PUBLIC LAW 91–508.—The table of sections for chapter
2 of title I of Public Law 91–508 (12 U.S.C. 1951 et seq.)
is amended by adding at the end the following:
‘‘130. Safe harbor with respect to keep open directives.’’.

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134 STAT. 4590

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 6307. TRAINING FOR EXAMINERS ON ANTI-MONEY LAUNDERING
AND COUNTERING THE FINANCING OF TERRORISM.

(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United
States Code, as amended by section 6306(a)(1) of this division,
is amended by adding at the end the following:
31 USC 5334.

Consultation.

31 USC 5301
prec.

‘‘§ 5334. Training regarding anti-money laundering and countering the financing of terrorism
‘‘(a) TRAINING REQUIREMENT.—Each Federal examiner
reviewing compliance with the Bank Secrecy Act, as defined in
section 6003 of the Anti-Money Laundering Act of 2020, shall attend
appropriate annual training, as determined by the Secretary of
the Treasury, relating to anti-money laundering activities and countering the financing of terrorism, including with respect to—
‘‘(1) potential risk profiles and warning signs that an examiner may encounter during examinations;
‘‘(2) financial crime patterns and trends;
‘‘(3) the high-level context for why anti-money laundering
and countering the financing of terrorism programs are necessary for law enforcement agencies and other national security
agencies and what risks those programs seek to mitigate; and
‘‘(4) de-risking and the effect of de-risking on the provision
of financial services.
‘‘(b) TRAINING MATERIALS AND STANDARDS.—The Secretary of
the Treasury shall, in consultation with the Financial Institutions
Examination Council, the Financial Crimes Enforcement Network,
and Federal, State, Tribal, and local law enforcement agencies,
establish appropriate training materials and standards for use in
the training required under subsection (a).’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
53 of title 31, United States Code, as amended by section 6306(b)(1)
of this division, is amended by adding at the end the following:
‘‘5334. Training regarding anti-money laundering and countering the financing of
terrorism.’’.
SEC. 6308. OBTAINING FOREIGN BANK RECORDS FROM BANKS WITH
UNITED STATES CORRESPONDENT ACCOUNTS.

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Definition.

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(a) GRAND JURY AND TRIAL SUBPOENAS.—Section 5318(k) of
title 31, United States Code, is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraph (B) as subparagraph (C); and
(B) by inserting after subparagraph (A) the following:
‘‘(B) COVERED FINANCIAL INSTITUTION.—The term ‘covered financial institution’ means an institution referred
to in subsection (j)(1).’’; and
(2) by striking paragraph (3) and inserting the following:
‘‘(3) FOREIGN BANK RECORDS.—
‘‘(A) SUBPOENA OF RECORDS.—
‘‘(i) IN GENERAL.—Notwithstanding subsection (b),
the Secretary of the Treasury or the Attorney General
may issue a subpoena to any foreign bank that maintains a correspondent account in the United States
and request any records relating to the correspondent
account or any account at the foreign bank, including
records maintained outside of the United States, that
are the subject of—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4591

‘‘(I) any investigation of a violation of a
criminal law of the United States;
‘‘(II) any investigation of a violation of this
subchapter;
‘‘(III) a civil forfeiture action; or
‘‘(IV) an investigation pursuant to section
5318A.
‘‘(ii) PRODUCTION OF RECORDS.—The foreign bank
on which a subpoena described in clause (i) is served
shall produce all requested records and authenticate
all requested records with testimony in the manner
described in—
‘‘(I) rule 902(12) of the Federal Rules of Evidence; or
‘‘(II) section 3505 of title 18.
‘‘(iii) ISSUANCE AND SERVICE OF SUBPOENA.—A subpoena described in clause (i)—
‘‘(I) shall designate—
‘‘(aa) a return date; and
‘‘(bb) the judicial district in which the
related investigation is proceeding; and
‘‘(II) may be served—
‘‘(aa) in person;
‘‘(bb) by mail or fax in the United States
if the foreign bank has a representative in
the United States; or
‘‘(cc) if applicable, in a foreign country
under any mutual legal assistance treaty,
multilateral agreement, or other request for
international legal or law enforcement assistance.
‘‘(iv) RELIEF FROM SUBPOENA.—
‘‘(I) IN GENERAL.—At any time before the
return date of a subpoena described in clause (i),
the foreign bank on which the subpoena is served
may petition the district court of the United States
for the judicial district in which the related investigation is proceeding, as designated in the subpoena, to modify or quash—
‘‘(aa) the subpoena; or
‘‘(bb) the prohibition against disclosure
described in subparagraph (C).
‘‘(II) CONFLICT WITH FOREIGN SECRECY OR CONFIDENTIALITY.—An assertion that compliance with
a subpoena described in clause (i) would conflict
with a provision of foreign secrecy or confidentiality law shall not be a sole basis for quashing
or modifying the subpoena.
‘‘(B) ACCEPTANCE OF SERVICE.—
‘‘(i) MAINTAINING RECORDS IN THE UNITED
STATES.—Any covered financial institution that maintains a correspondent account in the United States
for a foreign bank shall maintain records in the United
States identifying—
‘‘(I) the owners of record and the beneficial
owners of the foreign bank; and
‘‘(II) the name and address of a person who—

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134 STAT. 4592

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(aa) resides in the United States; and
‘‘(bb) is authorized to accept service of
legal process for records covered under this
subsection.
‘‘(ii) LAW ENFORCEMENT REQUEST.—Upon receipt
of a written request from a Federal law enforcement
officer for information required to be maintained under
this paragraph, a covered financial institution shall
provide the information to the requesting officer not
later than 7 days after receipt of the request.
‘‘(C) NONDISCLOSURE OF SUBPOENA.—
‘‘(i) IN GENERAL.—No officer, director, partner,
employee, or shareholder of, or agent or attorney for,
a foreign bank on which a subpoena is served under
this paragraph shall, directly or indirectly, notify any
account holder involved or any person named in the
subpoena issued under subparagraph (A)(i) and served
on the foreign bank about the existence or contents
of the subpoena.
‘‘(ii) DAMAGES.—Upon application by the Attorney
General for a violation of this subparagraph, a foreign
bank on which a subpoena is served under this paragraph shall be liable to the United States Government
for a civil penalty in an amount equal to—
‘‘(I) double the amount of the suspected
criminal proceeds sent through the correspondent
account of the foreign bank in the related investigation; or
‘‘(II) if no such proceeds can be identified, not
more than $250,000.
‘‘(D) ENFORCEMENT.—
‘‘(i) IN GENERAL.—If a foreign bank fails to obey
a subpoena issued under subparagraph (A)(i), the
Attorney General may invoke the aid of the district
court of the United States for the judicial district in
which the investigation or related proceeding is occurring to compel compliance with the subpoena.
‘‘(ii) COURT ORDERS AND CONTEMPT OF COURT.—
A court described in clause (i) may—
‘‘(I) issue an order requiring the foreign bank
to appear before the Secretary of the Treasury
or the Attorney General to produce—
‘‘(aa) certified records, in accordance
with—
‘‘(AA) rule 902(12) of the Federal
Rules of Evidence; or
‘‘(BB) section 3505 of title 18; or
‘‘(bb) testimony regarding the production
of the certified records; and
‘‘(II) punish any failure to obey an order issued
under subclause (I) as contempt of court.
‘‘(iii) SERVICE OF PROCESS.—All process in a case
under this subparagraph shall be served on the foreign
bank in the same manner as described in subparagraph
(A)(iii).
‘‘(E) TERMINATION OF CORRESPONDENT RELATIONSHIP.—

Deadline.

Courts.
Compliance.

Records.

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Testimony.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4593

‘‘(i) TERMINATION UPON RECEIPT OF NOTICE.—A covered financial institution shall terminate any correspondent relationship with a foreign bank not later
than 10 business days after the date on which the
covered financial institution receives written notice
from the Secretary of the Treasury or the Attorney
General if, after consultation with the other, the Secretary of the Treasury or the Attorney General, as
applicable, determines that the foreign bank has
failed—
‘‘(I) to comply with a subpoena issued under
subparagraph (A)(i); or
‘‘(II) to prevail in proceedings before—
‘‘(aa) the appropriate district court of the
United States after challenging a subpoena
described in subclause (I) under subparagraph
(A)(iv)(I); or
‘‘(bb) a court of appeals of the United
States after appealing a decision of a district
court of the United States under item (aa).
‘‘(ii) LIMITATION ON LIABILITY.—A covered financial
institution shall not be liable to any person in any
court or arbitration proceeding for—
‘‘(I) terminating a correspondent relationship
under this subparagraph; or
‘‘(II) complying with a nondisclosure order
under subparagraph (C).
‘‘(iii) FAILURE TO TERMINATE RELATIONSHIP OR
FAILURE TO COMPLY WITH A SUBPOENA.—
‘‘(I) FAILURE TO TERMINATE RELATIONSHIP.—
A covered financial institution that fails to terminate a correspondent relationship under clause (i)
shall be liable for a civil penalty in an amount
that is not more than $25,000 for each day that
the covered financial institution fails to terminate
the relationship.
‘‘(II) FAILURE TO COMPLY WITH A SUBPOENA.—
‘‘(aa) IN GENERAL.—Upon failure to comply
with a subpoena under subparagraph (A)(i),
a foreign bank may be liable for a civil penalty
assessed by the issuing agency in an amount
that is not more than $50,000 for each day
that the foreign bank fails to comply with
the terms of a subpoena.
‘‘(bb) ADDITIONAL PENALTIES.—Beginning
after the date that is 60 days after a foreign
bank fails to comply with a subpoena under
subparagraph (A)(i), the Secretary of the
Treasury or the Attorney General may seek
additional penalties and compel compliance
with the subpoena in the appropriate district
court of the United States.
‘‘(cc) VENUE FOR RELIEF.—A foreign bank
may seek review in the appropriate district
court of the United States of any penalty
assessed under this clause and the issuance
of a subpoena under subparagraph (A)(i).

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Consultation.
Determination.

Compliance.
Courts.

Penalties.

Penalties.

Effective date.

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134 STAT. 4594

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(F) ENFORCEMENT OF CIVIL PENALTIES.—Upon application by the United States, any funds held in the correspondent account of a foreign bank that is maintained
in the United States with a covered financial institution
may be seized by the United States to satisfy any civil
penalties that are imposed—
‘‘(i) under subparagraph (C)(ii);
‘‘(ii) by a court for contempt under subparagraph
(D); or
‘‘(iii) under subparagraph (E)(iii)(II).’’.
(b) FAIR CREDIT REPORTING ACT AMENDMENT.—Section
604(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1))
is amended—
(1) by striking ‘‘, or a’’ and inserting ‘‘, a’’; and
(2) by inserting ‘‘, or a subpoena issued in accordance
with section 5318 of title 31, United States Code, or section
3486 of title 18, United States Code’’ after ‘‘grand jury’’.
(c) OBSTRUCTION OF JUSTICE.—Section 1510(b)(3)(B) of title 18,
United States Code, is amended—
(1) in the matter preceding clause (i), by striking ‘‘or a
Department of Justice subpoena (issued under section 3486
of title 18)’’ and inserting ‘‘, a subpoena issued under section
3486 of this title, or an order or subpoena issued in accordance
with section 3512 of this title, section 5318 of title 31, or
section 1782 of title 28’’; and
(2) in clause (i), by inserting ‘‘, 1960, an offense against
a foreign nation constituting specified unlawful activity under
section 1956, a foreign offense for which enforcement of a
foreign forfeiture judgment could be brought under section 2467
of title 28’’ after ‘‘1957’’.
(d) RIGHT TO FINANCIAL PRIVACY ACT.—Section 1120(b)(1)(A)
of the Right to Financial Privacy Act of 1978 (12 U.S.C.
3420(b)(1)(A)) is amended—
(1) by striking ‘‘or 1957 of title 18’’ and inserting ‘‘, 1957,
or 1960 of title 18, United States Code’’; and
(2) by striking ‘‘and 5324 of title 31’’ and inserting ‘‘,
5322, 5324, 5331, and 5332 of title 31, United States Code’’.
SEC. 6309. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT
VIOLATORS.

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Penalties.

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Section 5321 of title 31, United States Code, is amended by
adding at the end the following:
‘‘(f) ADDITIONAL DAMAGES FOR REPEAT VIOLATORS.—
‘‘(1) IN GENERAL.—In addition to any other fines permitted
under this section and section 5322, with respect to a person
who has previously violated a provision of (or rule issued under)
this subchapter, section 21 of the Federal Deposit Insurance
Act (12 U.S.C. 1829b), or section 123 of Public Law 91–508
(12 U.S.C. 1953), the Secretary of the Treasury, if practicable,
may impose an additional civil penalty against such person
for each additional such violation in an amount that is not
more than the greater of—
‘‘(A) if practicable to calculate, 3 times the profit gained
or loss avoided by such person as a result of the violation;
or
‘‘(B) 2 times the maximum penalty with respect to
the violation.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4595

‘‘(2) APPLICATION.—For purposes of determining whether
a person has committed a previous violation under paragraph
(1), the determination shall only include violations occurring
after the date of enactment of the Anti-Money Laundering
Act of 2020.’’.

Determinations.
Effective date.

SEC. 6310. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS
OF UNITED STATES FINANCIAL INSTITUTIONS.

(a) IN GENERAL.—Section 5321 of title 31, United States Code,
as amended by section 6309 of this division, is amended by adding
at the end the following:
‘‘(g) CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS
OF UNITED STATES FINANCIAL INSTITUTIONS.—
‘‘(1) DEFINITION.—In this subsection, the term ‘egregious
violation’ means, with respect to an individual—
‘‘(A) a criminal violation—
‘‘(i) for which the individual is convicted; and
‘‘(ii) for which the maximum term of imprisonment
is more than 1 year; and
‘‘(B) a civil violation in which—
‘‘(i) the individual willfully committed the violation;
and
‘‘(ii) the violation facilitated money laundering or
the financing of terrorism.
‘‘(2) BAR.—An individual found to have committed an egregious violation of the Bank Secrecy Act, as defined in section
6003 of the Anti-Money Laundering Act of 2020, or any rules
issued under the Bank Secrecy Act, shall be barred from serving
on the board of directors of a United States financial institution
during the 10-year period that begins on the date on which
the conviction or judgment, as applicable, with respect to the
egregious violation is entered.’’.
(b) RULE OF CONSTRUCTION.—Nothing in the amendment made
by subsection (a) shall be construed to limit the application of
section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829).

Time period.

31 USC 5321
note.

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SEC. 6311. DEPARTMENT OF JUSTICE REPORT ON DEFERRED AND
NON-PROSECUTION AGREEMENTS.

(a) ANNUAL REPORT.—Not later than 1 year after the date
of enactment of this Act, and for each of the 4 years thereafter,
the Attorney General shall submit to the appropriate committees
of Congress a report that contains—
(1) a list of deferred prosecution agreements and nonprosecution agreements that the Attorney General has entered
into, amended, or terminated during the year covered by the
report with any person with respect to a violation or suspected
violation of the Bank Secrecy Act (referred to in this subsection
as ‘‘covered agreements’’);
(2) the justification for entering into, amending, or terminating each covered agreement;
(3) the list of factors that were taken into account in
determining that the Attorney General should enter into,
amend, or terminate each covered agreement; and
(4) the extent of coordination the Attorney General conducted with the Secretary of the Treasury, Federal functional
regulators, or State regulators before entering into, amending,
or terminating each covered agreement.

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(b) CLASSIFIED ANNEX.—Each report submitted under subsection (a) may include a classified annex.
(c) DEFINITION.—In this section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Financial Services of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of Representatives.
SEC. 6312. RETURN OF PROFITS AND BONUSES.

Penalties.
Determination.

Determination.
31 USC 5322
note.

(a) IN GENERAL.—Section 5322 of title 31, United States Code,
is amended by adding at the end the following:
‘‘(e) A person convicted of violating a provision of (or rule
issued under) the Bank Secrecy Act, as defined in section 6003
of the Anti-Money Laundering Act of 2020, shall—
‘‘(1) in addition to any other fine under this section, be
fined in an amount that is equal to the profit gained by such
person by reason of such violation, as determined by the court;
and
‘‘(2) if the person is an individual who was a partner,
director, officer, or employee of a financial institution at the
time the violation occurred, repay to such financial institution
any bonus paid to the individual during the calendar year
in which the violation occurred or the calendar year after
which the violation occurred.’’.
(b) RULE OF CONSTRUCTION.—The amendment made by subsection (a) may not be construed to prohibit a financial institution
from requiring the repayment of a bonus paid to a partner, director,
officer, or employee if the financial institution determines that
the partner, director, officer, or employee engaged in unethical,
but non-criminal, activities.
SEC. 6313. PROHIBITION ON CONCEALMENT OF THE SOURCE OF
ASSETS IN MONETARY TRANSACTIONS.

(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United
States Code, as amended by sections 6306(a)(1) and 6307(a) of
this division, is amended by adding at the end the following:

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31 USC 5335.

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‘‘§ 5335. Prohibition on concealment of the source of assets
in monetary transactions
‘‘(a) DEFINITION OF MONETARY TRANSACTION.—In this section,
the term the term ‘monetary transaction’—
‘‘(1) means the deposit, withdrawal, transfer, or exchange,
in or affecting interstate or foreign commerce, of funds or
a monetary instrument (as defined in section 1956(c)(5) of title
18) by, through, or to a financial institution (as defined in
section 1956(c)(6) of title 18);
‘‘(2) includes any transaction that would be a financial
transaction under section 1956(c)(4)(B) of title 18; and
‘‘(3) does not include any transaction necessary to preserve
the right to representation of a person as guaranteed by the
Sixth Amendment to the Constitution of the United States.
‘‘(b) PROHIBITION.—No person shall knowingly conceal, falsify,
or misrepresent, or attempt to conceal, falsify, or misrepresent,
from or to a financial institution, a material fact concerning the

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4597

ownership or control of assets involved in a monetary transaction
if—
‘‘(1) the person or entity who owns or controls the assets
is a senior foreign political figure, or any immediate family
member or close associate of a senior foreign political figure,
as set forth in this title or the regulations promulgated under
this title; and
‘‘(2) the aggregate value of the assets involved in 1 or
more monetary transactions is not less than $1,000,000.
‘‘(c) SOURCE OF FUNDS.—No person shall knowingly conceal,
falsify, or misrepresent, or attempt to conceal, falsify, or misrepresent, from or to a financial institution, a material fact concerning
the source of funds in a monetary transaction that—
‘‘(1) involves an entity found to be a primary money laundering concern under section 5318A or the regulations promulgated under this title; and
‘‘(2) violates the prohibitions or conditions prescribed under
section 5318A(b)(5) or the regulations promulgated under this
title.
‘‘(d) PENALTIES.—A person convicted of an offense under subsection (b) or (c), or a conspiracy to commit an offense under
subsection (b) or (c), shall be imprisoned for not more than 10
years, fined not more than $1,000,000, or both.
‘‘(e) FORFEITURE.—
‘‘(1) CRIMINAL FORFEITURE.—
‘‘(A) IN GENERAL.—The court, in imposing a sentence
under subsection (d), shall order that the defendant forfeit
to the United States any property involved in the offense
and any property traceable thereto.
‘‘(B) PROCEDURE.—The seizure, restraint, and forfeiture
of property under this paragraph shall be governed by
section 413 of the Controlled Substances Act (21 U.S.C.
853).
‘‘(2) CIVIL FORFEITURE.—
‘‘(A) IN GENERAL.—Any property involved in a violation
of subsection (b) or (c), or a conspiracy to commit a violation
of subsection (b) or (c), and any property traceable thereto
may be seized and forfeited to the United States.
‘‘(B) PROCEDURE.—Seizures and forfeitures under this
paragraph shall be governed by the provisions of chapter
46 of title 18 relating to civil forfeitures, except that such
duties, under the customs laws described in section 981(d)
of title 18, given to the Secretary of the Treasury shall
be performed by such officers, agents, and other persons
as may be designated for that purpose by the Secretary
of Homeland Security or the Attorney General.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 53 of title 31, United States Code, as amended
by sections 6306(b)(1) and 6307(b) of this division, is amended
by adding at the end the following:

Courts.

31 USC 5301
prec.

‘‘5335. Prohibition on concealment of the source of assets in monetary transactions.’’.

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SEC. 6314. UPDATING WHISTLEBLOWER INCENTIVES AND PROTECTION.

(a) WHISTLEBLOWER INCENTIVES AND PROTECTION.—Section
5323 of title 31, United States Code, is amended to read as follows:

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134 STAT. 4598

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Regulations.
Consultation.

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‘‘§ 5323. Whistleblower incentives and protections
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED JUDICIAL OR ADMINISTRATIVE ACTION.—The
term ‘covered judicial or administrative action’ means any
judicial or administrative action brought by the Secretary of
the Treasury (referred to in this section as the ‘Secretary’)
or the Attorney General under this subchapter or subchapter
III that results in monetary sanctions exceeding $1,000,000.
‘‘(2) MONETARY SANCTIONS.—The term ‘monetary sanctions’,
when used with respect to any judicial or administrative
action—
‘‘(A) means any monies, including penalties,
disgorgement, and interest, ordered to be paid; and
‘‘(B) does not include—
‘‘(i) forfeiture;
‘‘(ii) restitution; or
‘‘(iii) any victim compensation payment.
‘‘(3) ORIGINAL INFORMATION.—The term ‘original information’ means information that—
‘‘(A) is derived from the independent knowledge or
analysis of a whistleblower;
‘‘(B) is not known to the Secretary or the Attorney
General from any other source, unless the whistleblower
is the original source of the information; and
‘‘(C) is not exclusively derived from an allegation made
in a judicial or administrative hearing, in a governmental
report, hearing, audit, or investigation, or from the news
media, unless the whistleblower is a source of the information.
‘‘(4) RELATED ACTION.—The term ‘related action’, when used
with respect to any judicial or administrative action brought
by the Secretary or the Attorney General under this subchapter
or subchapter III, means any judicial or administrative action
brought by an entity described in any of subclauses (I) through
(III) of subsection (g)(4)(D)(i) that is based upon the original
information provided by a whistleblower pursuant to subsection
(b) that led to the successful enforcement of the action by
the Secretary or the Attorney General.
‘‘(5) WHISTLEBLOWER.—
‘‘(A) IN GENERAL.—The term ‘whistleblower’ means any
individual who provides, or 2 or more individuals acting
jointly who provide, information relating to a violation
of this subchapter or subchapter III to the employer of
the individual or individuals, including as part of the job
duties of the individual or individuals, or to the Secretary
or the Attorney General.
‘‘(B) SPECIAL RULE.—Solely for the purposes of subsection (g)(1), the term ‘whistleblower’ includes any individual who takes, or 2 or more individuals acting jointly
who take, an action described in subsection (g)(1)(A).
‘‘(b) AWARDS.—
‘‘(1) IN GENERAL.—In any covered judicial or administrative
action, or related action, the Secretary, under regulations prescribed by the Secretary, in consultation with the Attorney
General and subject to subsection (c) and to amounts made
available in advance by appropriation Acts, shall pay an award
or awards to 1 or more whistleblowers who voluntarily provided

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134 STAT. 4599

original information to the employer of the individual, the
Secretary, or the Attorney General, as applicable, that led
to the successful enforcement of the covered judicial or administrative action, or related action, in an aggregate amount equal
to not more than 30 percent, in total, of what has been collected
of the monetary sanctions imposed in the action or related
actions.
‘‘(2) SOURCE OF AWARDS.—For the purposes of paying any
award under this section, the Secretary may, subject to amounts
made available in advance by appropriation Acts, use monetary
sanction amounts recovered based on the original information
with respect to which the award is being paid.
‘‘(c) DETERMINATION OF AMOUNT OF AWARD; DENIAL OF
AWARD.—
‘‘(1) DETERMINATION OF AMOUNT OF AWARD.—
‘‘(A) DISCRETION.—The determination of the amount
of an award made under subsection (b) shall be in the
discretion of the Secretary.
‘‘(B) CRITERIA.—In determining the amount of an
award made under subsection (b), the Secretary shall take
into consideration—
‘‘(i) the significance of the information provided
by the whistleblower to the success of the covered
judicial or administrative action;
‘‘(ii) the degree of assistance provided by the
whistleblower and any legal representative of the
whistleblower in a covered judicial or administrative
action;
‘‘(iii) the programmatic interest of the Department
of the Treasury in deterring violations of this subchapter and subchapter III by making awards to
whistleblowers who provide information that lead to
the successful enforcement of either such subchapter;
and
‘‘(iv) such additional relevant factors as the Secretary, in consultation with the Attorney General, may
establish by rule or regulation.
‘‘(2) DENIAL OF AWARD.—No award under subsection (b)
may be made—
‘‘(A) to any whistleblower who is, or was at the time
the whistleblower acquired the original information submitted to the Secretary or the Attorney General, as
applicable, a member, officer, or employee—
‘‘(i) of—
‘‘(I) an appropriate regulatory or banking
agency;
‘‘(II) the Department of the Treasury or the
Department of Justice; or
‘‘(III) a law enforcement agency; and
‘‘(ii) acting in the normal course of the job duties
of the whistleblower;
‘‘(B) to any whistleblower who is convicted of a criminal
violation related to the judicial or administrative action
for which the whistleblower otherwise could receive an
award under this section; or
‘‘(C) to any whistleblower who fails to submit information to the Secretary or the Attorney General, as applicable,

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Consultation.
Regulations.

Consultation.
Regulations.

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Determination.

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Courts.
Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021

in such form as the Secretary, in consultation with the
Attorney General, may, by rule, require.
‘‘(d) REPRESENTATION.—
‘‘(1) PERMITTED REPRESENTATION.—Any whistleblower who
makes a claim for an award under subsection (b) may be
represented by counsel.
‘‘(2) REQUIRED REPRESENTATION.—
‘‘(A) IN GENERAL.—Any whistleblower who anonymously makes a claim for an award under subsection (b)
shall be represented by counsel if the whistleblower anonymously submits the information upon which the claim is
based.
‘‘(B) DISCLOSURE OF IDENTITY.—Before the payment
of an award, a whistleblower shall disclose the identity
of the whistleblower and provide such other information
as the Secretary may require, directly or through counsel
for the whistleblower.
‘‘(e) NO CONTRACT NECESSARY.—No contract with the Department of the Treasury is necessary for any whistleblower to receive
an award under subsection (b), unless otherwise required by the
Secretary by rule or regulation.
‘‘(f) APPEALS.—
‘‘(1) IN GENERAL.—Any determination made under this section, including whether, to whom, or in what amount to make
awards, shall be in the discretion of the Secretary.
‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—Any determination described in
paragraph (1), except the determination of the amount
of an award if the award was made in accordance with
subsection (b), may be appealed to the appropriate court
of appeals of the United States not more than 30 days
after the determination is issued by the Secretary.
‘‘(B) SCOPE OF REVIEW.—The court to which a determination by the Secretary is appealed under subparagraph
(A) shall review the determination in accordance with section 706 of title 5.
‘‘(g) PROTECTION OF WHISTLEBLOWERS.—
‘‘(1) PROHIBITION AGAINST RETALIATION.—No employer may,
directly or indirectly, discharge, demote, suspend, threaten,
blacklist, harass, or in any other manner discriminate against
a whistleblower in the terms and conditions of employment
or post-employment because of any lawful act done by the
whistleblower—
‘‘(A) in providing information in accordance with this
section to—
‘‘(i) the Secretary or the Attorney General;
‘‘(ii) a Federal regulatory or law enforcement
agency;
‘‘(iii) any Member of Congress or any committee
of Congress; or
‘‘(iv) a person with supervisory authority over the
whistleblower, or such other person working for the
employer who has the authority to investigate, discover, or terminate misconduct; or
‘‘(B) in initiating, testifying in, or assisting in any
investigation or judicial or administrative action of the
Department of the Treasury or the Department of Justice

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4601

based upon or related to the information described in
subparagraph (A); or
‘‘(C) in providing information regarding any conduct
that the whistleblower reasonably believes constitutes a
violation of any law, rule, or regulation subject to the
jurisdiction of the Department of the Treasury, or a violation of section 1956, 1957, or 1960 of title 18 (or any
rule or regulation under any such provision), to—
‘‘(i) a person with supervisory authority over the
whistleblower at the employer of the whistleblower;
or
‘‘(ii) another individual working for the employer
described in clause (i) who the whistleblower reasonably believes has the authority to—
‘‘(I) investigate, discover, or terminate the misconduct; or
‘‘(II) take any other action to address the misconduct.
‘‘(2) ENFORCEMENT.—Any individual who alleges discharge
or other discrimination, or is otherwise aggrieved by an
employer, in violation of paragraph (1), may seek relief by—
‘‘(A) filing a complaint with the Secretary of Labor
in accordance with the requirements of this subsection;
or
‘‘(B) if the Secretary of Labor has not issued a final
decision within 180 days of the filing of a complaint under
subparagraph (A), and there is no showing that such a
delay is due to the bad faith of the claimant, bringing
an action against the employer at law or in equity in
the appropriate district court of the United States, which
shall have jurisdiction over such an action without regard
to the amount in controversy.
‘‘(3) PROCEDURE.—
‘‘(A) DEPARTMENT OF LABOR COMPLAINT.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii) and subparagraph (C), the requirements under section 42121(b) of title 49, including the legal burdens
of proof described in such section 42121(b), shall apply
with respect to a complaint filed under paragraph
(2)(A) by an individual against an employer.
‘‘(ii) EXCEPTION.—With respect to a complaint filed
under paragraph (2)(A), notification required to be
made under section 42121(b)(1) of title 49 shall be
made to each person named in the complaint, including
the employer.
‘‘(B) DISTRICT COURT COMPLAINT.—
‘‘(i) JURY TRIAL.—A party to an action brought
under paragraph (2)(B) shall be entitled to trial by
jury.
‘‘(ii) STATUTE OF LIMITATIONS.—
‘‘(I) IN GENERAL.—An action may not be
brought under paragraph (2)(B)—
‘‘(aa) more than 6 years after the date
on which the violation of paragraph (1) occurs;
or
‘‘(bb) more than 3 years after the date
on which when facts material to the right

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Courts.

Applicability.

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134 STAT. 4602

PUBLIC LAW 116–283—JAN. 1, 2021
of action are known, or reasonably should have
been known, by the employee alleging a violation of paragraph (1).
‘‘(II) REQUIRED ACTION WITHIN 10 YEARS.—Notwithstanding subclause (I), an action under paragraph (2)(B) may not in any circumstance be
brought more than 10 years after the date on
which the violation occurs.
‘‘(C) RELIEF.—Relief for an individual prevailing with
respect to a complaint filed under subparagraph (A) of
paragraph (2) or an action brought under subparagraph
(B) of that paragraph shall include—
‘‘(i) reinstatement with the same seniority status
that the individual would have had, but for the conduct
that is the subject of the complaint or action, as
applicable;
‘‘(ii) 2 times the amount of back pay otherwise
owed to the individual, with interest;
‘‘(iii) the payment of compensatory damages, which
shall include compensation for litigation costs, expert
witness fees, and reasonable attorneys’ fees; and
‘‘(iv) any other appropriate remedy with respect
to the conduct that is the subject of the complaint
or action, as applicable.
‘‘(4) CONFIDENTIALITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (C) and (D), the Secretary or the Attorney General,
as applicable, and any officer or employee of the Department of the Treasury or the Department of Justice, shall
not disclose any information, including information provided by a whistleblower to either such official, which
could reasonably be expected to reveal the identity of a
whistleblower, except in accordance with the provisions
of section 552a of title 5, unless and until required to
be disclosed to a defendant or respondent in connection
with a public proceeding instituted by the appropriate such
official or any entity described in subparagraph (D).
‘‘(B) EXEMPTED STATUTE.—For purposes of section 552
of title 5, this paragraph shall be considered a statute
described in subsection (b)(3)(B) of such section 552.
‘‘(C) RULE OF CONSTRUCTION.—Nothing in this section
is intended to limit, or shall be construed to limit, the
ability of the Attorney General to present such evidence
to a grand jury or to share such evidence with potential
witnesses or defendants in the course of an ongoing
criminal investigation.
‘‘(D) AVAILABILITY TO GOVERNMENT AGENCIES.—
‘‘(i) IN GENERAL.—Without the loss of its status
as confidential in the hands of the Secretary or the
Attorney General, as applicable, all information
referred to in subparagraph (A) may, in the discretion
of the appropriate such official, when determined by
that official to be necessary to accomplish the purposes
of this subchapter, be made available to—
‘‘(I) any appropriate Federal authority;
‘‘(II) a State attorney general in connection
with any criminal investigation;

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‘‘(III) any appropriate State regulatory
authority; and
‘‘(IV) a foreign law enforcement authority.
‘‘(ii) CONFIDENTIALITY.—
‘‘(I) IN GENERAL.—Each of the entities
described in subclauses (I) through (III) of clause
(i) shall maintain such information as confidential
in accordance with the requirements established
under subparagraph (A).
‘‘(II) FOREIGN AUTHORITIES.—Each entity
described in clause (i)(IV) shall maintain such
information in accordance with such assurances
of confidentiality as determined by the Secretary
or Attorney General, as applicable.
‘‘(5) RIGHTS RETAINED.—Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any
whistleblower under any Federal or State law or under any
collective bargaining agreement.
‘‘(6) COORDINATION WITH OTHER PROVISIONS OF LAW.—This
subsection shall not apply with respect to any employer that
is subject to section 33 of the Federal Deposit Insurance Act
(12 U.S.C. 1831j) or section 213 or 214 of the Federal Credit
Union Act (12 U.S.C. 1790b, 1790c).
‘‘(h) PROVISION OF FALSE INFORMATION.—A whistleblower shall
not be entitled to an award under this section if the whistleblower—
‘‘(1) knowingly and willfully makes any false, fictitious,
or fraudulent statement or representation; or
‘‘(2) uses any false writing or document knowing the writing
or document contains any false, fictitious, or fraudulent statement or entry.
‘‘(i) RULEMAKING AUTHORITY.—The Secretary, in consultation
with the Attorney General, shall have the authority to issue such
rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes
of this section.
‘‘(j) NONENFORCEABILITY OF CERTAIN PROVISIONS WAIVING
RIGHTS AND REMEDIES OR REQUIRING ARBITRATION OF DISPUTES.—
‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The rights and
remedies provided for in this section may not be waived by
any agreement, policy form, or condition of employment,
including by a predispute arbitration agreement.
‘‘(2) PREDISPUTE ARBITRATION AGREEMENTS.—No predispute
arbitration agreement shall be valid or enforceable, to the
extent the agreement requires arbitration of a dispute arising
under this section.’’.
(b) REPEAL OF SECTION 5328 OF TITLE 31.—Section 5328 of
title 31, United States Code, is repealed.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—The table of
sections for subchapter II of chapter 53 of title 31, United States
Code, is amended—
(1) by striking the item relating to section 5323 and
inserting the following:

Consultation.

31 USC 5301
prec.

‘‘5323. Whistleblower incentives and protections.’’; and

(2) by striking the item relating to section 5328.

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134 STAT. 4604
Corporate
Transparency
Act.

PUBLIC LAW 116–283—JAN. 1, 2021

TITLE
LXIV—ESTABLISHING
BENEFICIAL OWNERSHIP INFORMATION
REPORTING REQUIREMENTS

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Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.

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31 USC 5301
note.

SEC. 6401. SHORT TITLE.

31 USC 5336
note.

SEC. 6402. SENSE OF CONGRESS.

06:40 Jan 20, 2022

This title may be cited as the ‘‘Corporate Transparency Act’’.
It is the sense of Congress that—
(1) more than 2,000,000 corporations and limited liability
companies are being formed under the laws of the States each
year;
(2) most or all States do not require information about
the beneficial owners of the corporations, limited liability
companies, or other similar entities formed under the laws
of the State;
(3) malign actors seek to conceal their ownership of corporations, limited liability companies, or other similar entities in
the United States to facilitate illicit activity, including money
laundering, the financing of terrorism, proliferation financing,
serious tax fraud, human and drug trafficking, counterfeiting,
piracy, securities fraud, financial fraud, and acts of foreign
corruption, harming the national security interests of the
United States and allies of the United States;
(4) money launderers and others involved in commercial
activity intentionally conduct transactions through corporate
structures in order to evade detection, and may layer such
structures, much like Russian nesting ‘‘Matryoshka’’ dolls,
across various secretive jurisdictions such that each time an
investigator obtains ownership records for a domestic or foreign
entity, the newly identified entity is yet another corporate
entity, necessitating a repeat of the same process;
(5) Federal legislation providing for the collection of beneficial ownership information for corporations, limited liability
companies, or other similar entities formed under the laws
of the States is needed to—
(A) set a clear, Federal standard for incorporation practices;
(B) protect vital Unites States national security
interests;
(C) protect interstate and foreign commerce;
(D) better enable critical national security, intelligence,
and law enforcement efforts to counter money laundering,
the financing of terrorism, and other illicit activity; and
(E) bring the United States into compliance with international anti-money laundering and countering the
financing of terrorism standards;
(6) beneficial ownership information collected under the
amendments made by this title is sensitive information and
will be directly available only to authorized government authorities, subject to effective safeguards and controls, to—

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134 STAT. 4605

(A) facilitate important national security, intelligence,
and law enforcement activities; and
(B) confirm beneficial ownership information provided
to financial institutions to facilitate the compliance of the
financial institutions with anti-money laundering, countering the financing of terrorism, and customer due diligence requirements under applicable law;
(7) consistent with applicable law, the Secretary of the
Treasury shall—
(A) maintain the information described in paragraph
(1) in a secure, nonpublic database, using information security methods and techniques that are appropriate to protect
nonclassified information systems at the highest security
level; and
(B) take all steps, including regular auditing, to ensure
that government authorities accessing beneficial ownership
information do so only for authorized purposes consistent
with this title; and
(8) in prescribing regulations to provide for the reporting
of beneficial ownership information, the Secretary shall, to
the greatest extent practicable consistent with the purposes
of this title—
(A) seek to minimize burdens on reporting companies
associated with the collection of beneficial ownership
information;
(B) provide clarity to reporting companies concerning
the identification of their beneficial owners; and
(C) collect information in a form and manner that
is reasonably designed to generate a database that is highly
useful to national security, intelligence, and law enforcement agencies and Federal functional regulators.
SEC.

6403.

BENEFICIAL OWNERSHIP
REQUIREMENTS.

INFORMATION

REPORTING

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(a) IN GENERAL.—Subchapter II of chapter 53 of title 31, United
States Code, as amended by sections 6306(a)(1), 6307(a), and
6313(a) of this division, is amended by adding at the end the
following:
‘‘§ 5336. Beneficial ownership information reporting requirements
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ACCEPTABLE IDENTIFICATION DOCUMENT.—The term
‘acceptable identification document’ means, with respect to an
individual—
‘‘(A) a nonexpired passport issued by the United States;
‘‘(B) a nonexpired identification document issued by
a State, local government, or Indian Tribe to the individual
acting for the purpose of identification of that individual;
‘‘(C) a nonexpired driver’s license issued by a State;
or
‘‘(D) if the individual does not have a document
described in subparagraph (A), (B), or (C), a nonexpired
passport issued by a foreign government.
‘‘(2) APPLICANT.—The term ‘applicant’ means any individual
who—

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(A) files an application to form a corporation, limited
liability company, or other similar entity under the laws
of a State or Indian Tribe; or
‘‘(B) registers or files an application to register a corporation, limited liability company, or other similar entity
formed under the laws of a foreign country to do business
in the United States by filing a document with the secretary
of state or similar office under the laws of a State or
Indian Tribe.
‘‘(3) BENEFICIAL OWNER.—The term ‘beneficial owner’—
‘‘(A) means, with respect to an entity, an individual
who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—
‘‘(i) exercises substantial control over the entity;
or
‘‘(ii) owns or controls not less than 25 percent
of the ownership interests of the entity; and
‘‘(B) does not include—
‘‘(i) a minor child, as defined in the State in which
the entity is formed, if the information of the parent
or guardian of the minor child is reported in accordance
with this section;
‘‘(ii) an individual acting as a nominee, intermediary, custodian, or agent on behalf of another individual;
‘‘(iii) an individual acting solely as an employee
of a corporation, limited liability company, or other
similar entity and whose control over or economic benefits from such entity is derived solely from the employment status of the person;
‘‘(iv) an individual whose only interest in a corporation, limited liability company, or other similar entity
is through a right of inheritance; or
‘‘(v) a creditor of a corporation, limited liability
company, or other similar entity, unless the creditor
meets the requirements of subparagraph (A).
‘‘(4) DIRECTOR.—The term ‘Director’ means the Director
of FinCEN.
‘‘(5) FINCEN.—The term ‘FinCEN’ means the Financial
Crimes Enforcement Network of the Department of the
Treasury.
‘‘(6) FINCEN IDENTIFIER.—The term ‘FinCEN identifier’
means the unique identifying number assigned by FinCEN
to a person under this section.
‘‘(7) FOREIGN PERSON.—The term ‘foreign person’ means
a person who is not a United States person, as defined in
section 7701(a) of the Internal Revenue Code of 1986.
‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given the term ‘Indian tribe’ in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
‘‘(9) LAWFULLY ADMITTED FOR PERMANENT RESIDENCE.—The
term ‘lawfully admitted for permanent residence’ has the
meaning given the term in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)).
‘‘(10) POOLED INVESTMENT VEHICLE.—The term ‘pooled
investment vehicle’ means—

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134 STAT. 4607

‘‘(A) any investment company, as defined in section
3(a) of the Investment Company Act of 1940 (15 U.S.C.
80a–3(a)); or
‘‘(B) any company that—
‘‘(i) would be an investment company under that
section but for the exclusion provided from that definition by paragraph (1) or (7) of section 3(c) of that
Act (15 U.S.C. 80a–3(c)); and
‘‘(ii) is identified by its legal name by the applicable
investment adviser in its Form ADV (or successor form)
filed with the Securities and Exchange Commission.
‘‘(11) REPORTING COMPANY.—The term ‘reporting company’—
‘‘(A) means a corporation, limited liability company,
or other similar entity that is—
‘‘(i) created by the filing of a document with a
secretary of state or a similar office under the law
of a State or Indian Tribe; or
‘‘(ii) formed under the law of a foreign country
and registered to do business in the United States
by the filing of a document with a secretary of state
or a similar office under the laws of a State or Indian
Tribe; and
‘‘(B) does not include—
‘‘(i) an issuer—
‘‘(I) of a class of securities registered under
section 12 of the Securities Exchange Act of 1934
(15 U.S.C. 78l); or
‘‘(II) that is required to file supplementary
and periodic information under section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C.
78o(d));
‘‘(ii) an entity—
‘‘(I) established under the laws of the United
States, an Indian Tribe, a State, or a political
subdivision of a State, or under an interstate compact between 2 or more States; and
‘‘(II) that exercises governmental authority on
behalf of the United States or any such Indian
Tribe, State, or political subdivision;
‘‘(iii) a bank, as defined in—
‘‘(I) section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813);
‘‘(II) section 2(a) of the Investment Company
Act of 1940 (15 U.S.C. 80a–2(a)); or
‘‘(III) section 202(a) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b–2(a));
‘‘(iv) a Federal credit union or a State credit union
(as those terms are defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752));
‘‘(v) a bank holding company (as defined in section
2 of the Bank Holding Company Act of 1956 (12 U.S.C.
1841)) or a savings and loan holding company (as
defined in section 10(a) of the Home Owners’ Loan
Act (12 U.S.C. 1467a(a)));
‘‘(vi) a money transmitting business registered
with the Secretary of the Treasury under section 5330;

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(vii) a broker or dealer (as those terms are defined
in section 3 of the Securities Exchange Act of 1934
(15 U.S.C. 78c)) that is registered under section 15
of that Act (15 U.S.C. 78o);
‘‘(viii) an exchange or clearing agency (as those
terms are defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c)) that is registered
under section 6 or 17A of that Act (15 U.S.C. 78f,
78q–1);
‘‘(ix) any other entity not described in clause (i),
(vii), or (viii) that is registered with the Securities
and Exchange Commission under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.);
‘‘(x) an entity that—
‘‘(I) is an investment company (as defined in
section 3 of the Investment Company Act of 1940
(15 U.S.C. 80a–3)) or an investment adviser (as
defined in section 202 of the Investment Advisers
Act of 1940 (15 U.S.C. 80b–2)); and
‘‘(II) is registered with the Securities and
Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) or
the Investment Advisers Act of 1940 (15 U.S.C.
80b–1 et seq.);
‘‘(xi) an investment adviser—
‘‘(I) described in section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3(l));
and
‘‘(II) that has filed Item 10, Schedule A, and
Schedule B of Part 1A of Form ADV, or any successor thereto, with the Securities and Exchange
Commission;
‘‘(xii) an insurance company (as defined in section
2 of the Investment Company Act of 1940 (15 U.S.C.
80a–2));
‘‘(xiii) an entity that—
‘‘(I) is an insurance producer that is authorized
by a State and subject to supervision by the insurance commissioner or a similar official or agency
of a State; and
‘‘(II) has an operating presence at a physical
office within the United States;
‘‘(xiv)(I) a registered entity (as defined in section
1a of the Commodity Exchange Act (7 U.S.C. 1a));
or
‘‘(II) an entity that is—
‘‘(aa)(AA) a futures commission merchant,
introducing broker, swap dealer, major swap
participant, commodity pool operator, or commodity trading advisor (as those terms are defined
in section 1a of the Commodity Exchange Act (7
U.S.C. 1a)); or
‘‘(BB) a retail foreign exchange dealer, as
described in section 2(c)(2)(B) of that Act (7 U.S.C.
2(c)(2)(B)); and

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134 STAT. 4609

‘‘(bb) registered with the Commodity Futures
Trading Commission under the Commodity
Exchange Act (7 U.S.C. 1 et seq.);
‘‘(xv) a public accounting firm registered in accordance with section 102 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7212);
‘‘(xvi) a public utility that provides telecommunications services, electrical power, natural gas, or water
and sewer services within the United States;
‘‘(xvii) a financial market utility designated by the
Financial Stability Oversight Council under section 804
of the Payment, Clearing, and Settlement Supervision
Act of 2010 (12 U.S.C. 5463);
‘‘(xviii) any pooled investment vehicle that is operated or advised by a person described in clause (iii),
(iv), (vii), (x), or (xi);
‘‘(xix) any—
‘‘(I) organization that is described in section
501(c) of the Internal Revenue Code of 1986 (determined without regard to section 508(a) of such
Code) and exempt from tax under section 501(a)
of such Code, except that in the case of any such
organization that loses an exemption from tax,
such organization shall be considered to be continued to be described in this subclause for the 180day period beginning on the date of the loss of
such tax-exempt status;
‘‘(II) political organization (as defined in section 527(e)(1) of such Code) that is exempt from
tax under section 527(a) of such Code; or
‘‘(III) trust described in paragraph (1) or (2)
of section 4947(a) of such Code;
‘‘(xx) any corporation, limited liability company,
or other similar entity that—
‘‘(I) operates exclusively to provide financial
assistance to, or hold governance rights over, any
entity described in clause (xix);
‘‘(II) is a United States person;
‘‘(III) is beneficially owned or controlled exclusively by 1 or more United States persons that
are United States citizens or lawfully admitted
for permanent residence; and
‘‘(IV) derives at least a majority of its funding
or revenue from 1 or more United States persons
that are United States citizens or lawfully
admitted for permanent residence;
‘‘(xxi) any entity that—
‘‘(I) employs more than 20 employees on a
full-time basis in the United States;
‘‘(II) filed in the previous year Federal income
tax returns in the United States demonstrating
more than $5,000,000 in gross receipts or sales
in the aggregate, including the receipts or sales
of—
‘‘(aa) other entities owned by the entity;
and

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134 STAT. 4610

‘‘(bb) other entities through which the
entity operates; and
‘‘(III) has an operating presence at a physical
office within the United States;
‘‘(xxii) any corporation, limited liability company,
or other similar entity of which the ownership interests
are owned or controlled, directly or indirectly, by 1
or more entities described in clause (i), (ii), (iii), (iv),
(v), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv),
(xvi), (xvii) (xix), or (xxi);
‘‘(xxiii) any corporation, limited liability company,
or other similar entity—
‘‘(I) in existence for over 1 year;
‘‘(II) that is not engaged in active business;
‘‘(III) that is not owned, directly or indirectly,
by a foreign person;
‘‘(IV) that has not, in the preceding 12-month
period, experienced a change in ownership or sent
or received funds in an amount greater than $1,000
(including all funds sent to or received from any
source through a financial account or accounts in
which the entity, or an affiliate of the entity, maintains an interest); and
‘‘(V) that does not otherwise hold any kind
or type of assets, including an ownership interest
in any corporation, limited liability company, or
other similar entity;
‘‘(xxiv) any entity or class of entities that the Secretary of the Treasury, with the written concurrence
of the Attorney General and the Secretary of Homeland
Security, has, by regulation, determined should be
exempt from the requirements of subsection (b) because
requiring beneficial ownership information from the
entity or class of entities—
‘‘(I) would not serve the public interest; and
‘‘(II) would not be highly useful in national
security, intelligence, and law enforcement agency
efforts to detect, prevent, or prosecute money laundering, the financing of terrorism, proliferation
finance, serious tax fraud, or other crimes.
‘‘(12) STATE.—The term ‘State’ means any State of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the United States Virgin
Islands, and any other commonwealth, territory, or possession
of the United States.
‘‘(13) UNIQUE IDENTIFYING NUMBER.—The term ‘unique
identifying number’ means, with respect to an individual or
an entity with a sole member, the unique identifying number
from an acceptable identification document.
‘‘(14) UNITED STATES PERSON.—The term ‘United States
person’ has the meaning given the term in section 7701(a)
of the Internal Revenue Code of 1986.
‘‘(b) BENEFICIAL OWNERSHIP INFORMATION REPORTING.—
‘‘(1) REPORTING.—
‘‘(A) IN GENERAL.—In accordance with regulations prescribed by the Secretary of the Treasury, each reporting

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134 STAT. 4611

company shall submit to FinCEN a report that contains
the information described in paragraph (2).
‘‘(B) REPORTING OF EXISTING ENTITIES.—In accordance
with regulations prescribed by the Secretary of the
Treasury, any reporting company that has been formed
or registered before the effective date of the regulations
prescribed under this subsection shall, in a timely manner,
and not later than 2 years after the effective date of the
regulations prescribed under this subsection, submit to
FinCEN a report that contains the information described
in paragraph (2).
‘‘(C) REPORTING AT TIME OF FORMATION OR REGISTRATION.—In accordance with regulations prescribed by the
Secretary of the Treasury, any reporting company that
has been formed or registered after the effective date of
the regulations promulgated under this subsection shall,
at the time of formation or registration, submit to FinCEN
a report that contains the information described in paragraph (2).
‘‘(D) UPDATED REPORTING FOR CHANGES IN BENEFICIAL
OWNERSHIP.—In accordance with regulations prescribed by
the Secretary of the Treasury, a reporting company shall,
in a timely manner, and not later than 1 year after the
date on which there is a change with respect to any
information described in paragraph (2), submit to FinCEN
a report that updates the information relating to the
change.
‘‘(E) TREASURY REVIEW OF UPDATED REPORTING FOR
CHANGES IN BENEFICIAL OWNERSHIP.—The Secretary of the
Treasury, in consultation with the Attorney General and
the Secretary of Homeland Security, shall conduct a review
to evaluate—
‘‘(i) the necessity of a requirement for corporations,
limited liability companies, or other similar entities
to update the report on beneficial ownership information in paragraph (2), related to a change in ownership,
within a shorter period of time than required under
subparagraph (D), taking into account the updating
requirements under subparagraph (D) and the information contained in the reports;
‘‘(ii) the benefit to law enforcement and national
security officials that might be derived from, and the
burden that a requirement to update the list of beneficial owners within a shorter period of time after
a change in the list of beneficial owners would impose
on corporations, limited liability companies, or other
similar entities; and
‘‘(iii) not later than 2 years after the date of enactment of this section, incorporate into the regulations,
as appropriate, any changes necessary to implement
the findings and determinations based on the review
required under this subparagraph.
‘‘(F) REGULATION REQUIREMENTS.—In promulgating the
regulations required under subparagraphs (A) through (D),
the Secretary of the Treasury shall, to the greatest extent
practicable—

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134 STAT. 4612

‘‘(i) establish partnerships with State, local, and
Tribal governmental agencies;
‘‘(ii) collect information described in paragraph (2)
through existing Federal, State, and local processes
and procedures;
‘‘(iii) minimize burdens on reporting companies
associated with the collection of the information
described in paragraph (2), in light of the private
compliance costs placed on legitimate businesses,
including by identifying any steps taken to mitigate
the costs relating to compliance with the collection
of information; and
‘‘(iv) collect information described in paragraph (2)
in a form and manner that ensures the information
is highly useful in—
‘‘(I) facilitating important national security,
intelligence, and law enforcement activities; and
‘‘(II) confirming beneficial ownership information provided to financial institutions to facilitate
the compliance of the financial institutions with
anti-money laundering, countering the financing
of terrorism, and customer due diligence requirements under applicable law.
‘‘(G) REGULATORY SIMPLIFICATION.—To simplify compliance with this section for reporting companies and financial
institutions, the Secretary of the Treasury shall ensure
that the regulations prescribed by the Secretary under
this subsection are added to part 1010 of title 31, Code
of Federal Regulations, or any successor thereto.
‘‘(2) REQUIRED INFORMATION.—
‘‘(A) IN GENERAL.—In accordance with regulations prescribed by the Secretary of the Treasury, a report delivered
under paragraph (1) shall, except as provided in subparagraph (B), identify each beneficial owner of the applicable
reporting company and each applicant with respect to that
reporting company by—
‘‘(i) full legal name;
‘‘(ii) date of birth;
‘‘(iii) current, as of the date on which the report
is delivered, residential or business street address; and
‘‘(iv)(I) unique identifying number from an acceptable identification document; or
‘‘(II) FinCEN identifier in accordance with requirements in paragraph (3).
‘‘(B) REPORTING REQUIREMENT FOR EXEMPT ENTITIES
HAVING AN OWNERSHIP INTEREST.—If an exempt entity
described in subsection (a)(11)(B) has or will have a direct
or indirect ownership interest in a reporting company, the
reporting company or the applicant—
‘‘(i) shall, with respect to the exempt entity, only
list the name of the exempt entity; and
‘‘(ii) shall not be required to report the information
with respect to the exempt entity otherwise required
under subparagraph (A).
‘‘(C) REPORTING REQUIREMENT FOR CERTAIN POOLED
INVESTMENT VEHICLES.—Any corporation, limited liability
company, or other similar entity that is an exempt entity

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described in subsection (a)(11)(B)(xviii) and is formed under
the laws of a foreign country shall file with FinCEN a
written certification that provides identification information of an individual that exercises substantial control over
the pooled investment vehicle in the same manner as
required under this subsection.
‘‘(D) REPORTING REQUIREMENT FOR EXEMPT SUBSIDIARIES.—In accordance with the regulations promulgated
by the Secretary, any corporation, limited liability company,
or other similar entity that is an exempt entity described
in subsection (a)(11)(B)(xxii), shall, at the time such entity
no longer meets the criteria described in subsection
(a)(11)(B)(xxii), submit to FinCEN a report containing the
information required under subparagraph (A).
‘‘(E) REPORTING REQUIREMENT FOR EXEMPT GRANDFATHERED ENTITIES.—In accordance with the regulations
promulgated by the Secretary, any corporation, limited
liability company, or other similar entity that is an exempt
entity described in subsection (a)(11)(B)(xxiii), shall, at the
time such entity no longer meets the criteria described
in subsection (a)(11)(B)(xxiii), submit to FinCEN a report
containing the information required under subparagraph
(A).
‘‘(3) FINCEN IDENTIFIER.—
‘‘(A) ISSUANCE OF FINCEN IDENTIFIER.—
‘‘(i) IN GENERAL.—Upon request by an individual
who has provided FinCEN with the information
described in paragraph (2)(A) pertaining to the individual, or by an entity that has reported its beneficial
ownership information to FinCEN in accordance with
this section, FinCEN shall issue a FinCEN identifier
to such individual or entity.
‘‘(ii) UPDATING OF INFORMATION.—An individual or
entity with a FinCEN identifier shall submit filings
with FinCEN pursuant to paragraph (1) updating any
information described in paragraph (2) in a timely
manner consistent with paragraph (1)(D).
‘‘(iii) EXCLUSIVE IDENTIFIER.—FinCEN shall not
issue more than 1 FinCEN identifier to the same individual or to the same entity (including any successor
entity).
‘‘(B) USE OF FINCEN IDENTIFIER FOR INDIVIDUALS.—
Any person required to report the information described
in paragraph (2) with respect to an individual may instead
report the FinCEN identifier of the individual.
‘‘(C) USE OF FINCEN IDENTIFIER FOR ENTITIES.—If an
individual is or may be a beneficial owner of a reporting
company by an interest held by the individual in an entity
that, directly or indirectly, holds an interest in the
reporting company, the reporting company may report the
FinCEN identifier of the entity in lieu of providing the
information required by paragraph (2)(A) with respect to
the individual.
‘‘(4) REGULATIONS.—The Secretary of the Treasury shall—
‘‘(A) by regulation prescribe procedures and standards
governing any report under paragraph (2) and any FinCEN
identifier under paragraph (3); and

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‘‘(B) in promulgating the regulations under subparagraph (A) to the extent practicable, consistent with the
purposes of this section—
‘‘(i) minimize burdens on reporting companies associated with the collection of beneficial ownership
information, including by eliminating duplicative
requirements; and
‘‘(ii) ensure the beneficial ownership information
reported to FinCEN is accurate, complete, and highly
useful.
‘‘(5) EFFECTIVE DATE.—The requirements of this subsection
shall take effect on the effective date of the regulations prescribed by the Secretary of the Treasury under this subsection,
which shall be promulgated not later than 1 year after the
date of enactment of this section.
‘‘(6) REPORT.—Not later than 1 year after the effective
date described in paragraph (5), and annually thereafter for
2 years, the Secretary of the Treasury shall submit to Congress
a report describing the procedures and standards prescribed
to carry out paragraph (2), which shall include an assessment
of—
‘‘(A) the effectiveness of those procedures and standards in minimizing reporting burdens (including through
the elimination of duplicative requirements) and strengthening the accuracy of reports submitted under paragraph
(2); and
‘‘(B) any alternative procedures and standards prescribed to carry out paragraph (2).
‘‘(c) RETENTION AND DISCLOSURE OF BENEFICIAL OWNERSHIP
INFORMATION BY FINCEN.—
‘‘(1) RETENTION OF INFORMATION.—Beneficial ownership
information required under subsection (b) relating to each
reporting company shall be maintained by FinCEN for not
fewer than 5 years after the date on which the reporting company terminates.
‘‘(2) DISCLOSURE.—
‘‘(A) PROHIBITION.—Except as authorized by this subsection and the protocols promulgated under this subsection, beneficial ownership information reported under
this section shall be confidential and may not be disclosed
by—
‘‘(i) an officer or employee of the United States;
‘‘(ii) an officer or employee of any State, local,
or Tribal agency; or
‘‘(iii) an officer or employee of any financial institution or regulatory agency receiving information under
this subsection.
‘‘(B) SCOPE OF DISCLOSURE BY FINCEN.—FinCEN may
disclose beneficial ownership information reported pursuant to this section only upon receipt of—
‘‘(i) a request, through appropriate protocols—
‘‘(I) from a Federal agency engaged in national
security, intelligence, or law enforcement activity,
for use in furtherance of such activity; or
‘‘(II) from a State, local, or Tribal law enforcement agency, if a court of competent jurisdiction,

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134 STAT. 4615

including any officer of such a court, has authorized the law enforcement agency to seek the
information in a criminal or civil investigation;
‘‘(ii) a request from a Federal agency on behalf
of a law enforcement agency, prosecutor, or judge of
another country, including a foreign central authority
or competent authority (or like designation), under an
international treaty, agreement, convention, or official
request made by law enforcement, judicial, or prosecutorial authorities in trusted foreign countries when
no treaty, agreement, or convention is available—
‘‘(I) issued in response to a request for assistance in an investigation or prosecution by such
foreign country; and
‘‘(II) that—
‘‘(aa) requires compliance with the disclosure and use provisions of the treaty, agreement, or convention, publicly disclosing any
beneficial ownership information received; or
‘‘(bb) limits the use of the information for
any purpose other than the authorized investigation or national security or intelligence
activity;
‘‘(iii) a request made by a financial institution subject to customer due diligence requirements, with the
consent of the reporting company, to facilitate the
compliance of the financial institution with customer
due diligence requirements under applicable law; or
‘‘(iv) a request made by a Federal functional regulator or other appropriate regulatory agency consistent
with the requirements of subparagraph (C).
‘‘(C) FORM AND MANNER OF DISCLOSURE TO FINANCIAL
INSTITUTIONS AND REGULATORY AGENCIES.—The Secretary
of the Treasury shall, by regulation, prescribe the form
and manner in which information shall be provided to
a financial institution under subparagraph (B)(iii), which
regulation shall include that the information shall also
be available to a Federal functional regulator or other
appropriate regulatory agency, as determined by the Secretary, if the agency—
‘‘(i) is authorized by law to assess, supervise,
enforce, or otherwise determine the compliance of the
financial institution with the requirements described
in that subparagraph;
‘‘(ii) uses the information solely for the purpose
of conducting the assessment, supervision, or authorized investigation or activity described in clause (i);
and
‘‘(iii) enters into an agreement with the Secretary
providing for appropriate protocols governing the safekeeping of the information.
‘‘(3) APPROPRIATE PROTOCOLS.—The Secretary of the
Treasury shall establish by regulation protocols described in
paragraph (2)(A) that—
‘‘(A) protect the security and confidentiality of any
beneficial ownership information provided directly by the
Secretary;

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Regulations.
Determination.
Assessments.

Compliance.

Contracts.

Regulations.
Requirements.

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134 STAT. 4616

‘‘(B) require the head of any requesting agency, on
a non-delegable basis, to approve the standards and procedures utilized by the requesting agency and certify to the
Secretary semi-annually that such standards and procedures are in compliance with the requirements of this
paragraph;
‘‘(C) require the requesting agency to establish and
maintain, to the satisfaction of the Secretary, a secure
system in which such beneficial ownership information provided directly by the Secretary shall be stored;
‘‘(D) require the requesting agency to furnish a report
to the Secretary, at such time and containing such information as the Secretary may prescribe, that describes the
procedures established and utilized by such agency to
ensure the confidentiality of the beneficial ownership
information provided directly by the Secretary;
‘‘(E) require a written certification for each authorized
investigation or other activity described in paragraph (2)
from the head of an agency described in paragraph
(2)(B)(i)(I), or their designees, that—
‘‘(i) states that applicable requirements have been
met, in such form and manner as the Secretary may
prescribe; and
‘‘(ii) at a minimum, sets forth the specific reason
or reasons why the beneficial ownership information
is relevant to an authorized investigation or other
activity described in paragraph (2);
‘‘(F) require the requesting agency to limit, to the
greatest extent practicable, the scope of information sought,
consistent with the purposes for seeking beneficial ownership information;
‘‘(G) restrict, to the satisfaction of the Secretary, access
to beneficial ownership information to whom disclosure
may be made under the provisions of this section to only
users at the requesting agency—
‘‘(i) who are directly engaged in the authorized
investigation or activity described in paragraph (2);
‘‘(ii) whose duties or responsibilities require such
access;
‘‘(iii) who—
‘‘(I) have undergone appropriate training; or
‘‘(II) use staff to access the database who have
undergone appropriate training;
‘‘(iv) who use appropriate identity verification
mechanisms to obtain access to the information; and
‘‘(v) who are authorized by agreement with the
Secretary to access the information;
‘‘(H) require the requesting agency to establish and
maintain, to the satisfaction of the Secretary, a permanent
system of standardized records with respect to an auditable
trail of each request for beneficial ownership information
submitted to the Secretary by the agency, including the
reason for the request, the name of the individual who
made the request, the date of the request, any disclosure
of beneficial ownership information made by or to the
agency, and any other information the Secretary of the
Treasury determines is appropriate;

Approval.
Standards.
Procedures.
Certification.
Time period.
Compliance.

Certification.

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134 STAT. 4617

‘‘(I) require that the requesting agency receiving beneficial ownership information from the Secretary conduct
an annual audit to verify that the beneficial ownership
information received from the Secretary has been accessed
and used appropriately, and in a manner consistent with
this paragraph and provide the results of that audit to
the Secretary upon request;
‘‘(J) require the Secretary to conduct an annual audit
of the adherence of the agencies to the protocols established
under this paragraph to ensure that agencies are
requesting and using beneficial ownership information
appropriately; and
‘‘(K) provide such other safeguards which the Secretary
determines (and which the Secretary prescribes in regulations) to be necessary or appropriate to protect the confidentiality of the beneficial ownership information.
‘‘(4) VIOLATION OF PROTOCOLS.—Any employee or officer
of a requesting agency under paragraph (2)(B) that violates
the protocols described in paragraph (3), including unauthorized
disclosure or use, shall be subject to criminal and civil penalties
under subsection (h)(3)(B).
‘‘(5) DEPARTMENT OF THE TREASURY ACCESS.—
‘‘(A) IN GENERAL.—Beneficial ownership information
shall be accessible for inspection or disclosure to officers
and employees of the Department of the Treasury whose
official duties require such inspection or disclosure subject
to procedures and safeguards prescribed by the Secretary
of the Treasury.
‘‘(B) TAX ADMINISTRATION PURPOSES.—Officers and
employees of the Department of the Treasury may obtain
access to beneficial ownership information for tax administration purposes in accordance with this subsection.
‘‘(6) REJECTION OF REQUEST.—The Secretary of the
Treasury—
‘‘(A) shall reject a request not submitted in the form
and manner prescribed by the Secretary under paragraph
(2)(C); and
‘‘(B) may decline to provide information requested
under this subsection upon finding that—
‘‘(i) the requesting agency has failed to meet any
other requirement of this subsection;
‘‘(ii) the information is being requested for an
unlawful purpose; or
‘‘(iii) other good cause exists to deny the request.
‘‘(7) SUSPENSION.—The Secretary of the Treasury may suspend or debar a requesting agency from access for any of
the grounds set forth in paragraph (6), including for repeated
or serious violations of any requirement under paragraph (2).
‘‘(8) SECURITY PROTECTIONS.—The Secretary of the
Treasury shall maintain information security protections,
including encryption, for information reported to FinCEN under
subsection (b) and ensure that the protections—
‘‘(A) are consistent with standards and guidelines
developed under subchapter II of chapter 35 of title 44;
and

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Verification.

Audits.

Regulations.
Determination.

Penalties.

Procedures.

Debarment.

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134 STAT. 4618

Time period.

Classified
information.

Deadline.
Time period.

Determination.
Verification.

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Time period.

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‘‘(B) incorporate Federal information system security
controls for high-impact systems, excluding national security systems, consistent with applicable law to prevent
the loss of confidentiality, integrity, or availability of
information that may have a severe or catastrophic adverse
effect.
‘‘(9) REPORT BY THE SECRETARY.—Not later than 1 year
after the effective date of the regulations prescribed under
this subsection, and annually thereafter for 5 years, the Secretary of the Treasury shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives a report, which—
‘‘(A) may include a classified annex; and
‘‘(B) shall, with respect to each request submitted
under paragraph (2)(B)(i)(II) during the period covered by
the report, and consistent with protocols established by
the Secretary that are necessary to protect law enforcement
sensitive, tax-related, or classified information, include—
‘‘(i) the date on which the request was submitted;
‘‘(ii) the source of the request;
‘‘(iii) whether the request was accepted or rejected
or is pending; and
‘‘(iv) a general description of the basis for rejecting
the such request, if applicable.
‘‘(10) AUDIT BY THE COMPTROLLER GENERAL.—Not later than
1 year after the effective date of the regulations prescribed
under this subsection, and annually thereafter for 6 years,
the Comptroller General of the United States shall—
‘‘(A) audit the procedures and safeguards established
by the Secretary of the Treasury under those regulations,
including duties for verification of requesting agencies systems and adherence to the protocols established under
this subsection, to determine whether such safeguards and
procedures meet the requirements of this subsection and
that the Department of the Treasury is using beneficial
ownership information appropriately in a manner consistent with this subsection; and
‘‘(B) submit to the Secretary of the Treasury, the Committee on Banking, Housing, and Urban Affairs of the
Senate, and the Committee on Financial Services of the
House of Representatives a report that contains the
findings and determinations with respect to any audit conducted under this paragraph.
‘‘(11) DEPARTMENT OF THE TREASURY TESTIMONY.—
‘‘(A) IN GENERAL.—Not later than March 31 of each
year for 5 years beginning in 2022, the Director shall
be made available to testify before the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives, or an appropriate subcommittee thereof,
regarding FinCEN issues, including, specifically, issues
relating to—
‘‘(i) anticipated plans, goals, and resources necessary for operations of FinCEN in implementing the
requirements of the Anti-Money Laundering Act of
2020 and the amendments made by that Act;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4619

‘‘(ii) the adequacy of appropriations for FinCEN
in the current and the previous fiscal year to—
‘‘(I) ensure that the requirements and obligations imposed upon FinCEN by the Anti-Money
Laundering Act of 2020 and the amendments made
by that Act are completed as efficiently, effectively,
and expeditiously as possible; and
‘‘(II) provide for robust and effective
implementation and enforcement of the provisions
of the Anti-Money Laundering Act of 2020 and
the amendments made by that Act;
‘‘(iii) strengthen FinCEN management efforts, as
necessary and as identified by the Director, to meet
the requirements of the Anti-Money Laundering Act
of 2020 and the amendments made by that Act;
‘‘(iv) provide for the necessary public outreach to
ensure the broad dissemination of information
regarding any new program requirements provided for
in the Anti-Money Laundering Act of 2020 and the
amendments made by that Act, including—
‘‘(I) educating the business community on the
goals and operations of the new beneficial ownership database; and
‘‘(II) disseminating to the governments of countries that are allies or partners of the United
States information on best practices developed by
FinCEN related to beneficial ownership information retention and use;
‘‘(v) any policy recommendations that could facilitate and improve communication and coordination
between the private sector, FinCEN, and the Federal,
State, and local agencies and entities involved in implementing innovative approaches to meet their obligations under the Anti-Money Laundering Act of 2020
and the amendments made by that Act, the Bank
Secrecy Act (as defined in section 6003 of the AntiMoney Laundering Act of 2020), and other anti-money
laundering compliance laws; and
‘‘(vi) any other matter that the Director determines
is appropriate.
‘‘(B) TESTIMONY CLASSIFICATION.—The testimony
required under subparagraph (A)—
‘‘(i) shall be submitted in unclassified form; and
‘‘(ii) may include a classified portion.
‘‘(d) AGENCY COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury shall,
to the greatest extent practicable, update the information
described in subsection (b) by working collaboratively with other
relevant Federal, State, and Tribal agencies.
‘‘(2) INFORMATION FROM RELEVANT FEDERAL, STATE, AND
TRIBAL AGENCIES.—Relevant Federal, State, and Tribal agencies, as determined by the Secretary of the Treasury, shall,
to the extent practicable, and consistent with applicable legal
protections, cooperate with and provide information requested
by FinCEN for purposes of maintaining an accurate, complete,
and highly useful database for beneficial ownership information.

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Classified
information.
Updates.

Determination.

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134 STAT. 4620

‘‘(3) REGULATIONS.—The Secretary of the Treasury, in consultation with the heads of other relevant Federal agencies,
may promulgate regulations as necessary to carry out this
subsection.
‘‘(e) NOTIFICATION OF FEDERAL OBLIGATIONS.—
‘‘(1) FEDERAL.—The Secretary of the Treasury shall take
reasonable steps to provide notice to persons of their obligations
to report beneficial ownership information under this section,
including by causing appropriate informational materials
describing such obligations to be included in 1 or more forms
or other informational materials regularly distributed by the
Internal Revenue Service and FinCEN.
‘‘(2) STATES AND INDIAN TRIBES.—
‘‘(A) IN GENERAL.—As a condition of the funds made
available under this section, each State and Indian Tribe
shall, not later than 2 years after the effective date of
the regulations promulgated under subsection (b)(4), take
the following actions:
‘‘(i) The secretary of a State or a similar office
in each State or Indian Tribe responsible for the formation or registration of entities created by the filing
of a public document with the office under the law
of the State or Indian Tribe shall periodically, including
at the time of any initial formation or registration
of an entity, assessment of an annual fee, or renewal
of any license to do business in the United States
and in connection with State or Indian Tribe corporate
tax assessments or renewals—
‘‘(I) notify filers of their requirements as
reporting companies under this section, including
the requirements to file and update reports under
paragraphs (1) and (2) of subsection (b); and
‘‘(II) provide the filers with a copy of the
reporting company form created by the Secretary
of the Treasury under this subsection or an internet link to that form.
‘‘(ii) The secretary of a State or a similar office
in each State or Indian Tribe responsible for the formation or registration of entities created by the filing
of a public document with the office under the law
of the State or Indian Tribes shall update the websites,
forms relating to incorporation, and physical premises
of the office to notify filers of their requirements as
reporting companies under this section, including providing an internet link to the reporting company form
created by the Secretary of the Treasury under this
section.
‘‘(B) NOTIFICATION FROM THE DEPARTMENT OF THE
TREASURY.—A notification under clause (i) or (ii) of
subparagraph (A) shall explicitly state that the notification
is on behalf of the Department of the Treasury for the
purpose of preventing money laundering, the financing of
terrorism, proliferation financing, serious tax fraud, and
other financial crime by requiring nonpublic registration
of business entities formed or registered to do business
in the United States.

Consultation.

Deadline.

Assessment.

Records.

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Updates.
Website.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4621

‘‘(f) NO BEARER SHARE CORPORATIONS OR LIMITED LIABILITY
COMPANIES.—A corporation, limited liability company, or other
similar entity formed under the laws of a State or Indian Tribe
may not issue a certificate in bearer form evidencing either a
whole or fractional interest in the entity.
‘‘(g) REGULATIONS.—In promulgating regulations carrying out
this section, the Director shall reach out to members of the small
business community and other appropriate parties to ensure efficiency and effectiveness of the process for the entities subject to
the requirements of this section.
‘‘(h) PENALTIES.—
‘‘(1) REPORTING VIOLATIONS.—It shall be unlawful for any
person to—
‘‘(A) willfully provide, or attempt to provide, false or
fraudulent beneficial ownership information, including a
false or fraudulent identifying photograph or document,
to FinCEN in accordance with subsection (b); or
‘‘(B) willfully fail to report complete or updated beneficial ownership information to FinCEN in accordance with
subsection (b).
‘‘(2) UNAUTHORIZED DISCLOSURE OR USE.—Except as authorized by this section, it shall be unlawful for any person to
knowingly disclose or knowingly use the beneficial ownership
information obtained by the person through—
‘‘(A) a report submitted to FinCEN under subsection
(b); or
‘‘(B) a disclosure made by FinCEN under subsection
(c).
‘‘(3) CRIMINAL AND CIVIL PENALTIES.—
‘‘(A) REPORTING VIOLATIONS.—Any person that violates
subparagraph (A) or (B) of paragraph (1)—
‘‘(i) shall be liable to the United States for a civil
penalty of not more than $500 for each day that the
violation continues or has not been remedied; and
‘‘(ii) may be fined not more than $10,000, imprisoned for not more than 2 years, or both.
‘‘(B) UNAUTHORIZED DISCLOSURE OR USE VIOLATIONS.—
Any person that violates paragraph (2)—
‘‘(i) shall be liable to the United States for a civil
penalty of not more than $500 for each day that the
violation continues or has not been remedied; and
‘‘(ii)(I) shall be fined not more than $250,000, or
imprisoned for not more than 5 years, or both; or
‘‘(II) while violating another law of the United
States or as part of a pattern of any illegal activity
involving more than $100,000 in a 12-month period,
shall be fined not more than $500,000, imprisoned
for not more than 10 years, or both.
‘‘(C) SAFE HARBOR.—
‘‘(i) SAFE HARBOR.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), a person shall not be subject to civil
or criminal penalty under subparagraph (A) if the
person—
‘‘(aa) has reason to believe that any report
submitted by the person in accordance with

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Time periods.

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Coordination.

Summaries.

Recommendations.
Coordination.

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Recommendations.

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subsection (b) contains inaccurate information;
and
‘‘(bb) in accordance with regulations
issued by the Secretary, voluntarily and
promptly, and in no case later than 90 days
after the date on which the person submitted
the report, submits a report containing corrected information.
‘‘(II) EXCEPTIONS.—A person shall not be
exempt from penalty under clause (i) if, at the
time the person submits the report required by
subsection (b), the person—
‘‘(aa) acts for the purpose of evading the
reporting requirements under subsection (b);
and
‘‘(bb) has actual knowledge that any
information contained in the report is inaccurate.
‘‘(ii) ASSISTANCE.—FinCEN shall provide assistance to any person seeking to submit a corrected report
in accordance with clause (i)(I).
‘‘(4) USER COMPLAINT PROCESS.—
‘‘(A) IN GENERAL.—The Inspector General of the
Department of the Treasury, in coordination with the Secretary of the Treasury, shall provide public contact information to receive external comments or complaints regarding
the beneficial ownership information notification and collection process or regarding the accuracy, completeness, or
timeliness of such information.
‘‘(B) REPORT.—The Inspector General of the Department of the Treasury shall submit to Congress a periodic
report that—
‘‘(i) summarizes external comments or complaints
and related investigations conducted by the Inspector
General related to the collection of beneficial ownership
information; and
‘‘(ii) includes recommendations, in coordination
with FinCEN, to improve the form and manner of
the notification, collection and updating processes of
the beneficial ownership information reporting requirements to ensure the beneficial ownership information
reported to FinCEN is accurate, complete, and highly
useful.
‘‘(5) TREASURY OFFICE OF INSPECTOR GENERAL INVESTIGATION IN THE EVENT OF A CYBERSECURITY BREACH.—
‘‘(A) IN GENERAL.—In the event of a cybersecurity
breach that results in substantial unauthorized access and
disclosure of sensitive beneficial ownership information,
the Inspector General of the Department of the Treasury
shall conduct an investigation into FinCEN cybersecurity
practices that, to the extent possible, determines any
vulnerabilities within FinCEN information security and
confidentiality protocols and provides recommendations for
fixing those deficiencies.
‘‘(B) REPORT.—The Inspector General of the Department of the Treasury shall submit to the Secretary of

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the Treasury a report on each investigation conducted
under subparagraph (A).
‘‘(C) ACTIONS OF THE SECRETARY.—Upon receiving a
report submitted under subparagraph (B), the Secretary
of the Treasury shall—
‘‘(i) determine whether the Director had any
responsibility for the cybersecurity breach or whether
policies, practices, or procedures implemented at the
direction of the Director led to the cybersecurity breach;
and
‘‘(ii) submit to Congress a written report outlining
the findings of the Secretary, including a determination
by the Secretary on whether to retain or dismiss the
individual serving as the Director.
‘‘(6) DEFINITION.—In this subsection, the term ‘willfully’
means the voluntary, intentional violation of a known legal
duty.
‘‘(i) CONTINUOUS REVIEW OF EXEMPT ENTITIES.—
‘‘(1) IN GENERAL.—On and after the effective date of the
regulations promulgated under subsection (b)(4), if the Secretary of the Treasury makes a determination, which may
be based on information contained in the report required under
section 6502(c) of the Anti-Money Laundering Act of 2020 or
on any other information available to the Secretary, that an
entity or class of entities described in subsection (a)(11)(B)
has been involved in significant abuse relating to money laundering, the financing of terrorism, proliferation finance, serious
tax fraud, or any other financial crime, not later than 90
days after the date on which the Secretary makes the determination, the Secretary shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives a report that explains the reasons for the determination
and any administrative or legislative recommendations to prevent such abuse.
‘‘(2) CLASSIFIED ANNEX.—The report required by paragraph
(1)—
‘‘(A) shall be submitted in unclassified form; and
‘‘(B) may include a classified annex.’’.
(b) CONFORMING AMENDMENTS.—Title 31, United States Code,
is amended—
(1) in section 5321(a)—
(A) in paragraph (1), by striking ‘‘sections 5314 and
5315’’ each place that term appears and inserting ‘‘sections
5314, 5315, and 5336’’; and
(B) in paragraph (6), by inserting ‘‘(except section
5336)’’ after ‘‘subchapter’’ each place that term appears;
(2) in section 5322, by striking ‘‘section 5315 or 5324’’
each place that term appears and inserting ‘‘section 5315, 5324,
or 5336’’; and
(3) in the table of sections for chapter 53, as amended
by sections 6306(b)(1), 6307(b), and 6313(b) of this division,
by adding at the end the following:

Determinations.

Effective date.
Determination.
Deadline.
Recommendations.

31 USC 5301
prec.

‘‘5336. Beneficial ownership information reporting requirements.’’.

(c) REPORTING REQUIREMENTS

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Deadline.
Revision.
Requirements.
Disclosure.

31 USC 5311
note.
Deadline.

Compliance.

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(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation
maintained under section 1303(a)(1) of title 41, United States
Code, to require any contractor or subcontractor that is subject
to the requirement to disclose beneficial ownership information
under section 5336 of title 31, United States Code, as added
by subsection (a) of this section, to provide the information
required to be disclosed under such section to the Federal
Government as part of any bid or proposal for a contract with
a value threshold in excess of the simplified acquisition
threshold under section 134 of title 41, United States Code.
(2) APPLICABILITY.—The revision required under paragraph
(1) shall not apply to a covered contractor or subcontractor,
as defined in section 847 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92), that is subject
to the beneficial ownership disclosure and review requirements
under that section.
(d) REVISED DUE DILIGENCE RULEMAKING.—
(1) IN GENERAL.—Not later than 1 year after the effective
date of the regulations promulgated under section 5336(b)(4)
of title 31, United States Code, as added by subsection (a)
of this section, the Secretary of the Treasury shall revise the
final rule entitled ‘‘Customer Due Diligence Requirements for
Financial Institutions’’ (81 Fed. Reg. 29397 (May 11, 2016))
to—
(A) bring the rule into conformance with this division
and the amendments made by this division;
(B) account for the access of financial institutions to
beneficial ownership information filed by reporting companies under section 5336, and provided in the form and
manner prescribed by the Secretary, in order to confirm
the beneficial ownership information provided directly to
the financial institutions to facilitate the compliance of
those financial institutions with anti-money laundering,
countering the financing of terrorism, and customer due
diligence requirements under applicable law; and
(C) reduce any burdens on financial institutions and
legal entity customers that are, in light of the enactment
of this division and the amendments made by this division,
unnecessary or duplicative.
(2) CONFORMANCE.—
(A) IN GENERAL.—In carrying out paragraph (1), the
Secretary of the Treasury shall rescind paragraphs (b)
through (j) of section 1010.230 of title 31, Code of Federal
Regulations upon the effective date of the revised rule
promulgated under this subsection.
(B) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to authorize the Secretary of the
Treasury to repeal the requirement that financial institutions identify and verify beneficial owners of legal entity
customers under section 1010.230(a) of title 31, Code of
Federal Regulations.
(3) CONSIDERATIONS.—In fulfilling the requirements under
this subsection, the Secretary of the Treasury shall consider—
(A) the use of risk-based principles for requiring reports
of beneficial ownership information;

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(B) the degree of reliance by financial institutions on
information provided by FinCEN for purposes of obtaining
and updating beneficial ownership information;
(C) strategies to improve the accuracy, completeness,
and timeliness of the beneficial ownership information
reported to the Secretary; and
(D) any other matter that the Secretary determines
is appropriate.

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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SEC. 6501. INVESTIGATIONS AND PROSECUTION OF OFFENSES FOR
VIOLATIONS OF THE SECURITIES LAWS.

(a) IN GENERAL.—Section 21(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78u(d)) is amended—
(1) in paragraph (3)—
(A) in the paragraph heading—
(i) by inserting ‘‘CIVIL’’ before ‘‘MONEY PENALTIES’’;
and
(ii) by striking ‘‘IN CIVIL ACTIONS’’ and inserting
‘‘AND AUTHORITY TO SEEK DISGORGEMENT’’;
(B) in subparagraph (A), by striking ‘‘jurisdiction to
impose’’ and all that follows through the period at the
end and inserting the following: ‘‘jurisdiction to—
‘‘(i) impose, upon a proper showing, a civil penalty
to be paid by the person who committed such violation;
and
‘‘(ii) require disgorgement under paragraph (7) of
any unjust enrichment by the person who received
such unjust enrichment as a result of such violation.’’;
and
(C) in subparagraph (B)—
(i) in clause (i), in the first sentence, by striking
‘‘the penalty’’ and inserting ‘‘a civil penalty imposed
under subparagraph (A)(i)’’;
(ii) in clause (ii), by striking ‘‘amount of penalty’’
and inserting ‘‘amount of a civil penalty imposed under
subparagraph (A)(i)’’; and
(iii) in clause (iii), in the matter preceding item
(aa), by striking ‘‘amount of penalty for each such
violation’’ and inserting ‘‘amount of a civil penalty
imposed under subparagraph (A)(i) for each violation
described in that subparagraph’’;

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Deadlines.

Effective date.
15 USC 78u note.

PUBLIC LAW 116–283—JAN. 1, 2021

(2) in paragraph (4), by inserting ‘‘under paragraph (7)’’
after ‘‘funds disgorged’’; and
(3) by adding at the end the following:
‘‘(7) DISGORGEMENT.—In any action or proceeding brought
by the Commission under any provision of the securities laws,
the Commission may seek, and any Federal court may order,
disgorgement.
‘‘(8) LIMITATIONS PERIODS.—
‘‘(A) DISGORGEMENT.—The Commission may bring a
claim for disgorgement under paragraph (7)—
‘‘(i) not later than 5 years after the latest date
of the violation that gives rise to the action or proceeding in which the Commission seeks the claim
occurs; or
‘‘(ii) not later than 10 years after the latest date
of the violation that gives rise to the action or proceeding in which the Commission seeks the claim if
the violation involves conduct that violates—
‘‘(I) section 10(b);
‘‘(II) section 17(a)(1) of the Securities Act of
1933 (15 U.S.C. 77q(a)(1));
‘‘(III) section 206(1) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b–6(1)); or
‘‘(IV) any other provision of the securities laws
for which scienter must be established.
‘‘(B) EQUITABLE REMEDIES.—The Commission may seek
a claim for any equitable remedy, including for an injunction or for a bar, suspension, or cease and desist order,
not later than 10 years after the latest date on which
a violation that gives rise to the claim occurs.
‘‘(C) CALCULATION.—For the purposes of calculating
any limitations period under this paragraph with respect
to an action or claim, any time in which the person against
which the action or claim, as applicable, is brought is
outside of the United States shall not count towards the
accrual of that period.
‘‘(9) RULE OF CONSTRUCTION.—Nothing in paragraph (7)
may be construed as altering any right that any private party
may have to maintain a suit for a violation of this Act.’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
shall apply with respect to any action or proceeding that is pending
on, or commenced on or after, the date of enactment of this Act.
SEC. 6502. GAO AND TREASURY STUDIES ON BENEFICIAL OWNERSHIP
INFORMATION REPORTING REQUIREMENTS.

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Assessments.

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(a) EFFECTIVENESS OF INCORPORATION PRACTICES STUDY.—Not
later than 2 years after the effective date of the regulations promulgated under section 5336(b)(4) of title 31, United States Code,
as added by section 6403(a) of this division, the Comptroller General
of the United States shall conduct a study and submit to Congress
a report assessing the effectiveness of incorporation practices implemented under this division, and the amendments made by this
division, in—
(1) providing national security, intelligence, and law
enforcement agencies with prompt access to reliable, useful,
and complete beneficial ownership information; and

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134 STAT. 4627

(2) strengthening the capability of national security, intelligence, and law enforcement agencies to—
(A) combat incorporation abuses and civil and criminal
misconduct; and
(B) detect, prevent, or prosecute money laundering,
the financing of terrorism, proliferation finance, serious
tax fraud, or other crimes.
(b) USING TECHNOLOGY TO AVOID DUPLICATIVE LAYERS OF
REPORTING OBLIGATIONS AND INCREASE ACCURACY OF BENEFICIAL
OWNERSHIP INFORMATION.—
(1) IN GENERAL.—The Secretary, in consultation with the
Attorney General, shall conduct a study to evaluate—
(A) the effectiveness of using FinCEN identifiers, as
defined in section 5336 of title 31, United States Code,
as added by section 6403(a) of this division, or other simplified reporting methods in order to facilitate a simplified
beneficial ownership regime for reporting companies;
(B) whether a reporting regime, whereby only company
shareholders are reported within the ownership chain of
a reporting company, could effectively track beneficial
ownership information and increase information to law
enforcement;
(C) the costs associated with imposing any new
verification requirements on FinCEN; and
(D) the resources necessary to implement any such
changes.
(2) FINDINGS.—The Secretary shall submit to the relevant
committees of jurisdiction—
(A) the findings of the study conducted under paragraph (1); and
(B) recommendations for carrying out the findings
described in subparagraph (A).
(c) EXEMPT ENTITIES.—Not later than 2 years after the effective
date of regulations promulgated under section 5336(b)(4) of title
31, United States Code, as added by section 6403(a) of this division,
the Comptroller General of the United States, in consultation with
the Secretary, Federal functional regulators, the Attorney General,
the Secretary of Homeland Security, and the intelligence community, shall conduct a study and submit to Congress a report that—
(1) reviews the regulated status, related reporting requirements, quantity, and structure of each class of corporations,
limited liability companies, and similar entities that have been
explicitly excluded from the definition of reporting company
and the requirement to report beneficial ownership information
under section 5336 of title 31, United States Code, as added
by section 6403(a) of this division;
(2) assesses the extent to which any excluded entity or
class of entities described in paragraph (1) pose significant
risks of money laundering, the financing of terrorism, proliferation finance, serious tax fraud, and other financial crime; and
(3) identifies other policy areas related to the risks of
exempt entities described in paragraph (1) for Congress to
consider as Congress is conducting oversight of the new beneficial ownership information reporting requirements established
by this division and amendments made by this division.
(d) OTHER LEGAL ENTITIES STUDY.—Not later than 2 years
after the effective date of the regulations promulgated under section

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Consultation.
Evaluation.

Costs.

Recommendations.
Consultation.

Reviews.

Assessments.

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PUBLIC LAW 116–283—JAN. 1, 2021

5336(b)(4) of title 31, United States Code, as added by section
6403(a) of this division, the Comptroller General of the United
States shall conduct a study and submit to Congress a report—
(1) identifying each State that has procedures that enable
persons to form or register under the laws of the State partnerships, trusts, or other legal entities, and the nature of those
procedures;
(2) identifying each State that requires persons seeking
to form or register partnerships, trusts, or other legal entities
under the laws of the State to provide beneficial owners (as
defined in section 5336(a) of title 31, United States Code, as
added by section 6403 of this division) or beneficiaries of those
entities, and the nature of the required information;
(3) evaluating whether the lack of available beneficial
ownership information for partnerships, trusts, or other legal
entities—
(A) raises concerns about the involvement of those
entities in terrorism, money laundering, tax evasion, securities fraud, or other misconduct; and
(B) has impeded investigations into entities suspected
of the misconduct described in subparagraph (A);
(4) evaluating whether the failure of the United States
to require beneficial ownership information for partnerships
and trusts formed or registered in the United States has elicited
international criticism; and
(5) including what steps, if any, the United States has
taken, is planning to take, or should take in response to the
criticism described in paragraph (4).

Evaluations.

Evaluations.

SEC. 6503. GAO STUDY ON FEEDBACK LOOPS.

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Determinations.

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(a) DEFINITION.—In this section, the term ‘‘feedback loop’’
means feedback provided by the United States Government to relevant parties.
(b) STUDY.—The Comptroller General of the United States shall
conduct a study on—
(1) best practices within the United States Government
for feedback loops, including regulated private entities, on the
usage and usefulness of personally identifiable information,
sensitive-but-unclassified data, or similar information provided
by the parties to United States Government users of the
information and data, including law enforcement agencies and
regulators; and
(2) any practice or standard inside or outside the United
States for providing feedback through sensitive information
and public-private partnership information sharing efforts,
specifically related to efforts to combat money laundering and
other forms of illicit finance.
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing—
(1) all findings and determinations made in carrying out
the study required under subsection (b);
(2) with respect to each of paragraphs (1) and (2) of subsection (b), any best practice or significant concern identified
by the Comptroller General, and the applicability to public-

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134 STAT. 4629

private partnerships and feedback loops with respect to efforts
by the United States Government to combat money laundering
and other forms of illicit finance; and
(3) recommendations of the Comptroller General to reduce
or eliminate any unnecessary collection by the United States
Government of the information described in subsection (b)(1).

Recommendations.

SEC. 6504. GAO CTR STUDY AND REPORT.

The Comptroller General of the United States shall—
(1) not later than January 1, 2025, commence a study
of currency transaction reports, which shall include—
(A) a review, carried out in consultation with the Secretary, FinCEN, the Attorney General, the State attorneys
general, and State, Tribal, and local law enforcement, of
the effectiveness of the currency transaction reporting
regime in effect as of the date of the study;
(B) an analysis of the importance of currency transaction reports to law enforcement; and
(C) an analysis of the effects of raising the currency
transaction report threshold; and
(2) not later than December 31, 2025, submit to the Secretary and Congress a report that includes—
(A) all findings and determinations made in carrying
out the study required under paragraph (1); and
(B) recommendations for improving the currency transaction reporting regime.

Analyses.
Review.
Consultation.

Determinations.
Recommendations.

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SEC. 6505. GAO STUDIES ON TRAFFICKING.

(a) DEFINITION OF HUMAN TRAFFICKING.—In this section, the
term ‘‘human trafficking’’ has the meaning given the term ‘‘severe
forms of trafficking in persons’’ in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
(b) GAO STUDY AND REPORT ON STOPPING TRAFFICKING, ILLICIT
FLOWS, LAUNDERING, AND EXPLOITATION.—
(1) STUDY.—The Comptroller General of the United States
shall carry out a study, in consultation with law enforcement,
relevant Federal agencies, appropriate private sector stakeholders (including financial institutions and data and technology companies), academic and other research organizations
(including survivor and victim advocacy organizations), and
any other group that the Comptroller General determines is
appropriate on—
(A) the major trafficking routes used by transnational
criminal organizations, terrorists, and others, and to what
extent the trafficking routes for people (including children),
drugs, weapons, cash, child sexual exploitation materials,
or other illicit goods are similar, related, or contiguous;
(B) commonly used methods to launder and move the
proceeds of trafficking;
(C) the types of suspicious financial activity that are
associated with illicit trafficking networks, and how financial institutions identify and report such activity;
(D) the nexus between the identities and finances of
trafficked persons and fraud;
(E) the tools, guidance, training, partnerships, supervision, or other mechanisms that Federal agencies,
including FinCEN, the Federal financial regulators, and

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Consultation.
Determination.

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134 STAT. 4630

PUBLIC LAW 116–283—JAN. 1, 2021

law enforcement, provide to help financial institutions identify techniques and patterns of transactions that may
involve the proceeds of trafficking;
(F) what steps financial institutions are taking to
detect and prevent bad actors who are laundering the
proceeds of illicit trafficking, including data analysis, policies, training procedures, rules, and guidance;
(G) what role gatekeepers, such as lawyers, notaries,
accountants, investment advisors, logistics agents, and
trust and company service providers, play in facilitating
trafficking networks and the laundering of illicit proceeds;
and
(H) the role that emerging technologies, including
artificial intelligence, digital identity technologies, distributed ledger technologies, virtual assets, and related
exchanges and online marketplaces, and other innovative
technologies, can play in assisting with and potentially
enabling the laundering of proceeds from trafficking.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a report—
(A) summarizing the results of the study required
under paragraph (1); and
(B) that contains any recommendations for legislative
or regulatory action that would improve the efforts of Federal agencies to combat trafficking or the laundering of
proceeds from such activity.
(c) GAO STUDY AND REPORT ON FIGHTING ILLICIT NETWORKS
AND DETECTING TRAFFICKING.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study on how a range of payment systems
and methods, including virtual currencies in online marketplaces, are used to facilitate human trafficking and drug trafficking, which shall consider—
(A) how online marketplaces, including the dark web,
may be used as platforms to buy, sell, or facilitate the
financing of goods or services associated with human trafficking or drug trafficking, specifically, opioids and synthetic opioids, including fentanyl, fentanyl analogues, and
any precursor chemical associated with manufacturing
fentanyl or fentanyl analogues, destined for, originating
from, or within the United States;
(B) how financial payment methods, including virtual
currencies and peer-to-peer mobile payment services, may
be utilized by online marketplaces to facilitate the buying,
selling, or financing of goods and services associated with
human trafficking or drug trafficking destined for, originating from, or within the United States;
(C) how virtual currencies may be used to facilitate
the buying, selling, or financing of goods and services associated with human trafficking or drug trafficking, destined
for, originating from, or within the United States, when
an online platform is not otherwise involved;
(D) how illicit funds that have been transmitted online
and through virtual currencies are repatriated into the

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134 STAT. 4631

formal banking system of the United States through money
laundering or other means;
(E) the participants, including State and non-State
actors, throughout the entire supply chain that may participate in or benefit from the buying, selling, or financing
of goods and services associated with human trafficking
or drug trafficking, including through online marketplaces
or using virtual currencies, destined for, originating from,
or within the United States;
(F) Federal and State agency efforts to impede the
buying, selling, or financing of goods and services associated with human trafficking or drug trafficking destined
for, originating from, or within the United States, including
efforts to prevent the proceeds from human trafficking
or drug trafficking from entering the United States banking
system;
(G) how virtual currencies and their underlying technologies can be used to detect and deter these illicit activities; and
(H) to what extent immutability and traceability of
virtual currencies can contribute to the tracking and
prosecution of illicit funding.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a report—
(A) summarizing the results of the study required
under paragraph (1); and
(B) that contains any recommendations for legislative
or regulatory action that would improve the efforts of Federal agencies to impede the use of virtual currencies and
online marketplaces in facilitating human trafficking and
drug trafficking.

Summaries.
Recommendations.

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SEC. 6506. TREASURY STUDY AND STRATEGY ON TRADE-BASED MONEY
LAUNDERING.

(a) STUDY REQUIRED.—
(1) IN GENERAL.—The Secretary shall carry out a study,
in consultation with appropriate private sector stakeholders,
academic and other international trade experts, and Federal
agencies, on trade-based money laundering.
(2) CONTRACTING AUTHORITY.—The Secretary may enter
into a contract with a private third-party entity to carry out
the study required by paragraph (1).
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to Congress
a report that includes—
(A) all findings and determinations made in carrying
out the study required under subsection (a); and
(B) proposed strategies to combat trade-based money
laundering.
(2) CLASSIFIED ANNEX.—The report required under paragraph (1)—
(A) shall be submitted in unclassified form; and
(B) may include a classified annex.

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Determinations.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 6507. TREASURY STUDY AND STRATEGY ON MONEY LAUNDERING
BY THE PEOPLE’S REPUBLIC OF CHINA.

Assessment.

Consultation.
Determination.

(a) STUDY.—The Secretary shall carry out a study, which shall
rely substantially on information obtained through the trade-based
money laundering analyses conducted by the Comptroller General
of the United States, on—
(1) the extent and effect of illicit finance risk relating
to the Government of the People’s Republic of China and Chinese firms, including financial institutions;
(2) an assessment of the illicit finance risks emanating
from the People’s Republic of China;
(3) those risks allowed, directly or indirectly, by the Government of the People’s Republic of China, including those enabled
by weak regulatory or administrative controls of that government; and
(4) the ways in which the increasing amount of global
trade and investment by the Government of the People’s
Republic of China and Chinese firms exposes the international
financial system to increased risk relating to illicit finance.
(b) STRATEGY TO COUNTER CHINESE MONEY LAUNDERING.—
Upon the completion of the study required under subsection (a),
the Secretary, in consultation with such other Federal agencies
as the Secretary determines appropriate, shall develop a strategy
to combat Chinese money laundering activities.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress a report containing—
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) the strategy developed under subsection (b).
(d) CLASSIFIED ANNEX.—The report required by subsection (c)—
(1) shall be submitted in unclassified form; and
(2) may include a classified annex.
SEC. 6508. TREASURY AND JUSTICE STUDY ON THE EFFORTS OF
AUTHORITARIAN REGIMES TO EXPLOIT THE FINANCIAL
SYSTEM OF THE UNITED STATES.

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Deadline.
Consultation.

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(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General, in consultation with the heads of other relevant national security, intelligence, and law enforcement agencies, shall conduct a study that
considers how authoritarian regimes in foreign countries and their
proxies use the financial system of the United States to—
(1) conduct political influence operations;
(2) sustain kleptocratic methods of maintaining power;
(3) export corruption;
(4) fund nongovernmental organizations, media organizations, or academic initiatives in the United States to advance
the interests of those regimes; and
(5) otherwise undermine democratic governance in the
United States and the partners and allies of the United States.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a report
that contains—

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134 STAT. 4633

(1) the results of the study required under subsection (a);
and
(2) any recommendations for legislative or regulatory
action, or steps to be taken by United States financial institutions, that would address exploitation of the financial system
of the United States by foreign authoritarian regimes.

Recommendations.

SEC. 6509. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Subsection (l) of section 310, of title 31,
United States Code, as redesignated by section 6103(1) of this
division, is amended by striking paragraph (1) and inserting the
following:
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to FinCEN to carry out this section, to remain available until
expended—
‘‘(A) $136,000,000 for fiscal year 2021;
‘‘(B) $60,000,000 for fiscal year 2022; and
‘‘(C) $35,000,000 for each of fiscal years 2023 through
2026.’’.
(b) BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS.—Section 5336 of title 31, United States Code, as added
by section 6403(a) of this division, is amended by adding at the
end the following:
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to FinCEN for each of the 3 fiscal years beginning
on the effective date of the regulations promulgated under subsection (b)(4), such sums as may be necessary to carry out this
section, including allocating funds to the States to pay reasonable
costs relating to compliance with the requirements of such section.’’.
SEC. 6510. DISCRETIONARY SURPLUS FUNDS.

12 USC 289 note.

The dollar amount specified under section 7(a)(3)(A) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by
$40,000,000.
SEC. 6511. SEVERABILITY.

If any provision of this division, an amendment made by this
division, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional, the
remainder of this division, the amendments made by this division,
and the application of the provisions of such to any person or
circumstance shall not be affected thereby.

DIVISION G—ELIJAH E. CUMMINGS
COAST GUARD AUTHORIZATION ACT
OF 2020

31 USC 5311
note.

Elijah E.
Cummings Coast
Guard
Authorization
Act of 2020.

SEC. 8001. SHORT TITLE.

This division may be cited as the ‘‘Elijah E. Cummings Coast
Guard Authorization Act of 2020’’.
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SEC. 8002. DEFINITION OF COMMANDANT.

14 USC 106 note.

In this division, the term ‘‘Commandant’’ means the Commandant of the Coast Guard.

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PUBLIC LAW 116–283—JAN. 1, 2021

TITLE LVXXXI—AUTHORIZATIONS
Sec.
Sec.
Sec.
Sec.

8101.
8102.
8103.
8104.

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

8105.
8106.
8107.
8108.
8109.
8110.
8111.
8112.

Authorizations of appropriations.
Authorized levels of military strength and training.
Determination of budgetary effects.
Availability of amounts for acquisition of additional National Security
Cutter.
Procurement authority for Polar Security Cutters.
Sense of the Congress on need for new Great Lakes icebreaker.
Procurement authority for Great Lakes icebreaker.
Polar Security Cutter acquisition report.
Shoreside infrastructure.
Major acquisition systems infrastructure.
Polar icebreakers.
Acquisition of fast response cutter.

SEC. 8101. AUTHORIZATIONS OF APPROPRIATIONS.

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Section 4902 of title 14, United States Code, is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘year
2019’’ and inserting ‘‘years 2020 and 2021’’;
(2) in paragraph (1)(A), by striking ‘‘provided for,
$7,914,195,000 for fiscal year 2019.’’ and inserting ‘‘provided
for—
‘‘(i) $8,151,620,850 for fiscal year 2020; and
‘‘(ii) $8,396,169,475 for fiscal year 2021.’’;
(3) in paragraph (1)(B), by striking ‘‘subparagraph (A)—
’’ and inserting ‘‘subparagraph (A)(i), $17,035,000 shall be for
environmental compliance and restoration.’’;
(4) by striking clauses (i) and (ii) of paragraph (1)(B);
(5) in paragraph (1), by adding at the end the following:
‘‘(C) Of the amount authorized under subparagraph, (A)(ii)
$17,376,000 shall be for environmental compliance and restoration.’’;
(6) in paragraph (2)—
(A) by striking ‘‘For the procurement’’ and inserting
‘‘(A) For the procurement’’;
(B) by striking ‘‘and equipment, $2,694,745,000 for
fiscal year 2019.’’ and inserting ‘‘and equipment—
‘‘(i) $2,794,745,000 for fiscal year 2020; and
‘‘(ii) $3,312,114,000 for fiscal year 2021.’’; and
(C) by adding at the end the following:
‘‘(B) Of the amounts authorized under subparagraph (A),
the following amounts shall be for the alteration of bridges:
‘‘(i) $10,000,000 for fiscal year 2020; and
‘‘(ii) $20,000,000 for fiscal year 2021.’’;
(7) in paragraph (3), by striking ‘‘and equipment,
$29,141,000 for fiscal year 2019.’’ and inserting ‘‘and equipment—
‘‘(A) $13,834,000 for fiscal year 2020; and
‘‘(B) $14,111,000 for fiscal year 2021.’’; and
(8) by adding at the end the following:
‘‘(4) For the Coast Guard’s Medicare-eligible retiree health
care fund contribution to the Department of Defense—
‘‘(A) $205,107,000 for fiscal year 2020; and
‘‘(B) $209,209,000 for fiscal year 2021.’’.
SEC. 8102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

Section 4904 of title 14, United States Code, is amended—

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(1) in subsection (a), by striking ‘‘43,000 for fiscal year
2018 and 44,500 for fiscal year 2019’’ and inserting ‘‘44,500
for each of fiscal years 2020 and 2021’’; and
(2) in subsection (b), by striking ‘‘fiscal years 2018 and
2019’’ and inserting ‘‘fiscal years 2020 and 2021’’.
SEC. 8103. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this division, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ‘‘Budgetary
Effects of PAYGO Legislation’’ for this division, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior to the vote on passage.
SEC. 8104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL NATIONAL SECURITY CUTTER.

(a) IN GENERAL.—Of the amounts authorized to be appropriated
by—
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 8101 of this division, $100,000,000 for
fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 8101 of this division, $550,000,000 for
fiscal year 2021,
is authorized for the acquisition of a National Security Cutter.
(b) TREATMENT OF ACQUIRED CUTTER.—Any cutter acquired
using amounts available pursuant to subsection (a) shall be in
addition to the National Security Cutters approved under the
existing acquisition baseline in the program of record for the
National Security Cutter.
SEC. 8105. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.

(a) FUNDING.—Of the amounts authorized to be appropriated
by—
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 8101 of this division, $135,000,000 for
fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 8101 of this division, $610,000,000 for
fiscal year 2021,
is authorized for construction of a Polar Security Cutter.
(b) PROHIBITION ON CONTRACTS OR USE OF FUNDS FOR DEVELOPMENT OF COMMON HULL DESIGN.—Notwithstanding any other provision of law, the Secretary of the department in which the Coast
Guard is operating may not enter into any contract for, and no
funds shall be obligated or expended on, the development of a
common hull design for medium Polar Security Cutters and Great
Lakes icebreakers.

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SEC. 8106. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES
ICEBREAKER.

(a) FINDINGS.—The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to the
American economy, including the United States manufacturing
base, providing important economic and national security benefits.

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(2) A recent study found that the Great Lakes shipping
industry supports 237,000 jobs and tens of billions of dollars
in economic activity.
(3) United States Coast Guard icebreaking capacity is crucial to full utilization of the Great Lakes shipping system,
as during the winter icebreaking season up to 15 percent of
annual cargo loads are delivered, and many industries would
have to reduce their production if Coast Guard icebreaking
services were not provided.
(4) 6 of the Coast Guard’s 9 icebreaking cutters in the
Great Lakes are more than 30 years old and are frequently
inoperable during the winter icebreaking season, including
those that have completed a recent service life extension program.
(5) During the previous 10 winters, Coast Guard Great
Lakes icebreaking cutters have been inoperable for an average
of 65 cutter-days during the winter icebreaking season, with
this annual lost capability exceeding 100 cutter days, with
a high of 246 cutter days during the winter of 2017–2018.
(6) The 2019 ice season provides further proof that current
Coast Guard icebreaking capacity is inadequate for the needs
of the Great Lakes shipping industry, as only 6 of the 9
icebreaking cutters are operational, and millions of tons of
cargo was not loaded or was delayed due to inadequate Coast
Guard icebreaking assets during a historically average winter
for Great Lakes ice coverage.
(7) The Congress has authorized the Coast Guard to acquire
a new Great Lakes icebreaker as capable as Coast Guard
Cutter Mackinaw (WLBB–30), the most capable Great Lakes
icebreaker, and $10 million has been appropriated to fund
the design and initial acquisition work for this icebreaker.
(8) The Coast Guard has not initiated a new acquisition
program for this Great Lakes icebreaker.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
of the United States that a new Coast Guard icebreaker as capable
as Coast Guard Cutter Mackinaw (WLBB–30) is needed on the
Great Lakes, and the Coast Guard should acquire this icebreaker
as soon as possible.
SEC. 8107. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER.

Plan.

(a) IN GENERAL.—Of the amounts authorized to be appropriated
by section 4902(2)(A)(ii) of title 14, United States Code, as amended
by section 8101 of this division, $160,000,000 for fiscal year 2021
is authorized for the acquisition of a Great Lakes icebreaker at
least as capable as Coast Guard Cutter Mackinaw (WLBB–30).
(b) REPORT.—Not later than 30 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a plan for acquiring an icebreaker as
required by section 820(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282).

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SEC. 8108. POLAR SECURITY CUTTER ACQUISITION REPORT.

Not later than 1 year after the date of the enactment of this
Act, the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of

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Representatives, and the Committees on Commerce, Science, and
Transportation and Armed Services of the Senate a report on—
(1) the extent to which specifications, key drawings, and
detail design for the Polar Security Cutter are complete before
the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers
one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar Security
Cutter hull number four is science capable, as described in
the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment letter
report entitled ‘‘Acquisition and Operation of Polar Icebreakers:
Fulfilling the Nation’s Needs’’ and dated July 11, 2017.
SEC. 8109. SHORESIDE INFRASTRUCTURE.

Of the amounts authorized to be appropriated by section
4902(2)(A) of title 14, United States Code, as amended by section
8101 of this division, for each of fiscal years 2020 and 2021,
$167,500,000 is authorized for the Secretary of the department
in which the Coast Guard is operating to fund the acquisition,
construction, rebuilding, or improvement of the Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard
operations and readiness.
SEC. 8110. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE.

Of the amounts authorized to be appropriated by section
4902(2)(A)(ii) of title 14, United States Code, as amended by section
8101 of this division, $105,000,000 is authorized for the hangar
replacement listed in the fiscal year 2020 Unfunded Priority List.
SEC. 8111. POLAR ICEBREAKERS.

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(a) IN GENERAL.—Section 561 of title 14, United States Code,
is amended to read as follows:
‘‘§ 561. Icebreaking in polar regions
‘‘(a) PROCUREMENT AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary may enter into one or
more contracts for the procurement of—
‘‘(A) the Polar Security Cutters approved as part of
a major acquisition program as of November 1, 2019; and
‘‘(B) 3 additional Polar Security Cutters.
‘‘(2) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract during a fiscal year after fiscal year 2019 is subject
to the availability of appropriations or funds for that purpose
for such later fiscal year.
‘‘(b) PLANNING.—The Secretary shall facilitate planning for the
design, procurement, maintenance, deployment, and operation of
icebreakers as needed to support the statutory missions of the
Coast Guard in the polar regions by allocating all funds to support
icebreaking operations in such regions, except for recurring incremental costs associated with specific projects, to the Coast Guard.
‘‘(c) REIMBURSEMENT.—Nothing in this section shall preclude
the Secretary from seeking reimbursement for operation and
maintenance costs of the Polar Star, Healy, or any other Polar
Security Cutter from other Federal agencies and entities, including
foreign countries, that benefit from the use of those vessels.

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Extension date.

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‘‘(d) RESTRICTION.—
‘‘(1) IN GENERAL.—The Commandant may not—
‘‘(A) transfer, relinquish ownership of, dismantle, or
recycle the Polar Sea or Polar Star;
‘‘(B) change the current homeport of the Polar Sea
or Polar Star; or
‘‘(C) expend any funds—
‘‘(i) for any expenses directly or indirectly associated with the decommissioning of the Polar Sea or
Polar Star, including expenses for dock use or other
goods and services;
‘‘(ii) for any personnel expenses directly or
indirectly associated with the decommissioning of the
Polar Sea or Polar Star, including expenses for a
decommissioning officer;
‘‘(iii) for any expenses associated with a decommissioning ceremony for the Polar Sea or Polar Star;
‘‘(iv) to appoint a decommissioning officer to be
affiliated with the Polar Sea or Polar Star; or
‘‘(v) to place the Polar Sea or Polar Star in inactive
status.
‘‘(2) SUNSET.—This subsection shall cease to have effect
on September 30, 2022.
‘‘(e) LIMITATION.—
‘‘(1) IN GENERAL.—The Secretary may not expend amounts
appropriated for the Coast Guard for any of fiscal years 2015
through 2024, for—
‘‘(A) design activities related to a capability of a Polar
Security Cutter that is based solely on an operational
requirement of a Federal department or agency other than
the Coast Guard, except for amounts appropriated for
design activities for a fiscal year before fiscal year 2016;
or
‘‘(B)
long-lead-time
materials,
production,
or
postdelivery activities related to such a capability.
‘‘(2) OTHER AMOUNTS.—Amounts made available to the Secretary under an agreement with a Federal department or
agency other than the Coast Guard and expended on a capability of a Polar Security Cutter that is based solely on an
operational requirement of such Federal department or agency
shall not be treated as amounts expended by the Secretary
for purposes of the limitation under paragraph (1).
‘‘(f) ENHANCED MAINTENANCE PROGRAM FOR THE POLAR STAR.—
‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Commandant shall conduct an enhanced maintenance
program on the Polar Star to extend the service life of such
vessel until at least December 31, 2025.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—The Commandant may use funds made available pursuant to section
4902(1)(A), to carry out this subsection.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) POLAR SEA.—The term ‘Polar Sea’ means Coast Guard
Cutter Polar Sea (WAGB 11).
‘‘(2) POLAR STAR.—The term ‘Polar Star’ means Coast
Guard Cutter Polar Star (WAGB 10).
‘‘(3) HEALY.—The term ‘Healy’ means Coast Guard Cutter
Healy (WAGB 20).’’.

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(b) CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.—Section 1137(a) of title 14, United States Code, is amended by inserting
‘‘and 3 Polar Security Cutters in addition to those approved as
part of a major acquisition program on November 1, 2019’’ before
the period at the end.
(c) REPEALS.—
(1) COAST GUARD AND MARITIME TRANSPORTATION ACT OF
2006.—Section 210 of the Coast Guard and Maritime Transportation Act of 2006 (14 U.S.C. 504 note) is repealed.
(2) COAST GUARD AND MARITIME TRANSPORTATION ACT OF
2012.—Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213) is repealed.
(3) HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014.—Section 505 of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014 (Public Law
113–281) is repealed.
(4) FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF
2018.—Section 821 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) is repealed.

126 Stat. 1560.

132 Stat. 4309.

SEC. 8112. ACQUISITION OF FAST RESPONSE CUTTER.

(a) IN GENERAL.—Of the amounts authorized to be appropriated
under section 4902(2)(A)(ii) of title 14, United States Code, as
amended by section 8101 of this division, $265,000,000 for fiscal
year 2021 shall be made available for the acquisition of four Fast
Responses Cutters.
(b) TREATMENT OF ACQUIRED CUTTERS.—Any cutter acquired
pursuant to subsection (a) shall be in addition to the 58 cutters
approved under the existing acquisition baseline.

TITLE 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.

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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
Sec. 8231. Report on child care and school-age care assistance for qualified families.
Sec. 8232. Review of family support services website and online tracking system.
Sec. 8233. Study and survey on Coast Guard child care needs.

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Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. 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.
Subtitle D—Reports
Sec.
Sec.
Sec.
Sec.
Sec.

8240.
8241.
8242.
8243.
8244.

Sec. 8245.
Sec. 8246.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8247.
8248.
8249.
8250.
8251.
8252.
8253.
8254.

Sec. 8255.
Sec. 8256.
Sec. 8257.
Sec. 8258.
Sec. 8259.
Sec. 8260.
Sec. 8261.

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

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

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

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.

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Subtitle F—Other Matters
Sec. 9601. Strategy on leadership of Coast Guard.
Sec. 9602. Expedited transfer in cases of sexual assault; dependents of members of
the Coast Guard.
Sec. 9603. Access to resources during creosote-related building closures at Coast
Guard Base Seattle, Washington.
Sec. 9604. Southern resident orca conservation and enforcement.
Sec. 9605. 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. 9606. Inspector General report on access to Equal Opportunity Advisors and
Equal Employment Opportunity Specialists.
Sec. 9607. Insider Threat Program.

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Subtitle A—Military Personnel Matters

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SEC. 8201. GRADE ON RETIREMENT.

(a) RETIREMENT OF COMMANDANT OR VICE COMMANDANT.—Section 303 of title 14, United States Code, is amended by adding
at the end the following:
‘‘(d) Retirement under this section is subject to section 2501(a)
of this title.’’.
(b) RETIREMENT.—Section 306 of title 14, United States Code,
is amended—
(1) in subsection (a), by inserting ‘‘satisfactorily, as determined under section 2501 of this title’’ before the period;
(2) in subsection (b), by inserting ‘‘satisfactorily, as determined under section 2501 of this title’’ before the period; and
(3) in subsection (c), by inserting ‘‘if performance of duties
in such grade is determined to have been satisfactory pursuant
to section 2501 of this title’’ before the period.
(c) GRADE ON RETIREMENT.—Section 2501 of title 14, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Any commissioned officer, other than
a commissioned warrant officer,’’ and inserting ‘‘COMMISSIONED OFFICERS.—
‘‘(1) IN GENERAL.—A commissioned officer’’;
(B) by striking ‘‘him’’ and inserting ‘‘the commissioned
officer’’;
(C) by striking ‘‘his’’ and inserting ‘‘the commissioned
officer’s’’; and
(D) by adding at the end the following:
‘‘(2) CONDITIONAL DETERMINATION.—When a commissioned
officer is under investigation for alleged misconduct at the
time of retirement—
‘‘(A) the Secretary may conditionally determine the
highest grade of satisfactory service of the commissioned
officer pending completion of the investigation; and
‘‘(B) the grade under subparagraph (A) is subject to
resolution under subsection (c)(2).’’;
(2) in subsection (b)—
(A) by inserting ‘‘WARRANT OFFICERS.—’’ after ‘‘(b)’’;
(B) by striking ‘‘him’’ and inserting ‘‘the warrant
officer’’; and
(C) by striking ‘‘his’’ and inserting ‘‘the warrant officer’s’’; and
(3) by adding at the end the following:
‘‘(c) RETIREMENT IN LOWER GRADE.—
‘‘(1) MISCONDUCT IN LOWER GRADE.—In the case of a
commissioned officer whom the Secretary determines committed
misconduct in a lower grade, the Secretary may determine
the commissioned officer has not served satisfactorily in any
grade equal to or higher than that lower grade.
‘‘(2) ADVERSE FINDINGS.—A determination of the retired
grade of a commissioned officer shall be resolved following
a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer
results in adverse findings.

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Determination.

Determination.

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‘‘(3) RECALCULATION OF RETIRED PAY.—If the retired grade
of a commissioned officer is reduced pursuant to this subsection,
the retired pay of the commissioned officer shall be recalculated
under chapter 71 of title 10, and any modification of the retired
pay of the commissioned officer shall go into effect on the
effective date of the reduction in retired grade.
‘‘(d) FINALITY OF RETIRED GRADE DETERMINATIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a determination of the retired grade of a commissioned officer
under this section is administratively final on the day the
commissioned officer is retired, and may not be reopened.
‘‘(2) REOPENING DETERMINATIONS.—A determination of the
retired grade of a commissioned officer may be reopened if—
‘‘(A) the retirement or retired grade of the commissioned officer was procured by fraud;
‘‘(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under
this section and such evidence was not known by competent
authority at the time of retirement;
‘‘(C) a mistake of law or calculation was made in the
determination of the retired grade;
‘‘(D) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer
results in adverse findings; or
‘‘(E) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen
the determination.
‘‘(3) REQUIREMENTS.—If a determination of the retired
grade of a commissioned officer is reopened under paragraph
(2), the Secretary—
‘‘(A) shall notify the commissioned officer of the
reopening; and
‘‘(B) may not make an adverse determination on the
retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond
regarding the basis of the reopening.
‘‘(4) RECALCULATION OF RETIRED PAY.—If the retired grade
of a commissioned officer is reduced through the reopening
of the commissioned officer’s retired grade under paragraph
(2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification
of the retired pay of the commissioned officer shall go into
effect on the effective date of the reduction in retired grade.
‘‘(e) INAPPLICABILITY TO COMMISSIONED WARRANT OFFICERS.—
This section, including subsection (b), shall not apply to commissioned warrant officers.’’.

Notification.

SEC. 8202. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION
BOARD CONSIDERATION.

(a) ELIGIBILITY OF OFFICERS FOR CONSIDERATION FOR PROMOTION.—Section 2113 of title 14, United States Code, is amended

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Approvals.
Determinations.

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by adding at the end the following:
‘‘(g)(1) Notwithstanding subsection (a), the Commandant may
provide that an officer may, upon the officer’s request and with
the approval of the Commandant, be excluded from consideration
by a selection board convened under section 2106.

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‘‘(2) The Commandant shall approve a request under paragraph
(1) only if—
‘‘(A) the basis for the request is to allow the officer to
complete a broadening assignment, advanced education,
another assignment of significant value to the Coast Guard,
a career progression requirement delayed by the assignment
or education, or a qualifying personal or professional circumstance, as determined by the Commandant;
‘‘(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
‘‘(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the exclusion from consideration.’’.
(b) ELIGIBILITY OF RESERVE OFFICER FOR PROMOTION.—Section
3743 of title 14, United States Code, is amended to read as follows:
‘‘§ 3743. Eligibility for promotion
‘‘(a) IN GENERAL.—Except as provided in subsection (b), a
Reserve officer is eligible for consideration for promotion and for
promotion under this subchapter if that officer is in an active
status.
‘‘(b) EXCEPTION.—A Reserve officer who has been considered
but not recommended for retention in an active status by a board
convened under subsection 3752(a) of this title is not eligible for
consideration for promotion.
‘‘(c) REQUEST FOR EXCLUSION.—
‘‘(1) IN GENERAL.—The Commandant may provide that an
officer may, upon the officer’s request and with the approval
of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade.
‘‘(2) APPROVAL OF REQUEST.—The Commandant shall
approve a request under paragraph (1) only if—
‘‘(A) the basis for the request is to allow an officer
to complete a broadening assignment, advanced education,
another assignment of significant value to the Coast Guard,
a career progression requirement delayed by the assignment or education, or a qualifying personal or professional
circumstance, as determined by the Commandant;
‘‘(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard;
and
‘‘(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests
the exclusion from consideration.’’.

Approval.

Determinations.

SEC. 8203. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN
CERTAIN GRADES WITH CRITICAL SKILLS.

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(a) IN GENERAL.—Subchapter I of chapter 21 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
‘‘(a) IN GENERAL.—An officer in the grade of lieutenant (junior
grade), lieutenant, lieutenant commander, or commander who is
described in subsection (b) may be temporarily promoted to the

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Regulations.

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President.

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grade of lieutenant, lieutenant commander, commander, or captain
under regulations prescribed by the Secretary. Appointments under
this section shall be made by the President, by and with the
advice and consent of the Senate.
‘‘(b) COVERED OFFICERS.—An officer described in this subsection
is any officer in a grade specified in subsection (a) who—
‘‘(1) has a skill in which the Coast Guard has a critical
shortage of personnel (as determined by the Secretary); and
‘‘(2) is serving in a position (as determined by the Secretary)
that—
‘‘(A) is designated to be held by a lieutenant, lieutenant
commander, commander, or captain; and
‘‘(B) requires that an officer serving in such position
have the skill possessed by such officer.
‘‘(c) PRESERVATION OF POSITION AND STATUS OF OFFICERS
APPOINTED.—
‘‘(1) The temporary positions authorized under this section
shall not be counted among or included in the list of positions
on the active duty promotion list.
‘‘(2) An appointment under this section does not change
the position on the active duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice
the officer in regard to other promotions or appointments, or
abridge the rights or benefits of the officer.
‘‘(d) BOARD RECOMMENDATION REQUIRED.—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose
of recommending officers for such promotions.
‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF APPOINTMENT.—Each
appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such
appointment is made, and a member so appointed is entitled to
the pay and allowances of the grade of the temporary promotion
under this section beginning on the date the appointment is made.
‘‘(f) TERMINATION OF APPOINTMENT.—Unless sooner terminated,
an appointment under this section terminates—
‘‘(1) on the date the officer who received the appointment
is promoted to the permanent grade of lieutenant, lieutenant
commander, commander, or captain;
‘‘(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant
commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that
grade;
‘‘(3) when the appointment officer determines that the
officer who received the appointment has engaged in misconduct
or has displayed substandard performance; or
‘‘(4) when otherwise determined by the Commandant to
be in the best interests of the Coast Guard.
‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE POSITIONS.—An
appointment under this section may only be made for service in
a position designated by the Secretary for the purposes of this
section. The number of positions so designated may not exceed
the following percentages of the respective grades:
‘‘(1) As lieutenant, 0.5 percent.
‘‘(2) As lieutenant commander, 3.0 percent.

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134 STAT. 4645

‘‘(3) As commander, 2.6 percent.
‘‘(4) As captain, 2.6 percent.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 21 of title 14, United States Code, is amended by adding
at the end the following:

14 USC 2101
prec.

‘‘2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant.’’.
SEC. 8204. CAREER INTERMISSION PROGRAM.

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(a) IN GENERAL.—Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 2514. Career flexibility to enhance retention of members
‘‘(a) PROGRAMS AUTHORIZED.—The Commandant may carry out
a program under which members of the Coast Guard may be
inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period
of inactivation from active duty.
‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE DUTY; EFFECT OF
INACTIVATION.—
‘‘(1) IN GENERAL.—The period of inactivation from active
duty under a program under this section of a member participating in the program shall be such period as the Commandant
shall specify in the agreement of the member under subsection
(c), except that such period may not exceed 3 years.
‘‘(2) EXCLUSION FROM YEARS OF SERVICE.—Any service by
a Reserve officer while participating in a program under this
section shall be excluded from computation of the total years
of service of that officer pursuant to section 14706(a) of title
10.
‘‘(3) EXCLUSION FROM RETIREMENT.—Any period of participation of a member in a program under this section shall
not count toward—
‘‘(A) eligibility for retirement or transfer to the Ready
Reserve under either chapter 841 or 1223 of title 10; or
‘‘(B) computation of retired or retainer pay under
chapter 71 or 1223 of title 10.
‘‘(c) AGREEMENT.—Each member of the Coast Guard who
participates in a program under this section shall enter into a
written agreement with the Commandant under which that member
shall agree as follows:
‘‘(1) To accept an appointment or enlist, as applicable,
and serve in the Coast Guard Ready Reserve during the period
of the inactivation of the member from active duty under the
program.
‘‘(2) To undergo during the period of the inactivation of
the member from active duty under the program such inactive
service training as the Commandant shall require in order
to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military
skills, professional qualifications, and physical readiness of the
member during the inactivation of the member from active
duty.
‘‘(3) Following completion of the period of the inactivation
of the member from active duty under the program, to serve
2 months as a member of the Coast Guard on active duty

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for each month of the period of the inactivation of the member
from active duty under the program.
‘‘(d) CONDITIONS OF RELEASE.—The Commandant shall prescribe regulations specifying the guidelines regarding the conditions
of release that must be considered and addressed in the agreement
required by subsection (c). At a minimum, the Commandant shall
prescribe the procedures and standards to be used to instruct a
member on the obligations to be assumed by the member under
paragraph (2) of such subsection while the member is released
from active duty.
‘‘(e) ORDER TO ACTIVE DUTY.—Under regulations prescribed
by the Commandant, a member of the Coast Guard participating
in a program under this section may, in the discretion of the
Commandant, be required to terminate participation in the program
and be ordered to active duty.
‘‘(f) PAY AND ALLOWANCES.—
‘‘(1) BASIC PAY.—During each month of participation in
a program under this section, a member who participates in
the program shall be paid basic pay in an amount equal to
two-thirtieths of the amount of monthly basic pay to which
the member would otherwise be entitled under section 204
of title 37 as a member of the uniformed services on active
duty in the grade and years of service of the member when
the member commences participation in the program.
‘‘(2) SPECIAL OR INCENTIVE PAY OR BONUS.—
‘‘(A) PROHIBITION.—A member who participates in such
a program shall not, while participating in the program,
be paid any special or incentive pay or bonus to which
the member is otherwise entitled under an agreement
under chapter 5 of title 37 that is in force when the member
commences participation in the program.
‘‘(B) NOT TREATED AS FAILURE TO PERFORM SERVICES.—
The inactivation from active duty of a member participating
in a program shall not be treated as a failure of the
member to perform any period of service required of the
member in connection with an agreement for a special
or incentive pay or bonus under chapter 5 of title 37 that
is in force when the member commences participation in
the program.
‘‘(3) RETURN TO ACTIVE DUTY.—
‘‘(A) SPECIAL OR INCENTIVE PAY OR BONUS.—Subject
to subparagraph (B), upon the return of a member to
active duty after completion by the member of participation
in a program—
‘‘(i) any agreement entered into by the member
under chapter 5 of title 37 for the payment of a special
or incentive pay or bonus that was in force when
the member commenced participation in the program
shall be revived, with the term of such agreement
after revival being the period of the agreement
remaining to run when the member commenced participation in the program; and
‘‘(ii) any special or incentive pay or bonus shall
be payable to the member in accordance with the terms
of the agreement concerned for the term specified in
clause (i).
‘‘(B) LIMITATION.—

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‘‘(i) IN GENERAL.—Subparagraph (A) shall not
apply to any special or incentive pay or bonus otherwise
covered by such subparagraph with respect to a
member if, at the time of the return of the member
to active duty as described in that subparagraph—
‘‘(I) such pay or bonus is no longer authorized
by law; or
‘‘(II) the member does not satisfy eligibility
criteria for such pay or bonus as in effect at the
time of the return of the member to active duty.
‘‘(ii) PAY OR BONUS CEASES BEING AUTHORIZED.—
Subparagraph (A) shall cease to apply to any special
or incentive pay or bonus otherwise covered by such
subparagraph with respect to a member if, during the
term of the revived agreement of the member under
subparagraph (A)(i), such pay or bonus ceases being
authorized by law.
‘‘(C) REPAYMENT.—A member who is ineligible for payment of a special or incentive pay or bonus otherwise
covered by this paragraph by reason of subparagraph
(B)(i)(II) shall be subject to the requirements for repayment
of such pay or bonus in accordance with the terms of
the applicable agreement of the member under chapter
5 of title 37.
‘‘(D) REQUIRED SERVICE IS ADDITIONAL.—Any service
required of a member under an agreement covered by
this paragraph after the member returns to active duty
as described in subparagraph (A) shall be in addition to
any service required of the member under an agreement
under subsection (c).
‘‘(4) TRAVEL AND TRANSPORTATION ALLOWANCE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), a
member who participates in a program is entitled, while
participating in the program, to the travel and transportation allowances authorized by section 474 of title 37
for—
‘‘(i) travel performed from the residence of the
member, at the time of release from active duty to
participate in the program, to the location in the
United States designated by the member as the member’s residence during the period of participation in
the program; and
‘‘(ii) travel performed to the residence of the
member upon return to active duty at the end of the
participation of the member in the program.
‘‘(B) SINGLE RESIDENCE.—An allowance is payable
under this paragraph only with respect to travel of a
member to and from a single residence.
‘‘(5) LEAVE BALANCE.—A member who participates in a
program is entitled to carry forward the leave balance existing
as of the day on which the member begins participation and
accumulated in accordance with section 701 of title 10, but
not to exceed 60 days.
‘‘(g) PROMOTION.—
‘‘(1) OFFICERS.—
‘‘(A) IN GENERAL.—An officer participating in a program under this section shall not, while participating in

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the program, be eligible for consideration for promotion
under chapter 21 or 37 of this title.
‘‘(B) RETURN TO DUTY.—Upon the return of an officer
to active duty after completion by the officer of participation
in a program—
‘‘(i) the Commandant may adjust the date of rank
of the officer in such manner as the Commandant
may prescribe in regulations for purposes of this section; and
‘‘(ii) the officer shall be eligible for consideration
for promotion when officers of the same grade and
seniority are eligible for consideration for promotion.
‘‘(2) ENLISTED MEMBERS.—An enlisted member participating in a program under this section shall not be eligible
for consideration for advancement during the period that—
‘‘(A) begins on the date of the inactivation of the
member from active duty under the program; and
‘‘(B) ends at such time after the return of the member
to active duty under the program that the member is
treatable as eligible for promotion by reason of time in
grade and such other requirements as the Commandant
shall prescribe in regulations for purposes of the program.
‘‘(h) CONTINUED ENTITLEMENTS.—A member participating in
a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active
duty for a period of more than 30 days for purposes of—
‘‘(1) the entitlement of the member and of the dependents
of the member to medical and dental care under the provisions
of chapter 55 of title 10; and
‘‘(2) retirement or separation for physical disability under
the provisions of chapter 61 of title 10 and chapters 21 and
23 of this title.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 25 of title 14, United States Code, is amended by adding
at the end the following:

Time period.

14 USC 2501
prec.

‘‘2514. Career flexibility to enhance retention of members.’’.
SEC. 8205. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS
WITH CRITICAL SKILLS.

(a) IN GENERAL.—Subchapter II of chapter 37 of title 14, United
States Code, is amended by inserting after section 3738 the following:
14 USC 3738a.

14 USC 3701
prec.

‘‘§ 3738a. Direct commissioning authority for individuals with
critical skills
‘‘An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who
is not currently serving as an officer in the Coast Guard may
be commissioned into the Coast Guard at a grade up to and
including commander.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter II of
chapter 37 of title 14, United States Code, is amended by inserting
after the item relating to section 3738 the following:

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‘‘3738a. Direct commissioning authority for individuals with critical skills.’’.
14 USC 3701
prec.

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(c) TECHNICAL AMENDMENT.—The heading for the first chapter
of subtitle III of title 14, United States Code, is amended by striking
‘‘CHAPTER 1’’ and inserting ‘‘CHAPTER 37’’.

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134 STAT. 4649

SEC. 8206. EMPLOYMENT ASSISTANCE.

(a) IN GENERAL.—Subchapter I of chapter 27 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 2713. Employment assistance
‘‘(a) IN GENERAL.—In order to improve the accuracy and
completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10, the Secretary shall—
‘‘(1) establish a database to record all training performed
by members of the Coast Guard that may have application
to employment in the civilian sector; and
‘‘(2) make unclassified information regarding such information available to States and other potential employers referred
to in section 1143(c) of title 10 so that States and other potential
employers may allow military training to satisfy licensing or
certification requirements to engage in a civilian profession.
‘‘(b) FORM OF CERTIFICATION OR VERIFICATION.—The Secretary
shall ensure that a certification or verification of job skills and
experience required by section 1143(a)(1) of title 10 is rendered
in such a way that States and other potential employers can confirm
the accuracy and authenticity of the certification or verification.
‘‘(c) REQUESTS BY STATES.—A State may request that the Secretary confirm the accuracy and authenticity of a certification or
verification of job skills and experience provided under section
1143(c) of title 10.’’.
(b) CLERICAL AMENDMENT.—The analysis for such subchapter
is amended by adding at the end the following:

14 USC 2713.
Certification.

Database.
Records.

14 USC 2701
prec.

‘‘2713. Employment assistance.’’.

Subtitle B—Organization and Management
Matters
SEC. 8211. CONGRESSIONAL AFFAIRS; DIRECTOR.

(a) IN GENERAL.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
‘‘§ 321. Congressional affairs; Director
‘‘The Commandant shall appoint a Director of Congressional
Affairs from among officers of the Coast Guard who are in a
grade above captain. The Director of Congressional Affairs is separate and distinct from the Director of Governmental and Public
Affairs for the Coast Guard and is the principal advisor to the
Commandant on all congressional and legislative matters for the
Coast Guard and may have such additional functions as the Commandant may direct.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
14, United States Code, is amended by adding at the end the
following:

14 USC 321.
Appointment.

14 USC 301 prec.

‘‘321. Congressional affairs; Director.’’.

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SEC. 8212. LIMITATIONS ON CLAIMS.

(a) ADMIRALTY CLAIMS.—Section 937(a) of title 14, United
States Code, is amended by striking ‘‘$100,000’’ and inserting
‘‘$425,000’’.

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(b) CLAIMS FOR DAMAGE TO PROPERTY OF THE UNITED STATES.—
Section 938 of title 14, United States Code, is amended by striking
‘‘$100,000’’ and inserting ‘‘$425,000’’.
SEC. 8213. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.

Section 219 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112–213; 10 U.S.C. 1293 note) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘For
fiscal years 2013 through 2018’’ and inserting ‘‘For fiscal years
2019 through 2025’’; and
(2) in paragraph (1), by striking ‘‘subsection (c)(2)(A)’’ and
inserting ‘‘subsection (c)(1)’’.
SEC. 8214. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT
COSTS.

Section 5103(e)(3) of title 14, United States Code, is amended—
(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
‘‘(B) operate and sustain the cutters and aircraft
described in paragraph (2);’’.
14 USC 504 note.
Deadline.
Determination.
Recommendations.

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Reports.

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SEC. 8215. SUPPORT OF WOMEN SERVING IN THE COAST GUARD.

(a) ACTION PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Commandant shall—
(A) determine which recommendations in the RAND
gender diversity report can practicably be implemented
to promote gender diversity in the Coast Guard; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the actions the Coast Guard has
taken, or plans to take, to implement such recommendations.
(2) CURRICULUM AND TRAINING.—The Commandant shall
update curriculum and training materials used at—
(A) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(B) enlisted member accession at the United States
Coast Guard Training Center Cape May in Cape May,
New Jersey; and
(C) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
Such updates shall reflect actions the Coast Guard has taken,
or plans to take, to carry out the recommendations of the
RAND gender diversity report.
(3) DEFINITION.—In this subsection, the term ‘‘RAND
gender diversity report’’ means the RAND Corporation’s Homeland Security Operational Analysis Center 2019 report entitled
‘‘Improving Gender Diversity in the U.S. Coast Guard: Identifying Barriers to Female Retention’’.
(b) ADVISORY BOARD ON WOMEN AT THE COAST GUARD
ACADEMY.—Chapter 19 of title 14, United States Code, is
amended—
(1) by redesignating section 1904 as section 1906;
(2) by inserting after section 1903 the following:

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‘‘§ 1904. Advisory Board on Women at the Coast Guard
Academy
‘‘(a) IN GENERAL.—The Superintendent of the Academy shall
establish at the Coast Guard Academy an advisory board to be
known as the Advisory Board on Women at the Coast Guard
Academy (referred to in this section as the ‘Advisory Board’).
‘‘(b) MEMBERSHIP.—The Advisory Board shall be composed of
not fewer than 12 current cadets of the Coast Guard Academy,
including not fewer than 3 cadets from each current class.
‘‘(c) APPOINTMENT; TERM.—Cadets shall serve on the Advisory
Board pursuant to appointment by the Superintendent of the
Academy. Appointments shall be made not later than 60 days
after the date of the swearing in of a new class of cadets at
the Academy. The term of membership of a cadet on the Advisory
Board shall be 1 academic year.
‘‘(d) REAPPOINTMENT.—The Superintendent of the Academy may
reappoint not more than 6 cadets from the previous term to serve
on the Advisory Board for an additional academic year if the Superintendent of the Academy determines such reappointment to be
in the best interests of the Coast Guard Academy.
‘‘(e) MEETINGS.—The Advisory Board shall meet with the Commandant at least once each academic year on the activities of
the Advisory Board. The Advisory Board shall meet in person
with the Superintendent of the Academy not less than twice each
academic year on the duties of the Advisory Board.
‘‘(f) DUTIES.—The Advisory Board shall identify opportunities
and challenges facing cadets at the Academy who are women,
including an assessment of culture, leadership development, and
access to health care of cadets at the Academy who are women.
‘‘(g) WORKING GROUPS.—The Advisory Board may establish one
or more working groups to assist the Advisory Board in carrying
out its duties, including working groups composed in part of cadets
at the Academy who are not current members of the Advisory
Board.
‘‘(h) REPORTS AND BRIEFINGS.—The Advisory Board shall regularly provide the Commandant and the Superintendent reports
and briefings on the results of its duties, including recommendations
for actions to be taken in light of such results. Such reports and
briefings may be provided in writing, in person, or both.’’; and
(3) by amending the analysis for such chapter—
(A) by amending the item relating to section 1904
to read as follows:

14 USC 1904.
Establishment.

Deadline.

Determination.

Recommendations.

14 USC 1901
prec.

‘‘1904. Advisory Board on Women at the Coast Guard Academy.’’; and

(B) by adding at the end the following:

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‘‘1906. Participation in Federal, State, or other educational research grants.’’.

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(c) ADVISORY BOARD ON WOMEN IN THE COAST GUARD.—Chapter
25 of title 14, United States Code, is amended—
(1) by redesignating subchapter II as subchapter III;
(2) by inserting after subchapter I the following:

14 USC 2531
prec.

‘‘SUBCHAPTER II—ADVISORY BOARD ON WOMEN IN THE
COAST GUARD

14 USC 2521
prec.

‘‘§ 2521. Advisory Board on Women in the Coast Guard
‘‘(a) IN GENERAL.—The Commandant shall establish within the
Coast Guard an Advisory Board on Women in the Coast Guard.

14 USC 2521.

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‘‘(b) MEMBERSHIP.—The Advisory Board established under subsection (a) shall be composed of such number of members as the
Commandant considers appropriate, selected by the Commandant
through a public selection process from among applicants for membership on the Board. The members of the Board shall, to the
extent practicable, represent the diversity of the Coast Guard. The
members of the Committee shall include an equal number of each
of the following:
‘‘(1) Active duty officers of the Coast Guard.
‘‘(2) Active duty enlisted members of the Coast Guard.
‘‘(3) Members of the Coast Guard Reserve.
‘‘(4) Retired members of the Coast Guard.
‘‘(c) DUTIES.—The Advisory Board established under subsection
(a)—
‘‘(1) shall advise the Commandant on improvements to
the recruitment, retention, wellbeing, and success of women
serving in the Coast Guard and attending the Coast Guard
Academy, including recommendations for the report on gender
diversity in the Coast Guard required by section 5109 of chapter
51 of title 14;
‘‘(2) may submit to the Commandant recommendations in
connection with its duties under this subsection, including recommendations to implement the advice described in paragraph
(1); and
‘‘(3) may brief Congress on its duties under this subsection,
including the advice described in paragraph (1) and any recommendations described in paragraph (2).’’; and
(3) by amending the analysis for such chapter by striking
the items relating to subchapter II and inserting the following:
‘‘SUBCHAPTER II—ADVISORY BOARD ON WOMEN
‘‘2521. Advisory Board on Women in the Coast Guard.
‘‘SUBCHAPTER III—LIGHTHOUSE
‘‘2531. Personnel of former Lighthouse Service.’’.

IN THE COAST GUARD

SERVICE

(d) RECURRING REPORT.—
(1) IN GENERAL.—Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
14 USC 5109.

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Time periods.
Analysis.

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‘‘§ 5109. Report on gender diversity in the Coast Guard
‘‘(a) IN GENERAL.—Not later than January 15, 2022, and biennially thereafter, the Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report on gender diversity in the Coast Guard.
‘‘(b) CONTENTS.—The report required under subsection (a) shall
contain the following:
‘‘(1) GENDER DIVERSITY OVERVIEW.—An overview of Coast
Guard active duty and reserve members, including the number
of officers and enlisted members and the percentages of men
and women in each.
‘‘(2) RECRUITMENT AND RETENTION.—
‘‘(A) An analysis of the changes in the recruitment
and retention of women over the previous 2 years.
‘‘(B) A discussion of any changes to Coast Guard
recruitment and retention over the previous 2 years that
were aimed at increasing the recruitment and retention
of female members.

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‘‘(3) PARENTAL LEAVE.—
‘‘(A) The number of men and women who took parental
leave during each year covered by the report, including
the average length of such leave periods.
‘‘(B) A discussion of the ways in which the Coast Guard
worked to mitigate the impacts of parental leave on Coast
Guard operations and on the careers of the members taking
such leave.
‘‘(4) LIMITATIONS.—An analysis of current gender-based
limitations on Coast Guard career opportunities, including
discussion of—
‘‘(A) shipboard opportunities;
‘‘(B) opportunities to serve at remote units; and
‘‘(C) any other limitations on the opportunities of
female members.
‘‘(5) PROGRESS UPDATE.—An update on the Coast Guard’s
progress on the implementation of the action plan required
under subsection (a) of section 8215 of the Elijah E. Cummings
Coast Guard Authorization Act of 2020.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 51
of title 14, United States Code, is amended by adding at the
end the following:

Analysis.

14 USC 5101
prec.

‘‘5109. Report on gender diversity in the Coast Guard.’’.
SEC. 8216. DISPOSITION OF INFRASTRUCTURE RELATED TO E–LORAN.

Section 914 of title 14, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘date’’ and inserting ‘‘later of the date
of the conveyance of the properties directed under section
533(a) of the Coast Guard Authorization Act of 2016 (Public
Law 114–120) or the date’’; and
(B) by striking ‘‘determination by the Secretary’’ and
inserting ‘‘determination by the Secretary of Transportation
under section 312(d) of title 49’’; and
(2) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2) AVAILABILITY OF PROCEEDS.—The proceeds of such
sales, less the costs of sale incurred by the General Services
Administration, shall be deposited into the Coast Guard
Housing Fund for uses authorized under section 2946 of this
title.’’.
SEC. 8217. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.

Section 2103(c)(3) of title 14, United States Code, is amended
by striking ‘‘rear admiral (lower half)’’ and inserting ‘‘vice admiral’’.

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SEC. 8218. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS.

14 USC 719.

(a) IN GENERAL.—Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
‘‘§ 719. Research projects; transactions other than contracts
and grants
‘‘(a) ADDITIONAL FORMS OF TRANSACTIONS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Commandant may enter into—
‘‘(A) transactions (other than contracts, cooperative
agreements, and grants) in carrying out basic, applied,
and advanced research projects; and

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134 STAT. 4654

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(B) agreements with the Director of the Defense
Advanced Research Projects Agency, the Secretary of a
military department, or any other official designated by
the Secretary of Defense under section 2371b of title 10
to participate in prototype projects and follow-on production
contracts or transactions that are being carried out by
such official and are directly relevant to the Coast Guard’s
cyber capability and Command, Control, Communications,
Computers, and intelligence initiatives.
‘‘(2) ADDITIONAL AUTHORITY.—The authority under this subsection is in addition to the authority provided in section 717
to use contracts, cooperative agreements, and grants in carrying
out such projects.
‘‘(3) FUNDING.—In carrying out paragraph (1)(B), the Commandant may use funds made available to the extent provided
in advance in appropriations Acts for—
‘‘(A) operations and support;
‘‘(B) research, development, test, and evaluation; and
‘‘(C) procurement, construction, and improvement.
‘‘(b) RECOVERY OF FUNDS.—
‘‘(1) IN GENERAL.—Subject to subsection (d), a cooperative
agreement for performance of basic, applied, or advanced
research authorized by section 717, and a transaction authorized by subsection (a), may include a clause that requires
a person or other entity to make payments to the Coast Guard
or any other department or agency of the Federal Government
as a condition for receiving support under the agreement or
transaction, respectively.
‘‘(2) AVAILABILITY OF FUNDS.—The amount of any payment
received by the Federal Government pursuant to a requirement
imposed under paragraph (1) shall be deposited in the general
fund of the Treasury. Amounts so deposited shall be available
for the purposes of carrying out this section, to the extent
provided in advance in appropriations Acts.
‘‘(c) CONDITIONS.—
‘‘(1) IN GENERAL.—The Commandant shall ensure that to
the extent that the Commandant determines practicable, no
cooperative agreement containing a clause described in subsection (c)(1), and no transaction entered into under subsection
(a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard.
‘‘(2) OTHER AGREEMENTS NOT FEASIBLE.—A cooperative
agreement containing a clause described in subsection (c)(1),
or under a transaction authorized by subsection (a), may be
used for a research project only if the use of a standard contract,
grant, or cooperative agreement for such project is not feasible
or appropriate.
‘‘(d) EDUCATION AND TRAINING.—The Commandant shall—
‘‘(1) ensure that management, technical, and contracting
personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative
forms of contracting are afforded opportunities for adequate
education and training; and
‘‘(2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including
levels and requirements for acquisition certification programs.

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(e) PROTECTION

OF

134 STAT. 4655

CERTAIN INFORMATION FROM DISCLO-

SURE.—

‘‘(1) IN GENERAL.—Disclosure of information described in
paragraph (2) is not required, and may not be compelled, under
section 552 of title 5 for 5 years after the date on which
the information is received by the Coast Guard.
‘‘(2) LIMITATION.—
‘‘(A) IN GENERAL.—Paragraph (1) applies to information
described in subparagraph (B) that is in the records of
the Coast Guard only if the information was submitted
to the Coast Guard in a competitive or noncompetitive
process having the potential for resulting in an award,
to the party submitting the information, of a cooperative
agreement for performance of basic, applied, or advanced
research authorized by section 717 or another transaction
authorized by subsection (a).
‘‘(B) INFORMATION DESCRIBED.—The information
referred to in subparagraph (A) is the following:
‘‘(i) A proposal, proposal abstract, and supporting
documents.
‘‘(ii) A business plan submitted on a confidential
basis.
‘‘(iii) Technical information submitted on a confidential basis.
‘‘(f) REGULATIONS.—The Commandant shall prescribe regulations, as necessary, to carry out this section.
‘‘(g) ANNUAL REPORT.—On the date on which the President
submits to Congress a budget pursuant to section 1105 of title
31, the Commandant shall submit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce,
Science, and Transportation of the Senate a report describing each
use of the authority provided under this section during the most
recently completed fiscal year, including details of each use consisting of—
‘‘(1) the amount of each transaction;
‘‘(2) the entities or organizations involved;
‘‘(3) the product or service received;
‘‘(4) the research project for which the product or service
was required; and
‘‘(5) the extent of the cost sharing among Federal Government and non-Federal sources.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 7 of title
14, United States Code, is amended by adding at the end the
following:

14 USC 701 prec.

‘‘719. Research projects; transactions other than contracts and grants.’’.
SEC. 8219. ACQUISITION WORKFORCE AUTHORITIES.

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(a) IN GENERAL.—Subchapter I of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 1111. Acquisition workforce authorities
‘‘(a) EXPEDITED HIRING AUTHORITY.—
‘‘(1) IN GENERAL.—For the purposes of section 3304 of title
5, the Commandant may—

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14 USC 1111.

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134 STAT. 4656

Notification.

Effective date.

14 USC 1101
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(A) designate any category of acquisition positions
within the Coast Guard as shortage category positions;
and
‘‘(B) use the authorities in such section to recruit and
appoint highly qualified persons directly to positions so
designated.
‘‘(2) REPORTS.—The Commandant shall include in reports
under section 1102 information described in such section
regarding positions designated under this subsection.
‘‘(b) REEMPLOYMENT AUTHORITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
if an annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant
under subsection (a), the annuity of the annuitant so employed
shall continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter
83 or chapter 84 of title 5.
‘‘(2)(A) ELECTION.—An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from
the Civil Service Retirement and Disability Fund, who becomes
employed in any category of acquisition positions designated
by the Commandant under subsection (a) after the date of
the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, may elect to be subject to section
8344 or 8468 of such title (as the case may be).
‘‘(i) DEADLINE.—An election for coverage under this
subsection shall be filed not later than 90 days after the
Commandant takes reasonable actions to notify an
employee who may file an election.
‘‘(ii) COVERAGE.—If an employee files an election under
this subsection, coverage shall be effective beginning on
the first day of the first applicable pay period beginning
on or after the date of the filing of the election.
‘‘(B) APPLICATION.—Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph
(A) and does not file a timely election under clause (i) of
such subparagraph.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 11 of title 14, United States Code, is amended by adding
at the end the following:
‘‘1111. Acquisition workforce authorities.’’.

14 USC 1102
note.

(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 404 of the
Coast Guard Authorization Act of 2010 (Public Law 111–281) is
repealed.

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SEC.

8220.

VESSEL CONVERSION,
PROJECTS.

ALTERATION,

AND

REPAIR

(a) IN GENERAL.—Notwithstanding any provision of the Small
Business Act (15 U.S.C. 631 et seq.) and any regulation or policy
implementing such Act, the Commandant may use full and open
competitive procedures, as prescribed in section 2304 of title 10,
United States Code, to acquire maintenance and repair services
for vessels with a homeport in Coast Guard District 17.
(b) APPLICABILITY.—Subsection (a) shall apply only if there
are not at least 2 qualified small businesses located in Coast Guard

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District 17 that are able and available to provide the services
described in such subsection.
(c) LIMITATION.—The full and open competitive procedures
described in subsection (a) may only be used to acquire such services
from a business located in Coast Guard District 17 that is able
and available to provide such services.
SEC. 8221. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES.

(a) EXTRAORDINARY RELIEF.—
(1) IN GENERAL.—Subchapter III of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
‘‘§ 1157. Extraordinary relief
‘‘(a) IN GENERAL.—With respect to any prime contracting entity
receiving extraordinary relief pursuant to the Act entitled ‘An Act
to authorize the making, amendment, and modification of contracts
to facilitate the national defense’, approved August 28, 1958 (Public
Law 85–804; 50 U.S.C. 1432 et seq.) for a major acquisition, the
Secretary shall not consider any further request by the prime
contracting entity for extraordinary relief under such Act for such
major acquisition.
‘‘(b) INAPPLICABILITY TO SUBCONTRACTORS.—The limitation
under subsection (a) shall not apply to subcontractors of a prime
contracting entity.
‘‘(c) QUARTERLY REPORT.—Not less frequently than quarterly
during each fiscal year in which extraordinary relief is approved
or provided to an entity under the Act referred to in subsection
(a) for the acquisition of Offshore Patrol Cutters, the Commandant
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
describes in detail such relief and the compliance of the entity
with the oversight measures required as a condition of receiving
such relief.’’.
(3) ANALYSIS FOR CHAPTER 11.—The analysis for chapter
11 of title 14, United States Code, is amended by inserting
after the item relating to section 1156 the following:

14 USC 1157.

14 USC 1101
prec.

‘‘1157. Extraordinary relief.’’.

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(b) NOTICE TO CONGRESS
TRACT.—Section 1135 of title

WITH RESPECT TO BREACH OF CON14, United States Code, is amended
by adding at the end the following:
‘‘(d) NOTICE TO CONGRESS WITH RESPECT TO BREACH OF CONTRACT.—Not later than 48 hours after the Commandant becomes
aware that a major acquisition contract cannot be carried out under
the terms specified in the contract, the Commandant shall provide
a written notification to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that
includes—
‘‘(1) a description of the terms of the contract that cannot
be met; and
‘‘(2) an assessment of whether the applicable contract officer
has issued a cease and desist order to the contractor based
on the breach of such terms of the contract.’’.

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Assessment.

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SEC. 8222. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION.

Section 1461(a) of title 10, United States Code, is amended
by inserting ‘‘and the Coast Guard’’ after ‘‘liabilities of the Department of Defense’’.
SEC. 8223. PAYMENTS FROM FUND.

Section 1463(a) of title 10, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘and Marine Corps’’ and
inserting ‘‘Marine Corps, and Coast Guard’’;
(2) in paragraph (2) by striking ‘‘(other than retired pay
payable by the Secretary of Homeland Security)’’; and
(3) in paragraph (4) by inserting ‘‘and the Department
of Homeland Security that’’ after ‘‘Department of Defense’’.
SEC. 8224. DETERMINATION OF CONTRIBUTIONS TO FUND.

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Deadline.

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Section 1465 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) NOT’’ and inserting the following:
‘‘(a)(1) Not’’; and
(B) by adding at the end the following:
‘‘(2) Not later than October 1, 2022, the Board of Actuaries
shall determine the amount that is the present value (as of September 30, 2022) of future benefits payable from the Fund that
are attributable to service in the Coast Guard performed before
October 1, 2022. That amount is the original Coast Guard unfunded
liability of the Fund. The Board shall determine the period of
time over which the original Coast Guard unfunded liability should
be liquidated and shall determine an amortization schedule for
the liquidation of such liability over that period. Contributions
to the Fund for the liquidation of the original Coast Guard unfunded
liability in accordance with such schedule shall be made as provided
in section 1466(b) of this title.’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A)—
(I) by inserting ‘‘, in consultation with the
Secretary of the department in which the Coast
Guard is operating,’’ after ‘‘Secretary of Defense’’
; and
(II) by inserting ‘‘and Coast Guard’’ after
‘‘Department of Defense’’;
(ii) in subparagraph (A)(ii) by striking ‘‘(other than
the Coast Guard)’’ and inserting ‘‘members of the
Armed Forces’’; and
(iii) in subparagraph (B)(ii) by striking ‘‘(other than
the Coast Guard)’’;
(B) in paragraph (2) by inserting ‘‘the Coast Guard
Retired Pay account and the’’ after ‘‘appropriated to’’; and
(C) in paragraph (3) by inserting ‘‘and Coast Guard’’
after ‘‘Department of Defense’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A) by
inserting ‘‘, in consultation with the Secretary of the
department in which the Coast Guard is operating,’’
after ‘‘Secretary of Defense’’;

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(ii) in subparagraph (A) by striking ‘‘(other than
the Coast Guard)’’ and inserting ‘‘members of the
Armed Forces’’;
(iii) in subparagraph (B) by striking ‘‘(other than
the Coast Guard)’’;
(B) in paragraph (2) by inserting ‘‘, in consultation
with the Secretary of the department in which the Coast
Guard is operating,’’ after ‘‘Secretary of Defense’’;
(C) in paragraph (3) by inserting ‘‘, in consultation
with the Secretary of the department in which the Coast
Guard is operating,’’ after ‘‘Secretary of Defense’’;
(4) in subsection (e) by striking ‘‘Secretary of Defense shall’’
and inserting ‘‘Secretary of Defense and, with regard to the
Coast Guard, the Secretary of the department in which the
Coast Guard is operating’’.
SEC. 8225. PAYMENTS INTO FUND.

Section 1466 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘Secretary of Defense shall’’ and
inserting ‘‘Secretary of Defense and the Secretary of
the department in which the Coast Guard is operating,
with respect to the Coast guard, shall’’; and
(ii) by striking ‘‘each month as the Department
of Defense contribution’’ and inserting ‘‘each month
the respective pro rata share contribution of the Secretary of Defense and the Secretary of the department
in which the Coast Guard is operating’’; and
(B) in paragraph (2)(B) by striking ‘‘(other than the
Coast Guard)’’; and
(C) by striking the flush language following paragraph
(2)(B) and inserting the following new subsection:
‘‘(b) Amounts paid into the Fund under this subsection shall
be paid from funds available for as appropriate—
‘‘(1) the pay of members of the armed forces under the
jurisdiction of the Secretary of a military department; or
‘‘(2) the Retired Pay appropriation for the Coast Guard.’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) in subsection (c) (as so redesignated)—
(A) in paragraph (2)(A) by striking ‘‘liability of the
Fund.’’ and inserting ‘‘liabilities of the Fund for the Department of Defense and the Coast Guard.’’; and
(B) in paragraph (3) by inserting ‘‘and the Secretary
of the Department in which the Coast Guard is operating’’
before ‘‘shall promptly’’.

Subtitle C—Access to Child Care for Coast
Guard Families

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SEC. 8231. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR QUALIFIED FAMILIES.

(a) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and

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Assessment.

Recommendations.

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Assessments.

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Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
child care and school-age care options available to qualified families.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) FINANCIAL ASSISTANCE.—
(A) An assessment of—
(i) the subsidies and financial assistance for child
care and school-age care made available by the Coast
Guard to qualified families; and
(ii) the extent to which qualified families have
taken advantage of such subsidies and assistance.
(B) The average number of days between—
(i) the date on which an application for a subsidy
or other financial assistance for child care or schoolage care is submitted by a qualified family; and
(ii) upon approval of an application, the date on
which such subsidy or assistance is received by the
qualified family.
(C) Recommendations for streamlining the payment
of such subsidies and financial assistance.
(D) The amount of funding allocated to such subsidies
and financial assistance.
(E) The remaining costs for child care or school-age
care to qualified families that are not covered by the Coast
Guard.
(F) A description of barriers to access to such subsidies
and financial assistance.
(G) The number of qualified families that do not receive
any such subsidies or financial assistance.
(2) REGULATION OF CHILD CARE SERVICES.—
(A) An assessment of—
(i) the regulations of States with respect to child
care services (such as staffing, space and furnishings,
safety, curriculum requirements, and allowable care
hours); and
(ii) the effect that differences in such regulations
may have on access to child care for qualified families.
(B) An assessment of—
(i) the regulations of the Coast Guard and the
Department of Defense with respect to child development centers and other child care providers (including
school-age care providers), and a comparison of such
regulations with similar State regulations; and
(ii) the effect that such regulations may have on
access to child care and school-age care for qualified
families.
(C) The number of qualified families, and children,
that do not have access to a Coast Guard child development
center for child care.
(3) PARITY WITH DEPARTMENT OF DEFENSE.—The differences
between child care and school-age care services offered by the
Coast Guard and child care and school-age care authorities
of the Coast Guard and the Department of Defense relating
to the following:
(A) Authorized uses of appropriated funds for child
care and school-age care services.

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(B) Access to, and total capacity of, Coast Guard child
development centers and Department of Defense child
development centers.
(C) Child care and school-age care programs or policy.
(D) Coast Guard and Department of Defense programs
to provide additional assistance to members and civilian
employees with respect to child care and school-age care
options.
(E) Respite care programs.
(F) Nonappropriated funds.
(G) Coast Guard family child care centers.
(H) Coast Guard and Department of Defense publicly
available online resources for families seeking military
child care and school-age care.
(4) FEASIBILITY.—An analysis of the feasibility of the Commandant entering into agreements with private child care and
school-age care service providers to provide child care and
school-age care for qualified families.
(5) AVAILABILITY.—An analysis of the availability of child
care and school-age care for qualified families, including accessibility after normal work hours, proximity, and total capacity.
(6) RECOMMENDATIONS.—Recommendations—
(A) to improve access to child care and school-age care
for qualified families;
(B) to ensure parity between the Coast Guard and
the Department of Defense with respect to child care and
school-age care;
(C) to expand access to child care and school-age care
for all qualified families, including qualified families that
have a child with special needs; and
(D) to ensure that regional child care and child development center needs at the unit, sector, or district level
are identified, assessed, and reasonably evaluated by the
Commandant for future infrastructure needs.
(7) OTHER MATTERS.—A description or analysis of any other
matter the Comptroller General considers relevant to the
improvement of expanded access to child care and school-age
care for qualified families.

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SEC. 8232. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND
ONLINE TRACKING SYSTEM.

(a) MEMORANDUM OF UNDERSTANDING.—
(1) IN GENERAL.—The Commandant shall enter into a
memorandum of understanding with the Secretary of Defense
to enable qualified families to access the website at https://
militarychildcare.com (or a successor website) for purposes of
Coast Guard family access to information with respect to Stateaccredited child development centers and other child care support services as such services become available from the Department of Defense through such website. The memorandum shall
provide for the expansion of the geographical areas covered
by such website, including regions in which qualified families
live that are not yet covered by the program.
(2) INCLUSION OF CHILD DEVELOPMENT CENTERS ACCESSIBLE
UNDER PILOT PROGRAM.—The information accessible pursuant
to the memorandum of understanding required by paragraph

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Analysis.

Records.
14 USC 2922
note.

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134 STAT. 4662

(1) shall include information with respect to any child development center accessible pursuant to the pilot program under
section 8234.
(3) ELECTRONIC REGISTRATION, PAYMENT, AND TRACKING
SYSTEM.—Not later than 1 year after the date of the enactment
of this Act, the Commandant shall develop and maintain an
internet website of the Coast Guard accessible to qualified
families to carry out the following activities:
(A) Register children for a Coast Guard child development center.
(B) Make online child care payments to a Coast Guard
child development center.
(C) Track the status of a child on the wait list of
a Coast Guard child development center, including the
placement and position of the child on the wait list.
(b) WAIT LIST.—
(1) IN GENERAL.—The Commandant shall maintain a record
of the wait list for each Coast Guard child development center.
(2) MATTERS TO BE INCLUDED.—Each record under paragraph (1) shall include the following:
(A) The total number of children of qualified families
on the wait list.
(B) With respect to each child on the wait list—
(i) the age of the child;
(ii) the number of days the child has been on
the wait list;
(iii) the position of the child on the wait list;
(iv) any special needs consideration; and
(v) information on whether a sibling of the child
is on the wait list of, or currently enrolled in, the
Coast Guard child development center concerned.
(3) REQUIREMENT TO ARCHIVE.—Information placed in the
record of a Coast Guard child development center under paragraph (1) shall be archived for a period of not less than 10
years after the date of its placement in the record.

Deadline.

Time period.

14 USC 2922
note.

SEC. 8233. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS.

(a) STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, and for each of the 2 fiscal
years thereafter, the Commandant shall conduct a study on
the child care needs of qualified families that incorporates—
(A) the results of the survey under subsection (b);
and
(B) any other information the Commandant considers
appropriate to ensure adequate tracking and future needsbased assessments with respect to adequate access to Coast
Guard child development centers.
(2) CONSULTATION.—In conducting a study under paragraph (1), the Commandant may consult a federally funded
research and development center.
(3) SCOPE OF DATA.—The data obtained through each study
under paragraph (1) shall be obtained on a regional basis,
including by Coast Guard unit, sector, and district.
(b) SURVEY.—

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Deadline.
Time period.

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(1) IN GENERAL.—Together with each study under subsection (a), and annually as the Commandant considers appropriate, the Commandant shall carry out a survey of individuals
described in paragraph (2) on access to Coast Guard child
development centers.
(2) PARTICIPANTS.—
(A) IN GENERAL.—The Commandant shall seek the
participation in the survey of the following Coast Guard
individuals:
(i) Commanding officers, regardless of whether the
commanding officers have children.
(ii) Regular and reserve personnel.
(iii) Spouses of individuals described in clauses
(i) and (ii).
(B) SCOPE OF PARTICIPATION.—Individuals described in
clauses (i) through (iii) of subparagraph (A) shall be surveyed regardless of whether such individuals use or have
access to Coast Guard child development centers or other
Federal child care facilities.
(C) VOLUNTARY PARTICIPATION.—Participation of any
individual described in subparagraph (A) in a survey shall
be on a voluntary basis.
(c) AVAILABILITY.—On request, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives the results of any study or survey
under this section.

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SEC. 8234. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE.

(a) IN GENERAL.—Commencing not later than 60 days after
the date on which the report under section 8231 is submitted,
the Commandant shall carry out a pilot program, based on the
recommendations provided in such report, to expand access to public
or private child development centers for qualified families.
(b) DURATION.—The duration of the pilot program under subsection (a) shall be not more than 3 years beginning on the date
on which the pilot program is established.
(c) DISCHARGE ON DISTRICT BASIS.—The Commandant—
(1) may carry out the pilot program on a district basis;
and
(2) shall include in the pilot program remote and urban
locations.
(d) RESERVATION OF CHILD CARE SLOTS.—As part of the pilot
program, the Commandant shall seek to enter into one or more
memoranda of understanding with one or more child development
centers to reserve slots for qualified families in locations in which—
(1) the Coast Guard lacks a Coast Guard child development
center; or
(2) the wait lists for the nearest Coast Guard child development center or Department of Defense child development
center, where applicable, indicate that qualified families may
not be accommodated.
(e) ANNUAL ASSESSMENT OF RESULTS.—As part of any study
conducted pursuant to section 8233(a) after the end of the 1-year
period beginning with the commencement of the pilot program,
the Commandant shall also undertake a current assessment of
the impact of the pilot program on access to child development

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note.
Deadline.

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centers for qualified families. The Commandant shall include the
results of any such assessment in the results of the most current
study or survey submitted pursuant to section 8233(a).
SEC.

8235.

IMPROVEMENTS
HOUSING.

TO

COAST

GUARD-OWNED

FAMILY

Section 2922(b) of title 14, United States Code, is amended
by adding at the end the following:
‘‘(4) To the maximum extent practicable, the Commandant
shall ensure that, in a location in which Coast Guard family
child care centers (as such term is defined in section 8239
of the Elijah E. Cummings Coast Guard Authorization Act
of 2020) are necessary to meet the demand for child care
for qualified families (as such term is defined in such section),
not fewer than two housing units are maintained in accordance
with safety inspection standards so as to accommodate family
child care providers.’’.
SEC. 8236. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER
QUALIFICATIONS AND CERTIFICATIONS.
Deadline.
Determination.

Analysis.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives on the feasibility of developing a policy
to allow the transfer of a Coast Guard-mandated family child care
provider qualification or certification between Coast Guard-owned
housing units if, as determined by the Commandant—
(1) the qualification or certification is not expired;
(2) the transfer of the qualification or certification would
not pose a danger to any child in the care of the family child
care provider; and
(3) the transfer would expedite the ability of the family
child care provider to establish, administer, and provide family
home daycare in a Coast Guard-owned housing unit.
(b) BRIEFING ELEMENT.—The briefing required by subsection
(a) shall include analysis of options for transferring a Coast Guardmandated family child care provider qualification or certification
as described in that subsection, and of any legal challenges associated with such transfer.
(c) RULE OF CONSTRUCTION.—The policy under subsection (a)
shall not be construed to supersede any other applicable Federal,
State, or local law (including regulations) relating to the provision
of child care services.
SEC. 8237. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND FAMILY CHILD CARE PROVIDERS.

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Time period.

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(a) INSPECTIONS.—Section 2923 of title 14, United States Code,
is amended by striking subsection (b) and inserting the following:
‘‘(b) INSPECTIONS.—
‘‘(1) IN GENERAL.—Not less than twice annually, the Commandant shall ensure that each Coast Guard child development
center is subject to an unannounced inspection.
‘‘(2) RESPONSIBILITY FOR INSPECTIONS.—Of the biannual
inspections under paragraph (1)—
‘‘(A) 1 shall be carried out by a representative of the
Coast Guard installation served by the Coast Guard child
development center concerned; and

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134 STAT. 4665

‘‘(B) 1 shall be carried out by a representative of the
Coast Guard child development services work-life programs.’’.
(b) FAMILY CHILD CARE PROVIDERS.—
(1) IN GENERAL.—Chapter 29 of title 14, United States
Code, is amended by adding at the end the following:
‘‘§ 2926. Family child care providers
‘‘(a) IN GENERAL.—Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject
to inspection.
‘‘(b) RESPONSIBILITY FOR INSPECTIONS.—Of the quarterly inspections under subsection (a) each year—
‘‘(1) 3 inspections shall be carried out by a representative
of the Coast Guard installation served by the family child
care provider concerned; and
‘‘(2) 1 inspection shall be carried out by a representative
of the Coast Guard child development services work-life programs.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 29
of title 14, United States Code, is amended by adding at the
end the following:

14 USC 2926.

14 USC 2901
prec.

‘‘2926. Family child care providers.’’.
SEC. 8238. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.

Not later than 1 year after the date of the enactment of this
Act, the Commandant shall—
(1) establish a procedure to allow Coast Guard family child
care centers to occur at off-base housing, including off-base
housing owned or subsidized by the Coast Guard; and
(2) establish a procedure to ensure that all requirements
with respect to such family child care programs are met,
including home inspections.

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SEC. 8239. DEFINITIONS.

In this subtitle:
(1) COAST GUARD CHILD DEVELOPMENT CENTER.—The term
‘‘Coast Guard child development center’’ has the meaning given
that term in section 2921(3) of title 14, United States Code.
(2) COAST GUARD FAMILY CHILD CARE CENTER.—The term
‘‘Coast Guard family child care center’’ means a location at
which family home daycare is provided.
(3) FAMILY CHILD CARE PROVIDER.—The term ‘‘family child
care provider’’ means an individual who provides family home
daycare.
(4) FAMILY HOME DAYCARE.—The term ‘‘family home
daycare’’ has the meaning given that term in section 2921(5)
of title 14, United States Code.
(5) QUALIFIED FAMILY.—The term ‘‘qualified family’’ means
any regular, reserve, or retired member of the Coast Guard,
and any civilian employee of the Coast Guard, with one or
more dependents.

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14 USC 2922
note.
Deadline.
Procedures.

14 USC 2922
note.

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Subtitle D—Reports

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SEC. 8240. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS.

(a) ESPECIALLY HAZARDOUS CARGO.—Subsection (e) of section
70103 of title 46, United States Code, is amended to read as
follows:
‘‘(e) ESPECIALLY HAZARDOUS CARGO.—
‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with
other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal
security zone established by the Coast Guard around a vessel
containing especially hazardous cargo. The Coast Guard shall
allocate available resources so as to deter and respond to a
transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger.
‘‘(2) ESPECIALLY HAZARDOUS CARGO DEFINED.—In this subsection, the term ‘especially hazardous cargo’ means anhydrous
ammonia, ammonium nitrate, chlorine, liquefied natural gas,
liquefied petroleum gas, and any other substance, material,
or group or class of material, in a particular amount and
form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident
while being transported in maritime commerce.’’.
(b) COMPLIANCE WITH SECURITY STANDARDS.—Section 809 of
the Coast Guard and Maritime Transportation Act of 2004 (Public
Law 108–293; 46 U.S.C. 70101 note) is amended by striking subsections (g) and (i).
(c) MARINE SAFETY LONG-TERM STRATEGY.—Section 2116 of
title 46, United States Code, is amended—
(1) in subsection (a), by striking ‘‘The strategy shall include
the issuance of a triennial plan’’ and inserting ‘‘The 5-year
strategy shall include the issuance of a plan’’;
(2) in subsection (b)—
(A) in the subsection heading, by striking ‘‘CONTENTS
OF STRATEGY AND TRIENNIAL PLANS’’ and inserting ‘‘5–
YEAR STRATEGY AND PLAN’’;
(B) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘strategy and triennial plans’’ and
inserting ‘‘5-year strategy and plan’’; and
(C) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘strategy and triennial plans’’ and inserting
‘‘5-year strategy and plan’’; and
(ii) in subparagraph (A), by striking ‘‘plans’’ and
inserting ‘‘plan’’;
(3) in subsection (c)—
(A) by striking ‘‘Beginning with fiscal year 2020 and
triennially thereafter, the Secretary’’ and inserting ‘‘Not
later than 5 years after the date of the enactment of
the Elijah E. Cummings Coast Guard Authorization Act
of 2020, and every 5 years thereafter, the Secretary’’; and
(B) by striking ‘‘triennial’’; and
(4) in subsection (d)—
(A) in paragraph (1), by striking ‘‘No less frequently
than semiannually’’ and inserting ‘‘In conjunction with the
submission of the 5-year strategy and plan’’; and

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134 STAT. 4667

(B) in paragraph (2)—
(i) in the heading, by striking ‘‘REPORT TO CONGRESS’’ and inserting ‘‘PERIODIC BRIEFINGS’’;
(ii) in the matter preceding subparagraph (A), by
striking ‘‘report triennially’’ and all that follows
through ‘‘the Senate’’ and inserting ‘‘periodically brief
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives’’;
(iii) in subparagraph (A)—
(I) by striking ‘‘annual’’; and
(II) by striking ‘‘for the year covered by the
report’’ and inserting ‘‘for the period covered by
the briefing’’; and
(iv) in subparagraph (B)(ii), by striking ‘‘plans’’
and inserting ‘‘plan’’.
(d) ABANDONED SEAFARERS FUND.—Section 11113(a) of title
46, United States Code, is amended—
(1) in paragraph (4), by striking ‘‘On the date’’ and inserting
‘‘Except as provided in paragraph (5), on the date’’; and
(2) by adding at the end the following:
‘‘(5) NO REPORT REQUIRED.—A report under paragraph (4)
shall not be required if there were no expenditures from the
Fund in the preceding fiscal year. The Commandant shall notify
Congress in the event a report is not required under paragraph
(4) by reason of this paragraph.’’.
(e) MAJOR ACQUISITION PROGRAM RISK ASSESSMENT.—Section
5107 of title 14, United States Code, is amended—
(1) in subsection (a), by striking ‘‘April 15 and October
15’’ and inserting ‘‘October 15’’; and
(2) in subsection (b)—
(A) in paragraph (2), by striking ‘‘the 2 fiscal-year
quarters preceding such assessment’’ and inserting ‘‘the
previous fiscal year’’;
(B) in paragraph (3), by striking ‘‘such 2 fiscal-year
quarters’’ and inserting ‘‘such fiscal year’’;
(C) in paragraph (4), by striking ‘‘such 2 fiscal-year
quarters’’ and inserting ‘‘such fiscal year’’; and
(D) in paragraph (5), by striking ‘‘such 2 fiscal-year
quarters’’ and inserting ‘‘such fiscal year’’.

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SEC. 8241. REPORT ON CYBERSECURITY WORKFORCE.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on how the Coast Guard plans
to establish a workforce with the cybersecurity expertise to provide
prevention assessments and response capacity to Operational Technology and Industrial Control Systems in national port and maritime environments.
(b) CONTENTS.—The report under subsection (a) shall include
the following:
(1) A description of the number and skills of active duty
and reserve Coast Guard members expected for initial operating

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PUBLIC LAW 116–283—JAN. 1, 2021
capacity and full operating capacity of the workforce described
in subsection (a).
(2) A description of the career development path for officers
and enlisted members participating in the workforce.
(3) A determination of how the workforce will fulfill the
cybersecurity needs of the Area Maritime Security Council and
United States port environments.
(4) A determination of how the workforce will integrate
with the Hunt and Incident Response and Assessment Teams
of the Cyber and Infrastructure Security Agency of the Department of Homeland Security.
(5) An assessment of successful models used by other
Armed Forces, including the National Guard, to recruit, maintain, and utilize a cyber workforce, including the use of Reserve
personnel for that purpose.

Determination.

Determination.

Assessment.

SEC. 8242. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT.

Recommendations.
Assessment.

List.
Analysis.

Analysis.

Assessment.

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Assessment.

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(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the training and qualification
processes of the Coast Guard for deck watch officers, with a specific
focus on basic navigation, bridge resource management, crew rest,
and qualification processes.
(b) CONTENTS.—The report under subsection (a) shall include
the following:
(1) Recommendations for improving prearrival training, if
necessary, and an assessment of how commercial industry best
practices on prearrival training can be incorporated into military at sea watchkeeping.
(2) A detailed description of the deck watch officer assessment process of the Coast Guard.
(3) A list of programs that have been approved for credit
toward merchant mariner credentials.
(4) A complete analysis of the gap between the existing
curriculum for deck watch officer training and the Standards
of Training, Certification, and Watchkeeping for officer in
charge of a navigational watch at the operational level, Chief
level, and Master level.
(5) A complete analysis of the gap between the existing
training curriculum for deck watch officers and the licensing
requirement for 3rd mate unlimited, Chief, and Master.
(6) An assessment of deck watch officer options to complete
the 3rd mate unlimited license and the qualification under
the Standards of Training, Certification, and Watchkeeping
for officer in charge of a navigational watch.
(7) An assessment of senior deck watch officer options
to complete the Chief Mate and Master unlimited license and
the qualification under the Standards of Training, Certification,
and Watchkeeping for Chief Mate and Master.

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134 STAT. 4669

SEC. 8243. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND
RECAPITALIZATION.

Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(1) includes an updated fleet life-cycle analysis and service
life extension plan that includes dynamic components, and
which clearly demonstrates the mission viability of the MH–
65 through anticipated fleet recapitalization;
(2) includes a realistic sustainment budget necessary to
achieve the operational availability rates necessary to meet
MH–65 mission requirements through fleet recapitalization;
(3) includes an update on the status of the Coast Guard
MH–65 helicopter recapitalization; and
(4) includes a description of any alternative, available, and
cost-effective Government and civil systems, or updates, that
the Coast Guard is considering for MH–65 operational missions,
including Coast Guard cutter deployability requirements, in
the event of delays to the future vertical lift program of the
Coast Guard.

Updates.

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SEC. 8244. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR
CYBER INCIDENTS ON VESSELS ENTERING PORTS OR
WATERS OF THE UNITED STATES.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the response capabilities
of the Coast Guard with respect to cyber incidents on vessels
entering ports or waters of the United States.
(b) REVIEW.—The report under subsection (a) shall include a
review of each of the following:
(1) The number and type of commercial vessels of the
United States subject to regulations under part 104 of title
33, Code of Federal Regulations (or any corresponding similar
regulation or ruling).
(2) Policies and guidance issued by the Commandant, in
accordance with guidelines on cyber risk management of the
International Maritime Organization, to vessels of the United
States.
(3) Measures to be taken by owners or operators of commercial vessels of the United States to increase cybersecurity posture on such vessels.
(4) Responses of the Commandant to cyber incidents on
vessels described in paragraph (1) prior to the date of the
enactment of this Act.
(5) Response protocols followed by personnel of the Coast
Guard to a cyber incident on any vessel described in paragraph
(1) experienced while that vessel is traveling to ports or waters
of the United States.
(6) Oversight by the Commandant of—
(A) vessel-to-facility interface, as defined in section
101.105 of title 33, Code of Federal Regulations (or any
corresponding similar regulation or ruling); and

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134 STAT. 4670

Classified
information.

PUBLIC LAW 116–283—JAN. 1, 2021

(B) actions taken by the Coast Guard in coordination
with vessel and facility owners and operators to protect
commercial vessels and port facility infrastructure from
cyber attacks and proliferation.
(7) Requirements of the Commandant for the reporting
of cyber incidents that occur on the vessels described in paragraph (1).
(c) RECOMMENDATIONS AND APPROPRIATIONS.—The Commandant shall include in the report under subsection (a)—
(1) recommendations—
(A) to improve cyber incident response; and
(B) for policies to address gaps identified by the review
under subsection (b); and
(2) a description of authorities and appropriations necessary to improve the preparedness of the Coast Guard for
cyber incidents on vessels entering ports or waters of the United
States and the ability of the Coast Guard to prevent and
respond to such incidents.
(d) FORM.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(e) VESSEL OF THE UNITED STATES DEFINED.—In this section,
the term ‘‘vessel of the United States’’ has the meaning given
such term in section 116 of title 46, United States Code.
SEC. 8245. STUDY AND REPORT ON COAST GUARD INTERDICTION OF
ILLICIT DRUGS IN TRANSIT ZONES.

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Coordination.

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(a) FINDINGS.—Congress makes the following findings:
(1) The Coast Guard seizes an average of 1,221 pounds
of cocaine and 85 pounds of marijuana each day in the transit
zones of the Eastern Pacific Ocean, Caribbean Sea, and
Southern maritime border approaches.
(2) The Joint Interagency Task Force–South (JIATF–South)
estimates that it has a spectrum of actionable intelligence
on more than 80 percent of drug movements into the United
States from Central America and South America.
(3) The Coast Guard must balance asset allocation across
11 statutory missions. As such, the Coast Guard interdicts
less than 10 percent of maritime noncommercial smuggling
of illicit drugs into the United States from Central America
and South America.
(4) In 2017, the Government Accountability Office recommended that the Commandant of the Coast Guard—
(A) develop new performance goals relating to the interdiction of illicit drugs smuggled into the United States,
or describe the manner in which existing goals are sufficient;
(B) report such goals to the public;
(C) assess the extent to which limitations in performance data with respect to such goals are documented;
(D) document measurable corrective actions and
implementation timeframes with respect to such goals; and
(E) document efforts to monitor implementation of such
corrective actions.
(b) STUDY.—The Secretary of the Department in which the
Coast Guard is operating, in coordination with the Secretary of
Defense and the heads of other relevant Federal agencies, shall
conduct a study in order to identify gaps in resources that contribute

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to low interdiction rates for maritime noncommercial smuggling
of illicit drugs into the United States from Central America and
South America despite having actionable intelligence on more than
80 percent of drug movements in the transit zones of the Eastern
Pacific Ocean, Caribbean Sea, and Southern maritime border
approaches.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the Department in which the
Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection
(b). Such report shall include—
(1) a statement of the Coast Guard mission requirements
for drug interdiction in the Caribbean basin;
(2) the number of maritime surveillance hours and Coast
Guard assets used in each of fiscal years 2017 through 2019
to counter the illicit trafficking of drugs and other related
threats throughout the Caribbean basin; and
(3) a determination of whether such hours and assets satisfied the Coast Guard mission requirements for drug interdiction
in the Caribbean basin.
(d) FORM.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.

Determination.

Classified
information.

SEC. 8246. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF
THE OIL POLLUTION ACT OF 1990.

Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following:
(1) Each liability limit set under section 1004 of the Oil
Pollution Act of 1990 (33 U.S.C. 2704), including the statutory
or regulatory authority establishing such limit.
(2) If the Commandant determines that any liability limit
listed in such section should be modified—
(A) a description of the modification;
(B) a justification for such modification; and
(C) a recommendation for legislative or regulatory
action to achieve such modification.

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SEC.

8247.

REPORT ON COAST GUARD
RESOURCES ALLOCATION.

DEFENSE

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Recommendation.

READINESS

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the allocation of resources by the Coast Guard to support its
defense readiness mission.
(b) CONTENTS.—The report required by subsection (a) shall
include the following elements:
(1) Funding levels allocated by the Coast Guard to support
defense readiness missions for each of the past 10 fiscal years.
(2) Funding levels transferred or otherwise provided by
the Department of Defense to the Coast Guard in support

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of the Coast Guard’s defense readiness missions for each of
the past 10 fiscal years.
(3) The number of Coast Guard detachments assigned in
support of the Coast Guard’s defense readiness mission for
each of the past 10 fiscal years.
(c) ASSESSMENT.—In addition to the elements detailed in subsection (b), the report shall include an assessment of the impacts
on the Coast Guard’s non-defense mission readiness and operational
capabilities due to the annual levels of reimbursement provided
by the Department of Defense to compensate the Coast Guard
for its expenses to fulfill its defense readiness mission.
SEC. 8248. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS
FUELED VESSELS.

Not later than 1 year after the date of the enactment of this
Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the following:
(1) The feasibility, safety, and cost effectiveness of using
liquefied natural gas to fuel new Coast Guard vessels.
(2) The feasibility, safety, and cost effectiveness of converting existing vessels to run on liquefied natural gas fuels.
(3) The operational feasibility of using liquefied natural
gas to fuel Coast Guard vessels.
SEC. 8249. COAST GUARD AUTHORITIES STUDY.
Contracts.
Deadline.
Assessment.

Examination.

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Definition.
Determination.
Time period.

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(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60
days after the date of the enactment of this Act under which
the Academy shall prepare an assessment of Coast Guard authorities.
(b) ASSESSMENT.—The assessment under subsection (a) shall
provide—
(1) an examination of emerging issues that may require
Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and shortcomings
of relying on current Coast Guard authorities to address
emerging issues; and
(3) an overview of adjustments and additions that could
be made to existing Coast Guard authorities to fully address
emerging issues.
(c) REPORT TO THE CONGRESS.—Not later than 1 year after
entering into an arrangement with the Secretary under subsection
(a), the National Academy of Sciences shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate the assessment under this section.
(d) EMERGING ISSUES.—In this section, the term ‘‘emerging
issues’’ means changes in the maritime industry and environment
that in the determination of the National Academy of Sciences
are reasonably likely to occur within 10 years after the date of
the enactment of this Act, including—
(1) the introduction of new technologies in the maritime
domain;
(2) the advent of new processes or operational activities
in the maritime domain; and

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134 STAT. 4673

(3) changes in the use of navigable waterways.
(e) FORM.—The assessment required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.

Classified
information.

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SEC. 8250. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST
GUARD.

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(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on vulnerabilities of Coast
Guard installations and requirements resulting from climate change
over the next 20 years.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) A list of the 10 most vulnerable Coast Guard installations based on the effects of climate change, including rising
sea tides, increased flooding, drought, desertification, wildfires,
thawing permafrost, or any other categories the Commandant
determines necessary.
(2) An overview of—
(A) mitigations that may be necessary to ensure the
continued operational viability and to increase the resiliency of the identified vulnerable installations; and
(B) the cost of such mitigations.
(3) A discussion of the climate-change-related effects on
the Coast Guard, including—
(A) the increase in the frequency of humanitarian
assistance and disaster relief missions; and
(B) campaign plans, contingency plans, and operational
posture of the Coast Guard.
(4) An overview of mitigations that may be necessary to
ensure mission resiliency and the cost of such mitigations.
(c) FORM.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.

Time period.

SEC. 8251. SHORE INFRASTRUCTURE.

14 USC 504 note.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Commandant shall—
(1) develop a plan to standardize Coast Guard facility condition assessments;
(2) establish shore infrastructure performance goals, measures, and baselines to track the effectiveness of maintenance
and repair investments and provide feedback on progress made;
(3) develop a process to routinely align the Coast Guard
shore infrastructure portfolio with mission needs, including
disposing of unneeded assets;
(4) establish guidance for planning boards to document
inputs, deliberations, and project prioritization decisions for
infrastructure maintenance projects;
(5) employ models for Coast Guard infrastructure asset
lines for—
(A) predicting the outcome of investments in shore
infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing investments;

Deadline.

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List.

Classified
information.

Plan.

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PUBLIC LAW 116–283—JAN. 1, 2021

(6) include supporting details about competing project alternatives and report tradeoffs in congressional budget requests
and related reports; and
(7) explore the development of real property management
expertise within the Coast Guard workforce, including members
of the Senior Executive Service.
(b) BRIEFING.—Not later than December 31, 2020, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the status
of the actions required under subsection (a).

Deadline.

SEC. 8252. COAST GUARD HOUSING; STATUS AND AUTHORITIES
BRIEFING.
Deadline.

Recommendations.

Not later than 180 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a briefing on Coast Guard housing, including—
(1) a description of the material condition of Coast Guard
housing facilities;
(2) the amount of current Coast Guard housing construction
and deferred maintenance backlogs;
(3) an overview of the manner in which the Coast Guard
manages and maintains housing facilities;
(4) a discussion of whether reauthorizing housing authorities for the Coast Guard similar to those provided in section
208 of the Coast Guard Authorization Act of 1996 (Public
Law 104–324); and
(5) recommendations regarding how the Congress could
adjust those authorities to prevent mismanagement of Coast
Guard housing facilities.
SEC. 8253. PHYSICAL ACCESS CONTROL SYSTEM REPORT.

Time period.

Estimate.
Timeline.
Cost estimate.

Not later 180 days after the date of the enactment of this
Act, and annually for each of the 4 years thereafter, the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
regarding the status of the Coast Guard’s compliance with Homeland Security Presidential Directive 12 (HSPD–12) and Federal
Information Processing Standard 201 (FIPS–201), including—
(1) the status of Coast Guard efforts to field a comprehensive Physical Access Control System at Coast Guard installations and locations necessary to bring the Service into compliance with HSPD–12 and FIPS–201B;
(2) the status of the selection of a technological solution;
(3) the estimated phases and timeframe to complete the
implementation of such a system; and
(4) the estimated cost for each phase of the project.

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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.

(a) GAO REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the

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134 STAT. 4675

United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report on the resources, regulations, policies,
protocols, and other actions designed to carry out the Coast
Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels (including examinations under
section 153.808 of title 46, Code of Federal Regulations) and
vessels that carry bulk liquefied gases as cargo (including
examinations under part 154 of title 46, Code of Federal Regulations) for purposes of maintaining the efficiency of examinations
under that program.
(2) CONTENTS.—The report under paragraph (1) shall
include an assessment of the adequacy of current Coast Guard
resources, regulations, policies, and protocols to maintain vessel
examination efficiency while carrying out the program referred
to in paragraph (1) as United States bulk liquefied gases cargo,
liquefied natural gas exports, and associated vessel traffic at
United States ports increase.
(b) NATIONAL ACADEMIES STUDY.—
(1) IN GENERAL.—Not later than 6 months after the date
on which the report required under subsection (a) is submitted,
the Commandant shall enter into an agreement with the
National Academies under which the National Academies
shall—
(A) conduct an evaluation of the constraints and challenges to maintaining examination efficiency under the
program as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at
United States ports increase; and
(B) issue recommendations for changes to resources,
regulations, policies, and protocols to maintain the efficiency of the program, including analysis of the following
alternatives:
(i) Establishment of a Coast Guard marine examination unit near the Panama Canal to conduct inspections under the program on liquefied natural gas tank
vessels bound for the United States, similar to Coast
Guard operations carried out by Coast Guard Activities
Europe and Coast Guard Activities Far East, including
the effects of the establishment of such a unit on
the domestic aspects of the program.
(ii) Management of all marine examiners with gas
carrier qualification within each Coast Guard District
by a single Officer in Charge, Marine Inspection (as
defined in section 50.10–10 of title 46, Code of Federal
Regulations) to improve the efficiency of their vessel
examination assignments.
(iii) Extension of the duration of assignment of
marine examiners with a gas carrier qualification at
Coast Guard units that most frequently inspect vessels
that carry bulk liquefied gases as cargo and liquefied
natural gas tank vessels.
(iv) Increase in the use of civilians to conduct
and support examinations under the program.
(v) Extension of the duration of certificates of
compliance under the program for vessels that carry

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Assessment.

Deadline.
Contracts.

Evaluation.

Recommendations.

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bulk liquefied gases as cargo and liquefied natural
gas tank vessels that are less than 10 years of age
and participate in a Coast Guard vessel quality program.

SEC. 8255. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON COAST GUARD’S INTERNATIONAL PORT
SECURITY PROGRAM.
Recommendations.

(a) GAO REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report setting
forth the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the Coast Guard’s
International Port Security Program, including the findings, and
any recommendations for improvement of the program, of the Comptroller General.
(b) REQUIRED ELEMENTS OF REVIEW.—The review required
under subsection (a) shall include—
(1) review of the actions of the Coast Guard under the
Coast Guard’s International Port Security Program, since 2014,
to enhance foreign port inspections;
(2) review of the actions of the Coast Guard to recognize
and monitor port inspection programs of foreign governments;
(3) identification and review of the actions the Coast Guard
takes to address any deficiencies it observes during visits at
foreign ports;
(4) identify and review the benchmarks of the Coast Guard
for measuring the effectiveness of the program; and
(5) review of the extent to which the Coast Guard and
United States Customs and Border Protection coordinate efforts
to screen and inspect cargo at foreign ports.
SEC. 8256. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON SURGE CAPACITY OF THE COAST GUARD.

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Recommendations.

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(a) GAO REPORT.—Not later than 60 days after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report setting
for the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the surge capacity
of the Coast Guard to respond to a catastrophic incident (such
as a hurricane), including the findings, and any recommendations
for improvement, of the Comptroller General.
(b) REQUIRED ELEMENTS OF REVIEW.—The review required
under subsection (a) shall include—
(1) a description and review of each Coast Guard deployment in response to a catastrophic incident after 2005;
(2) identification of best practices informed by the deployments described in paragraph (1);
(3) a review of the ability of the surge force of the Coast
Guard to meet the demands of the response roles in which
it was serving during each deployment described in paragraph
(1);
(4) identification of any statutory or regulatory impediments, such as adaptability, planning, training, mobilization,

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134 STAT. 4677

or information and resource integration, to the surge capacity
of the Coast Guard in response to a catastrophic incident;
(5) review of the impacts of a surge of the Coast Guard
in response to a catastrophic incident on the capacity of the
Coast Guard to perform its statutory missions;
(6) review of the capability of the Coast Guard to surge
in response to concurrent or subsequent catastrophic incidents;
and
(7) review and description of existing voluntary and involuntary deployments of Coast Guard personnel and assets in
support of a United States Customs and Border Protection
response to a national emergency (as defined in Presidential
Proclamation 9844) on the surge capacity of the Coast Guard
in the event of a catastrophic incident.
(c) DEFINITIONS.—In this section, the terms ‘‘catastrophic
incident’’ and ‘‘surge capacity’’ have the meaning given such terms
in section 602 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 701).
SEC. 8257. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON MARINE INSPECTIONS PROGRAM OF
COAST GUARD.

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(a) GAO REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report setting
forth the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the marine inspections
program of the Coast Guard, including the findings, and any recommendations for improvement of the program, of the Comptroller
General.
(b) REQUIRED ELEMENTS OF REVIEW.—The review required
under subsection (a) shall include—
(1) an analysis of the demand for marine inspectors;
(2) an identification of the number of fully qualified marine
inspectors;
(3) a determination of whether the number of marine
inspectors identified in paragraph (2) is sufficient to meet the
demand described in paragraph (1);
(4) a review of the enlisted marine inspector workforce
compared to the civilian marine inspector workforce and
whether there is any discernable distinction or impact between
such workforces in the performance of the marine safety mission;
(5) an evaluation of the training continuum of marine
inspectors;
(6) a description and review of what actions, if any, the
Coast Guard is taking to adapt to the current rise in United
States export of crude oil and other fuels, such as implementing
a safety inspection regime for barges; and
(7) an analysis of extending tours of duty for marine inspectors and increasing the number of civilian marine inspectors.

Recommendations.

Analysis.

Determination.

Evaluation.

Analysis.

SEC. 8258. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON INFORMATION TECHNOLOGY PROGRAM
OF COAST GUARD.

(a) GAO REPORT.—

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134 STAT. 4678
Recommendations.

Analyses.

Strategies.

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Assessment.

Cost estimate.
Timeline.

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PUBLIC LAW 116–283—JAN. 1, 2021

(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report setting forth the results of a comprehensive review, conducted by the Comptroller General for purposes
of the report, on the Coast Guard Command, Control, Communications, Computers, Cyber, and Intelligence Service Center,
including the findings, and any recommendations for improvement of the program, of the Comptroller General.
(2) REQUIRED ELEMENTS OF REVIEW.—The review required
under paragraph (1) shall include—
(A) analysis of how the Coast Guard manages its
information technology program, including information
technology acquisitions, to meet its various mission needs
and reporting requirements;
(B) analysis of the adequacy of the physical information
technology infrastructure within Coast Guard districts,
including network infrastructure, for meeting mission
needs and reporting requirements;
(C) analysis of whether and, if so, how the Coast
Guard—
(i) identifies and satisfies any knowledge and skill
requirements; and
(ii) recruits, trains, and develops its information
technology personnel;
(D) analysis of whether and, if so, how the Coast Guard
separates information technology from operational technology for cybersecurity purposes;
(E) analysis of how the Coast Guard intends to update
its Marine Information for Safety and Law Enforcement
system, personnel, accounting and other databases, and
implement an electronic health records system; and
(F) analysis of the goals and acquisition strategies
for all proposed Coast Guard enterprise-wide cloud computing service procurements.
(b) REVIEW ON CLOUD COMPUTING.—Not later than 180 days
after the date of the enactment of this Act, the Commandant shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed description
of the Coast Guard’s strategy to implement cloud computing for
the entire Coast Guard, including—
(1) the goals and acquisition strategies for all proposed
enterprise-wide cloud computing service procurements;
(2) a strategy to sustain competition and innovation
throughout the period of performance of each contract for
procurement of cloud-computing goods and services for the
Coast Guard, including defining opportunities for multiple
cloud-service providers and insertion of new technologies;
(3) an assessment of potential threats and security
vulnerabilities of the strategy, and plans to mitigate such risks;
and
(4) an estimate of the cost and timeline to implement
cloud computing service for all Coast Guard computing.

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134 STAT. 4679

SEC. 8259. COMPTROLLER GENERAL OF THE UNITED STATES STUDY
AND REPORT ON ACCESS TO HEALTH CARE BY MEMBERS
OF COAST GUARD AND DEPENDENTS.

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(a) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study that examines access to, experience
with, and needs under the TRICARE program of members
of the Coast Guard and their dependents.
(2) ELEMENTS.—The study conducted under paragraph (1)
shall analyze the following:
(A) The record of the TRICARE program in meeting
the standards for care for primary and specialty care for
members of the Coast Guard and dependents of those members, including members stationed in remote units.
(B) The accuracy and update periodicity of lists of
providers under the TRICARE program in areas serving
Coast Guard families.
(C) The wait times under the TRICARE program for
appointments, specialty care, and referrals for members
of the Coast Guard and dependents of those members.
(D) The availability of providers under the TRICARE
program in remote locations, including providers for mental
health, care for children with special needs, child and
adolescent psychiatry, dental, and female health.
(E) The access of members of the Coast Guard and
dependents of those members to services under the
TRICARE program in comparison to the access to such
services by personnel of the Department of Defense and
dependents of such personnel.
(F) The liaison assistance between members of the
Coast Guard and dependents of those members and the
TRICARE program provided by the Coast Guard in
comparison to such assistance provided by the Department
of Defense.
(G) How delayed access to care, timeliness of care,
and distance traveled to care may impact personnel readiness of members of the Coast Guard.
(H) The regions particularly impacted by lack of access
to care and recommendations to address those access
issues.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report containing the findings, conclusions, and recommendations to improve access to quality, timely,
and effective health care for members of the Coast Guard and
dependents of those members from the study required under subsection (a).
(c) DEFINITIONS.—In this section, the terms ‘‘dependent’’ and
‘‘TRICARE program’’ have the meanings given such terms in section
1072 of title 10, United States Code.

Examination.

Analyses.

Recommendations.

SEC. 8260. COMPTROLLER GENERAL OF THE UNITED STATES STUDY
AND REPORT ON MEDICAL STAFFING STANDARDS AND
NEEDS FOR COAST GUARD.

(a) STUDY.—

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134 STAT. 4680
Examination.

Analyses.

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Assessments.

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PUBLIC LAW 116–283—JAN. 1, 2021

(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study that examines the health care
system of the Coast Guard.
(2) ELEMENTS.—The study conducted under paragraph (1)
shall analyze the following:
(A) The billets in clinics of the Coast Guard, whether
for personnel of the Coast Guard or otherwise, including
the number of billets, vacancies, and length of vacancies.
(B) The wait times for patients to attain an appointment for urgent care, routine physician care, and dental
care.
(C) The impact of billet vacancies on such wait times.
(D) The barriers, if any, to improving coordination
and access to physicians within the health care system
of the Department of Defense.
(E) The accessibility and availability of behavioral
health medical personnel at clinics of the Coast Guard,
including personnel available for family counseling,
therapy, and other needs.
(F) The staffing models of clinics of the Coast Guard,
including recommendations to modernize such models.
(G) The locations and needs of Coast Guard units with
or without clinics.
(H) How access to care models for members of the
Coast Guard are managed, including models with respect
to the time and distance traveled to receive care, the cost
of that travel, and alternate options to secure care quickly
and efficiently for members serving in units without a
clinic.
(b) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
containing the findings, conclusions, and recommendations from
the study required under subsection (a).
(2) ELEMENTS.—The report submitted under paragraph (1)
shall include the following:
(A) An identification of the number of members of
the Coast Guard and types of units of the Coast Guard
serviced by the health care system of the Coast Guard.
(B) An assessment of the ability of the Coast Guard
to conduct medical support at outlying units, including
remote units.
(C) An assessment of the capacity of the Coast Guard
to support surge operations using historical data from the
10-year period preceding the date of the report.
(D) An assessment of the impact to operations of the
Coast Guard by extended wait times or travel times to
receive care or other issues identified by the report.
(c) RECOMMENDATIONS.—Not later than 90 days after the date
on which the report is submitted under subsection (b), the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives written
recommendations for medical staffing standards for the Coast Guard

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134 STAT. 4681

based on each finding and conclusion contained in the report,
including recommendations for health service technicians, flight
surgeons, physician assistants, dentists, dental hygienists, family
advocate services, pharmacists, and administrators, and other recommendations, as appropriate.
SEC. 8261. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL
CUTTERS, AND NATIONAL SECURITY CUTTERS.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the combination of Fast
Response Cutters, Offshore Patrol Cutters, and National Security
Cutters necessary to carry out Coast Guard missions.
(b) ELEMENTS.—The report required by subsection (a) shall
include—
(1) an updated cost estimate for each type of cutter
described in such subsection; and
(2) a cost estimate for a Sensitive Compartmented Information Facility outfitted to manage data in a manner equivalent
to the National Security Cutter Sensitive Compartmented
Information Facilities.

Subtitle E—Coast Guard Academy
Improvement Act

Cost estimates.

Coast Guard
Academy
Improvement
Act.

SEC. 8271. SHORT TITLE.

14 USC 101 note.

This subtitle may be cited as the ‘‘Coast Guard Academy
Improvement Act’’.

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SEC. 8272. COAST GUARD ACADEMY STUDY.

(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not
later than 60 days after the date of the enactment of the this
Act under which the National Academy of Public Administration
shall—
(1) conduct an assessment of the cultural competence of
the Coast Guard Academy as an organization and of individuals
at the Coast Guard Academy to carry out effectively the primary
duties of the United States Coast Guard listed in section 102
of title 14, United States Code, when interacting with individuals of different races, ethnicities, genders, religions, sexual
orientations, socioeconomic backgrounds, or from different
geographic origins; and
(2) issue recommendations based upon the findings in such
assessment.
(b) ASSESSMENT OF CULTURAL COMPETENCE.—
(1) CULTURAL COMPETENCE OF THE COAST GUARD
ACADEMY.—The arrangement described in subsection (a) shall
require the National Academy of Public Administration to, not
later than 1 year after entering into an arrangement with
the Secretary under subsection (a), submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and

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note.
Contracts.
Deadline.

Assessment.

Recommendations.
Deadline.

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134 STAT. 4682

Examination.

Recommendations.

Deadline.

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Deadline.
Coordination.

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Transportation of the Senate the assessment described under
subsection (a)(1).
(2) ASSESSMENT SCOPE.—The assessment described under
subsection (a)(1) shall—
(A) describe the level of cultural competence described
in subsection (a)(1) based on the National Academy of
Public Administration’s assessment of the Coast Guard
Academy’s relevant practices, policies, and structures,
including an overview of discussions with faculty, staff,
students, and relevant Coast Guard Academy affiliated
organizations;
(B) examine potential changes which could be used
to further enhance such cultural competence by—
(i) modifying institutional practices, policies, and
structures; and
(ii) any other changes deemed appropriate by the
National Academy of Public Administration; and
(C) make recommendations to enhance the cultural
competence of the Coast Guard Academy described in
subparagraph (A), including any specific plans, policies,
milestones, performance measures, or other information
necessary to implement such recommendations.
(c) FINAL ACTION MEMORANDUM.—Not later than 6 months
after submission of the assessment under subsection (b)(1), the
Commandant of the Coast Guard shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate, a final action memorandum in response to all recommendations contained in the assessment. The final action memorandum shall include the rationale for accepting, accepting in part,
or rejecting each recommendation, and shall specify, where
applicable, actions to be taken to implement such recommendations,
including an explanation of how each action enhances the ability
of the Coast Guard to carry out the primary duties of the United
States Coast Guard listed in section 102 of title 14, United States
Code.
(d) PLAN.—
(1) IN GENERAL.—Not later than 6 months after the date
of the submission of the final action memorandum required
under subsection (c), the Commandant, in coordination with
the Chief Human Capital Officer of the Department of Homeland Security, shall submit a plan to carry out the recommendations or the parts of the recommendations accepted in the
final action memorandum to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) STRATEGY WITH MILESTONES.—If any recommendation
or parts of recommendations accepted in the final action memorandum address any of the following actions, then the plan
required in paragraph (1) shall include a strategy with appropriate milestones to carry out such recommendations or parts
of recommendations:
(A) Improve outreach and recruitment of a more
diverse Coast Guard Academy cadet candidate pool based
on race, ethnicity, gender, religion, sexual orientation,
socioeconomic background, and geographic origin.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4683

(B) Modify institutional structures, practices, and policies to foster a more diverse cadet corps body, faculty,
and staff workforce based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and
geographic origin.
(C) Modify existing or establish new policies and safeguards to foster the retention of cadets, faculty, and staff
of different races, ethnicities, genders, religions, sexual orientations, socioeconomic backgrounds, and geographic origins at the Coast Guard Academy.
(D) Restructure the admissions office of the Coast
Guard Academy to be headed by a civilian with significant
relevant higher education recruitment experience.
(3) IMPLEMENTATION.—Unless otherwise directed by an Act
of Congress, the Commandant shall begin implementation of
the plan developed under this subsection not later than 180
days after the submission of such plan to Congress.
(4) UPDATE.—The Commandant shall include in the first
annual report required under chapter 51 of title 14, United
States Code, as amended by this division, submitted after the
date of enactment of this section, the strategy with milestones
required in paragraph (2) and shall report annually thereafter
on actions taken and progress made in the implementation
of such plan.

Deadline.

Reports.

SEC. 8273. ANNUAL REPORT.

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Chapter 51 of title 14, United States Code, is further amended
by adding at the end the following:
‘‘§ 5111. Report on diversity at Coast Guard Academy
‘‘(a) IN GENERAL.—Not later than January 15, 2021, and
annually thereafter, the Commandant shall submit a report on
diversity at the Coast Guard Academy to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
‘‘(b) CONTENTS.—The report required under subsection (a) shall
include—
‘‘(1) the status of the implementation of the plan required
under section 8272 of the Elijah E. Cummings Coast Guard
Authorization Act of 2020;
‘‘(2) specific information on outreach and recruitment activities for the preceding year, including the effectiveness of the
Coast Guard Academy minority outreach team program
described under section 1905 and of outreach and recruitment
activities in the territories and other possessions of the United
States;
‘‘(3) enrollment information about the incoming class,
including the gender, race, ethnicity, religion, socioeconomic
background, and State of residence of Coast Guard Academy
cadets;
‘‘(4) information on class retention, outcomes, and graduation rates, including the race, gender, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard
Academy cadets;

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134 STAT. 4684

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(5) information on efforts to retain diverse cadets,
including through professional development and professional
advancement programs for staff and faculty; and
‘‘(6) a summary of reported allegations of discrimination
on the basis of race, color, national origin, sex, gender, or
religion for the preceding 5 years.’’.

Summary.
Time period.

SEC. 8274. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES.
Contracts.
Deadline.

Study.
Audit.

Analysis.

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Determination.

Recommendations.

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(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration under
which the National Academy of Public Administration shall, not
later than 1 year after submitting an assessment under section
8272(a), submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment
of the Coast Guard Academy admissions process.
(b) ASSESSMENT SCOPE.—The assessment required to be sought
under subsection (a) shall, at a minimum, include—
(1) a study, or an audit if appropriate, of the process
the Coast Guard Academy uses to—
(A) identify candidates for recruitment;
(B) recruit applicants;
(C) assist applicants in the application process;
(D) evaluate applications; and
(E) make admissions decisions;
(2) discussion of the consideration during the admissions
process of diversity, including—
(A) race;
(B) ethnicity;
(C) gender;
(D) religion;
(E) sexual orientation;
(F) socioeconomic background; and
(G) geographic origin;
(3) an overview of the admissions processes at other Federal
service academies, including—
(A) discussion of consideration of diversity, including
any efforts to attract a diverse pool of applicants, in those
processes; and
(B) an analysis of how the congressional nominations
requirement in current law related to military service academies and the Merchant Marine Academy impacts those
processes and the overall demographics of the student
bodies at those academies;
(4) a determination regarding how a congressional nominations requirement for Coast Guard Academy admissions could
impact diversity among the student body and the ability of
the Coast Guard to carry out effectively the Service’s primary
duties described in section 102 of title 14, United States Code;
and
(5) recommendations for improving Coast Guard Academy
admissions processes, including whether a congressional
nominations process should be integrated into such processes.

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134 STAT. 4685

SEC. 8275. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM.

(a) IN GENERAL.—Chapter 19 of title 14, United States Code,
is further amended by inserting after section 1904 (as amended
by this division) the following:
‘‘§ 1905. Coast Guard Academy minority outreach team program
‘‘(a) IN GENERAL.—There is established within the Coast Guard
Academy a minority outreach team program (in this section referred
to as the ‘Program’ ) under which officers, including minority officers
and officers from territories and other possessions of the United
States, who are Academy graduates may volunteer their time to
recruit minority students and strengthen cadet retention through
mentorship of cadets.
‘‘(b) ADMINISTRATION.—Not later than January 1, 2021, the
Commandant, in consultation with Program volunteers and
Academy alumni that participated in prior programs at the
Academy similar to the Program, shall appoint a permanent civilian
position at the Academy to administer the Program by, among
other things—
‘‘(1) overseeing administration of the Program;
‘‘(2) serving as a resource to volunteers and outside stakeholders;
‘‘(3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and
outside stakeholders;
‘‘(4) establishing strategic goals and performance metrics
for the Program with input from active volunteers and Academy
leadership; and
‘‘(5) reporting annually to the Commandant on academic
year and performance outcomes of the goals for the Program
before the end of each academic year.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 19 of title
14, United States Code, is further amended by inserting after
the item relating to section 1904 (as amended by this division)
the following:

14 USC 1905.

Deadline.
Consultation.
Appointment.

Reports.

14 USC 1901
prec.

‘‘1905. Coast Guard Academy minority outreach team program.’’.
SEC. 8276. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING
INITIATIVE.

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(a) IN GENERAL.—Subchapter I of chapter 21 of title 14, United
States Code, is further amended by adding at the end the following:
‘‘§ 2131. College student pre-commissioning initiative
‘‘(a) IN GENERAL.—There is authorized within the Coast Guard
a college student pre-commissioning initiative program (in this section referred to as the ‘Program’ ) for eligible undergraduate students to enlist and receive a guaranteed commission as an officer
in the Coast Guard.
‘‘(b) CRITERIA FOR SELECTION.—To be eligible for the Program
a student must meet the following requirements upon submitting
an application:
‘‘(1) AGE.—A student must be not less than 19 years old
and not more than 27 years old as of September 30 of the
fiscal year in which the Program selection panel selecting such
student convenes.

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134 STAT. 4686

Time period.

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Time period.

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‘‘(2) CHARACTER.—
‘‘(A) ALL APPLICANTS.—All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant.
‘‘(B) COAST GUARD APPLICANTS.—An applicant serving
in the Coast Guard may not be commissioned if in the
36 months prior to the first Officer Candidate School class
convening date in the selection cycle, such applicant was
convicted by a court-martial or awarded nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant.
‘‘(3) CITIZENSHIP.—A student must be a United States citizen.
‘‘(4) CLEARANCE.—A student must be eligible for a secret
clearance.
‘‘(5) DEPENDENCY.—
‘‘(A) IN GENERAL.—A student may not have more than
2 dependents.
‘‘(B) SOLE CUSTODY.—A student who is single may not
have sole or primary custody of dependents.
‘‘(6) EDUCATION.—
‘‘(A) INSTITUTION.—A student must be an undergraduate sophomore or junior—
‘‘(i) at a historically Black college or university
described in section 322(2) of the Higher Education
Act of 1965 (20 U.S.C. 1061(2)) or an institution of
higher education described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a));
or
‘‘(ii) an undergraduate sophomore or junior
enrolled at an institution of higher education (as
defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) that, at the time of application of the sophomore or junior, has had for 3 consecutive years an enrollment of undergraduate full-time
equivalent students (as defined in section 312(e) of
such Act (20 U.S.C. 1058(e))) that is a total of at
least 50 percent Black American, Hispanic, Asian
American (as defined in section 371(c) of such Act
(20 U.S.C. 1067q(c))), Native American Pacific Islander
(as defined in such section), or Native American (as
defined in such section), among other criteria, as determined by the Commandant.
‘‘(B) LOCATION.—The institution at which such student
is an undergraduate must be within 100 miles of a Coast
guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant.
‘‘(C) RECORDS.—A student must meet credit and grade
point average requirements set forth by the Commandant.
‘‘(7) MEDICAL AND ADMINISTRATIVE.—A student must meet
other medical and administrative requirements as set forth
by the Commandant.
‘‘(c) ENLISTMENT AND OBLIGATION.—Individuals selected and
accept to participate in the Program shall enlist in the Coast
Guard in pay grade E–3 with a 4-year duty obligation and 4year inactive Reserve obligation.

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134 STAT. 4687

‘‘(d) MILITARY ACTIVITIES PRIOR TO OFFICER CANDIDATE
SCHOOL.—Individuals enrolled in the Program shall participate in
military activities each month, as required by the Commandant,
prior to attending Officer Candidate School.
‘‘(e) PARTICIPATION IN OFFICER CANDIDATE SCHOOL.—Each
graduate of the Program shall attend the first enrollment of Officer
Candidate School that commences after the date of such graduate’s
graduation.
‘‘(f) COMMISSIONING.—Upon graduation from Officer Candidate
School, Program graduates shall be discharged from enlisted status
and commissioned as an O–1 with an initial 3-year duty obligation.
‘‘(g) BRIEFING.—
‘‘(1) IN GENERAL.—Not later than August 15 of each year,
the Commandant shall provide a briefing to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the Program.
‘‘(2) CONTENTS.—The briefing required under paragraph
(1) shall describe—
‘‘(A) outreach and recruitment efforts over the previous
year; and
‘‘(B) demographic information of enrollees including—
‘‘(i) race;
‘‘(ii) ethnicity;
‘‘(iii) gender;
‘‘(iv) geographic origin; and
‘‘(v) educational institution.’’.
(b) CLERICAL AMENDMENT.—The analysis chapter 21 of title
14, United States Code, is amended by inserting after the item
relating to section 2130 (as added by this division) the following:

Time period.

Deadline.

14 USC 2101
prec.

‘‘2131. College student pre-commissioning initiative.’’.
SEC. 8277. ANNUAL BOARD OF VISITORS.

Section 1903(d) of title 14, United States Code, is amended—
(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
‘‘(2) recruitment and retention, including diversity, inclusion, and issues regarding women specifically;’’.
SEC.

8278.

HOMELAND SECURITY ROTATIONAL CYBERSECURITY
RESEARCH PROGRAM AT COAST GUARD ACADEMY.

(a) IN GENERAL.—Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding
at the end the following:

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‘‘SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.

6 USC 417.

‘‘To enhance the Department’s cybersecurity capacity, the Secretary may establish a rotational research, development, and
training program for—
‘‘(1) detail to the Cybersecurity and Infrastructure Security
Agency (including the national cybersecurity and communications integration center authorized by section 2209) of Coast
Guard Academy graduates and faculty; and
‘‘(2) detail to the Coast Guard Academy, as faculty, of
individuals with expertise and experience in cybersecurity who
are employed by—
‘‘(A) the Agency (including the center);

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134 STAT. 4688

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(B) the Directorate of Science and Technology; or
‘‘(C) institutions that have been designated by the
Department as a Center of Excellence for Cyber Defense,
or the equivalent.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.)
is amended by adding at the end of the items relating to subtitle
E of such Act the following:
‘‘Sec. 846. Rotational cybersecurity research program.’’.

Subtitle F—Other Matters
SEC. 8281. STRATEGY ON LEADERSHIP OF COAST GUARD.
Deadline.

Evaluation.

Procedures.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall develop and make available to the public a strategy to improve leadership development
in the Coast Guard, including mechanisms to address counterproductive leadership in the Coast Guard.
(b) ELEMENTS.—The strategy shall include the following:
(1) Mechanisms to foster positive and productive leadership
qualities in emerging Coast Guard leaders, beginning, at minimum, members at grade O–2 for officers, members at grade
E–6 for enlisted members, and members training to become
an officer in charge.
(2) Mechanisms for the ongoing evaluation of unit commanders, including identification of counterproductive leadership qualities in commanders.
(3) Formal training on the recognition of counterproductive
leadership qualities (in self and others), including at leadership
seminars and school houses in the Coast Guard, including
means to correct such qualities.
(4) Clear and transparent policies on standards for command climate, leadership qualities, and inclusion.
(5) Policy to ensure established and emerging leaders have
access to hands-on training and tools to improve diversity and
inclusion.
(6) Policy and procedures for commanders to identify and
hold accountable counterproductive leaders.
(c) COUNTERPRODUCTIVE LEADERSHIP DEFINED.—In this section,
the term ‘‘counterproductive leadership’’ has the meaning given
that term for purposes of Army Doctrine Publication 6–22.

14 USC 1902
note.

SEC. 8282. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT;
DEPENDENTS OF MEMBERS OF THE COAST GUARD.

Deadline.

Not later than 180 days after the date of the enactment of
this Act, the Commandant shall establish a policy to allow the
transfer of a member of the Coast Guard whose dependent is
the victim of sexual assault perpetrated by a member of the Armed
Forces who is not related to the victim.

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SEC. 8283. ACCESS TO RESOURCES DURING CREOSOTE-RELATED
BUILDING CLOSURES AT COAST GUARD BASE SEATTLE,
WASHINGTON.
Contracts.

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(a) IN GENERAL.—With respect to the creosote-related building
closures at Coast Guard Base Seattle, Washington, the Commandant shall, to the maximum extent practicable, enter into 1

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or more agreements or otherwise take actions to secure access
to resources, including a gym, that are not otherwise available
to members of the Coast Guard during such closures.
(b) BRIEFING.—Not later than 60 days after the date of the
enactment of this Act, the Commandant shall brief Congress with
respect to actions taken by the Commandant to comply with subsection (a).

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SEC. 8284. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT.

(a) REPORT AND ACTION PLAN ON ORCA ENFORCEMENT
OPPORTUNITIES.—Not later than 180 days after the date of the
enactment of this Act, the Commandant, in consultation with the
Under Secretary of Commerce for Oceans and Atmosphere, shall
submit to Congress a report on Coast Guard efforts to enforce
southern resident orca vessel buffer zones and other vessel-related
regulations in Puget Sound in coordination with existing Coast
Guard fisheries enforcement, maritime domain awareness, the Be
Whale Wise campaign, and other related missions. Such report
shall include recommendations on what resources, appropriations,
and assets are needed to meet orca conservation and related fisheries enforcement targets in the 13th Coast Guard District within
1 year of the date of enactment of this Act.
(b) SOUTHERN RESIDENT ORCAS.—The Commandant, in
coordination with the Under Secretary of Commerce for Oceans
and Atmosphere, shall undertake efforts to reduce vessel noise
impacts on Southern resident orcas in Puget Sound, the Salish
Sea, and the Strait of Juan de Fuca.
(c) PROGRAM.—
(1) IN GENERAL.—The Commandant shall—
(A) support the development, implementation, and
enforcement of commercial vessel noise reduction measures
that are technically feasible and economically achievable;
(B) establish procedures for timely communication of
information to commercial vessel operators regarding orca
sightings in Puget Sound and make navigational safety
recommendations in accordance with the Cooperative
Vessel Traffic Service Agreement; and
(C) collaborate on studies or trials analyzing vessel
noise impacts on Southern resident orcas.
(2) VESSEL NOISE IMPACTS.—The Undersecretary of Commerce for Oceans and Atmosphere shall assess vessel noise
impacts on Southern resident orcas in the program area and
make recommendations to reduce that noise and noise related
impacts to Southern resident orcas to the Commandant.
(3) COORDINATION.—In carrying out this section, the Commandant shall coordinate with Canadian agencies affiliated
with the Enhancing Cetacean Habitat and Observation (ECHO)
program and other international organizations as appropriate.
(4) CONSULTATION.—In carrying out this section, the Commandant and the Undersecretary of Commerce for Oceans and
Atmosphere shall consult with State, local, and Tribal governments and maritime industry and conservation stakeholders
including ports, higher education institutions, and nongovernmental organizations.

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Deadline.
Compliance.

Coordination.
Recommendations.
Consultation.

Deadline.

Procedures.

Analysis.
Assessment.

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134 STAT. 4690

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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.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Coast Guard components with investigative authority
should exercise such authority with due respect for the rights
of whistleblowers; and
(2) the Commandant should—
(A) ensure compliance with the legal requirements
intended to protect whistleblowers;
(B) seek to shield the disclosure of the identities of
whistleblowers; and
(C) create an environment in which whistleblowers
do not fear reprisal for reporting misconduct.
(b) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the policy of the
Coast Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard Investigative Service.
(c) ELEMENTS.—The report required by subsection (b) shall
include the following:
(1) A discussion of current and any new policy of the
Coast Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard Investigative Service, including Coast Guard Investigative Service
Criminal Investigation Operating Procedure CIOP 2019–02,
and the differences between such current policies and new
policies.
(2) A plan (including milestones) for the implementation
of the following:
(A) Incorporation of Coast Guard Investigative Service
Criminal Investigation Operating Procedure CIOP 2019–
02 into the next revision of the relevant Coast Guard
investigative manual.
(B) Training on the policy described in paragraph (1)
for the following:
(i) Agents and legal counsel of the Coast Guard
Investigative Service.
(ii) Personnel of the Office of General Law.
(iii) Relevant Coast Guard headquarters personnel.
(iv) Such other Coast Guard personnel as the Commandant considers appropriate.

Plan.

SEC. 8286. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL
OPPORTUNITY ADVISORS AND EQUAL EMPLOYMENT
OPPORTUNITY SPECIALISTS.

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Study.
Recommendations.

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(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the inspector general of the department
in which the Coast Guard is operating shall conduct a study and
develop recommendations on the need to separate Equal Opportunity Advisors and Equal Employment Opportunity Specialists,
as practicable, through the pre-complaint and formal discrimination

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complaint processes, for the complainant, the opposing party, and
the commanding officers and officers in charge.
(b) BRIEFING.—Not later than 30 days after the completion
of the study required by subsection (a), the Commandant shall
brief the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which
the Coast Guard plans to implement the recommendations developed as a result of the study.
SEC. 8287. INSIDER THREAT PROGRAM.

Not later than 180 days after the date of the enactment of
this Act, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
on a plan to expand the Coast Guard Insider Threat Program
to include the monitoring of all Coast Guard devices, including
mobile devices.

Deadline.
Briefing.
Plan.

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.

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

8331.
8332.
8333.
8334.
8335.
8336.

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

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

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
Advisory committees.
Maritime Transportation System National Advisory Committee.
Expired maritime liens.
Great Lakes Pilotage Advisory Committee.
National Commercial Fishing Safety Advisory Committee.
Exemption of commercial fishing vessels operating in Alaskan Region
from Global Maritime Distress and Safety System requirements of Federal Communications Commission.
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.

Subtitle A—Navigation
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SEC. 8301. ELECTRONIC CHARTS; EQUIVALENCY.

(a) REQUIREMENTS.—Section 3105(a)(1) of title 46, United
States Code, is amended to read as follows:

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‘‘(1) ELECTRONIC CHARTS IN LIEU OF
CHARTS, AND MAPS.—Subject to paragraph

MARINE CHARTS,
(2), the following
vessels, while operating on the navigable waters of the United
States, equipped with and operating electronic navigational
charts that are produced by a government hydrographic office
or conform to a standard acceptable to the Secretary, shall
be deemed in compliance with any requirement under title
33 or title 46, Code of Federal Regulations, to have a chart,
marine chart, or map on board such vessel:
‘‘(A) A self-propelled commercial vessel of at least 65
feet in overall length.
‘‘(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
‘‘(C) A towing vessel of more than 26 feet in overall
length and 600 horsepower.
‘‘(D) Any other vessel for which the Secretary decides
that electronic charts are necessary for the safe navigation
of the vessel.’’.
(b) EXEMPTIONS AND WAIVERS.—Section 3105(a)(2) of title 46,
United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘operates; and’’ and
inserting ‘‘operates;’’;
(2) in subparagraph (B), by striking ‘‘those waters.’’ and
inserting ‘‘those waters; and’’; and
(3) by adding at the end the following:
‘‘(C) permit vessels described in subparagraphs (A)
through (D) of paragraph (1) that operate solely landward
of the baseline from which the territorial sea of the United
States is measured to utilize software-based, platform-independent electronic chart systems that the Secretary determines are capable of displaying electronic navigational
charts with necessary scale and detail to ensure safe
navigation for the intended voyage.’’.

SEC. 8302. SUBROGATED CLAIMS.

33 USC 2712
note.

(a) IN GENERAL.—Section 1012(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(b)) is amended—
(1) by striking ‘‘The’’ and inserting the following:
‘‘(1) IN GENERAL.—The’’; and
(2) by adding at the end the following:
‘‘(2) SUBROGATED RIGHTS.—Except for a guarantor claim
pursuant to a defense under section 1016(f)(1), Fund compensation of any claim by an insurer or other indemnifier of a
responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party
to such compensation.’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect 180 days after the date of enactment
of this Act.

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SEC. 8303. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990.

(a) IN GENERAL.—Section 1013 of the Oil Pollution Act of 1990
(33 U.S.C. 2713) is amended by striking subsection (f).
(b) CONFORMING AMENDMENTS.—Section 1012(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended—
(1) in paragraph (4), by adding ‘‘and’’ after the semicolon
at the end;

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(2) in paragraph (5)(D), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking paragraph (6).

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SEC. 8304. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761)
is amended—
(1) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘, technology,’’ after
‘‘research’’;
(B) in paragraph (2)—
(i) by striking ‘‘this subsection’’ and inserting
‘‘paragraph (1)’’; and
(ii) by striking ‘‘which are effective in preventing
or mitigating oil discharges and which’’ and inserting
‘‘and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and
that’’;
(C) in paragraph (3) by striking ‘‘this subsection’’ and
inserting ‘‘paragraph (1)’’ each place it appears;
(D) in subparagraph (A) of paragraph (4)—
(i) by striking ‘‘oil discharges. Such program shall’’
and inserting ‘‘acute and chronic oil discharges on
coastal and marine resources (including impacts on
protected areas such as sanctuaries) and protected species, and such program shall’’;
(ii) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(iii) by inserting after clause (ii) the following:
‘‘(iii) Research to understand and quantify the effects
of sublethal impacts of oil discharge on living natural
marine resources, including impacts on pelagic fish species,
marine mammals, and commercially and recreationally targeted fish and shellfish species.’’; and
(iv) by adding at the end the following:
‘‘(vi) Research to understand the long-term effects of
major oil discharges and the long-term effects of smaller
endemic oil discharges.
‘‘(vii) The identification of potential impacts on ecosystems, habitat, and wildlife from the additional toxicity,
heavy metal concentrations, and increased corrosiveness
of mixed crude, such as diluted bitumen crude.
‘‘(viii) The development of methods to restore and
rehabilitate natural resources and ecosystem functions
damaged by oil discharges.’’;
(E) in paragraph (5) by striking ‘‘this subsection’’ and
inserting ‘‘paragraph (1)’’;
(F) by striking paragraph (7) and inserting the following:
‘‘(7) SIMULATED ENVIRONMENTAL TESTING.—
‘‘(A) IN GENERAL.—Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated
Environmental Test Tank (OHMSETT) Research Center
in New Jersey for oil pollution technology testing and
evaluations.

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(B) OTHER TESTING FACILITIES.—Nothing in subparagraph (A) shall be construed as limiting the ability of
the Interagency Committee to contract or partner with
a facility or facilities other than the Center described in
subparagraph (A) for the purpose of oil pollution technology
testing and evaluations, provided such a facility or facilities
have testing and evaluation capabilities equal to or greater
than those of such Center.
‘‘(C) IN-KIND CONTRIBUTIONS.—
‘‘(i) IN GENERAL.—The Secretary of the department
in which the Coast Guard is operating and the
Administrator of the Environmental Protection Agency
may accept donations of crude oil and crude oil product
samples in the form of in-kind contributions for use
by the Federal Government for product testing,
research and development, and for other purposes as
the Secretary and the Administrator determine appropriate.
‘‘(ii) USE OF DONATED OIL.—Oil accepted under
clause (i) may be used directly by the Secretary and
shall be provided to other Federal agencies or departments through interagency agreements to carry out
the purposes of this Act.’’;
(G) in paragraph (8)—
(i) in subparagraph (A), by striking ‘‘subsection
(b)’’ and inserting ‘‘subsection (d)’’; and
(ii) in subparagraph (D)(iii), by striking ‘‘subsection
(b)(1)(F)’’ and inserting ‘‘subsection (d)’’; and
(H) in paragraph (10)—
(i) by striking ‘‘this subsection’’ and inserting
‘‘paragraph (1)’’;
(ii) by striking ‘‘agencies represented on the Interagency Committee’’ and inserting ‘‘Under Secretary’’;
(iii) by inserting ‘‘, and States and Indian tribes’’
after ‘‘other persons’’; and
(iv) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (d)’’;
(2) in subsection (d), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (d)’’;
(3) in subsection (e), by striking ‘‘Chairman of the Interagency Committee’’ and inserting ‘‘Chair’’;
(4) in subsection (f), by striking ‘‘subsection (c)(8)’’ each
place it appears and inserting ‘‘subsection (e)(8)’’;
(5) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; and
(6) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘Chair’ means the Chairperson of the Interagency Committee designated under subsection (c)(2);
‘‘(2) the term ‘Commandant’ means the Commandant of
the Coast Guard;
‘‘(3) the term ‘institution of higher education’ means an
institution of higher education, as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a));

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134 STAT. 4695

‘‘(4) the term ‘Interagency Committee’ means the Interagency Coordinating Committee on Oil Pollution Research
established under subsection (b);
‘‘(5) the term ‘Under Secretary’ means the Under Secretary
of Commerce for Oceans and Atmosphere; and
‘‘(6) the term ‘Vice Chair’ means the Vice Chairperson
of the Interagency Committee designated under subsection
(c)(3).
‘‘(b) ESTABLISHMENT OF INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION RESEARCH.—
‘‘(1) ESTABLISHMENT.—There is established an Interagency
Coordinating Committee on Oil Pollution Research.
‘‘(2) PURPOSE.—The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal
agencies, in cooperation and coordination with industry, 4-year
institutions of higher education and research institutions, State
governments, and other nations, as appropriate, and shall foster
cost-effective research mechanisms, including the joint funding
of research.
‘‘(c) MEMBERSHIP.—
‘‘(1) COMPOSITION.—The Interagency Committee shall be
composed of—
‘‘(A) at least 1 representative of the Coast Guard;
‘‘(B) at least 1 representative of the National Oceanic
and Atmospheric Administration;
‘‘(C) at least 1 representative of the Environmental
Protection Agency;
‘‘(D) at least 1 representative of the Department of
the Interior;
‘‘(E) at least 1 representative of the Bureau of Safety
and Environmental Enforcement;
‘‘(F) at least 1 representative of the Bureau of Ocean
Energy Management;
‘‘(G) at least 1 representative of the United States
Fish and Wildlife Service;
‘‘(H) at least 1 representative of the Department of
Energy;
‘‘(I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration;
‘‘(J) at least 1 representative of the Federal Emergency
Management Agency;
‘‘(K) at least 1 representative of the Navy;
‘‘(L) at least 1 representative of the Corps of Engineers;
‘‘(M) at least 1 representative of the United States
Arctic Research Commission; and
‘‘(N) at least 1 representative of each of such other
Federal agencies as the President considers to be appropriate.
‘‘(2) CHAIRPERSON.—The Commandant shall designate a
Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A).
‘‘(3) VICE CHAIRPERSON.—The Under Secretary shall designate a Vice Chairperson from among the members of the
Interagency Committee selected under paragraph (1)(B).
‘‘(4) MEETINGS.—

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President.

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Deadline.

Assessment.

Assessment.

Estimates.

Summary.

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Recommendations.
Determination.

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‘‘(A) QUARTERLY MEETINGS.—At a minimum, the members of the Interagency Committee shall meet once each
quarter.
‘‘(B) PUBLIC SUMMARIES.—After each meeting, a summary shall be made available by the Chair or Vice Chair,
as appropriate.
‘‘(d) DUTIES OF THE INTERAGENCY COMMITTEE.—
‘‘(1) RESEARCH.—The Interagency Committee shall—
‘‘(A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration
among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education
and research institutions, States, Indian tribes, and other
countries, as appropriate; and
‘‘(B) foster cost-effective research mechanisms,
including the joint funding of research and the development
of public-private partnerships for the purpose of expanding
research.
‘‘(2) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.—
‘‘(A) IMPLEMENTATION PLAN.—Not later than 180 days
after the date of enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, the Interagency
Committee shall submit to Congress a research plan to
report on the state of oil discharge prevention and response
capabilities that—
‘‘(i) identifies current research programs conducted
by Federal agencies, States, Indian tribes, 4-year
institutions of higher education, and corporate entities;
‘‘(ii) assesses the current status of knowledge on
oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
‘‘(iii) identifies significant oil pollution research
gaps, including an assessment of major technological
deficiencies in responses to past oil discharges;
‘‘(iv) establishes national research priorities and
goals for oil pollution technology development related
to prevention, response, mitigation, and environmental
effects;
‘‘(v) assesses the research on the applicability and
effectiveness of the prevention, response, and mitigation technologies to each class of oil;
‘‘(vi) estimates the resources needed to conduct
the oil pollution research and development program
established pursuant to subsection (e), and timetables
for completing research tasks;
‘‘(vii) summarizes research on response equipment
in varying environmental conditions, such as in currents, ice cover, and ice floes; and
‘‘(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.
‘‘(B) ADVICE AND GUIDANCE.—
‘‘(i) NATIONAL ACADEMY OF SCIENCES CONTRACT.—
The Chair, through the department in which the Coast
Guard is operating, shall contract with the National
Academy of Sciences to—

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‘‘(I) provide advice and guidance in the
preparation and development of the research plan;
‘‘(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the
conclusions of such assessment; and
‘‘(III) provide organization guidance regarding
the implementation of the research plan, including
delegation of topics and research among Federal
agencies represented on the Interagency Committee.
‘‘(ii) NIST ADVICE AND GUIDANCE.—The National
Institute of Standards and Technology shall provide
the Interagency Committee with advice and guidance
on issues relating to quality assurance and standards
measurements relating to its activities under this section.
‘‘(C) 10-YEAR UPDATES.—Not later than 10 years after
the date of enactment of the Elijah E. Cummings Coast
Guard Authorization Act of 2020, and every 10 years thereafter, the Interagency Committee shall submit to Congress
a research plan that updates the information contained
in the previous research plan submitted under this subsection.’’.

Assessment.

Deadline.
Time period.

Subtitle B—Shipping
SEC. 8311. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS; APPLICATION.

Section 3507(k)(1) of title 46, United States Code, is amended—
(1) in subparagraph (B), by adding ‘‘and’’ after the semicolon at the end;
(2) in subparagraph (C), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking subparagraph (D).
SEC. 8312. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.

Section 12121 of title 46, United States Code, is amended—
(1) in subsection (a)(1), by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) was built in the United States;
‘‘(B) was not built in the United States and is at
least 3 years old; or
‘‘(C) if rebuilt, was rebuilt—
‘‘(i) in the United States; or
‘‘(ii) outside the United States at least 3 years
before the certificate requested under subsection (b)
would take effect.’’; and
(2) in subsection (b), by inserting ‘‘12132,’’ after ‘‘12113,’’.

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SEC. 8313. NON-OPERATING INDIVIDUAL.

(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall not enforce section 8701 of
title 46, United States Code, with respect to the following:
(1) A vessel with respect to individuals, other than crew
members required by the Certificate of Inspection or to ensure
the safe navigation of the vessel and not a member of the

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note.

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Recommendations.

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steward’s department, engaged on board for the sole purpose
of carrying out spill response activities, salvage, marine firefighting, or commercial diving business or functions from or
on any vessel, including marine firefighters, spill response personnel, salvage personnel, and commercial divers and diving
support personnel.
(2) An offshore supply vessel, an industrial vessel (as such
term is defined in section 90.10–16 of title 46, Code of Federal
Regulations), or other similarly engaged vessel with respect
to persons engaged in the business of the ship on board the
vessel—
(A) for—
(i) supporting or executing the industrial business
or function of the vessel;
(ii) brief periods to conduct surveys or investigations, assess crew competence, conduct vessel trials,
provide extraordinary security resources, or similar
tasks not traditionally performed by the vessel crew;
or
(iii) performing maintenance tasks on equipment
under warranty, or on equipment not owned by the
vessel owner, or maintenance beyond the capability
of the vessel crew to perform; and
(B) not the master or crew members required by the
certificate of inspection and not a member of the steward’s
department.
(b) SUNSET.—The prohibition in subsection (a) shall terminate
on the date that is 2 years after the date of the enactment of
this Act.
(c) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing
recommendations to ensure that personnel working on a vessel
who perform work or operate equipment on such vessel not
related to the operation of the vessel itself undergo a background check and the appropriate training necessary to ensure
personnel safety and the safety of the vessel’s crew.
(2) CONTENTS.—The report required under paragraph (1)
shall include, at a minimum, a discussion of—
(A) options and recommendations for ensuring that
the individuals covered by subsection (a) are appropriately
screened to mitigate security and safety risks, including
to detect substance abuse;
(B) communication and collaboration between the
Coast Guard, the department in which the Coast Guard
is operating, and relevant stakeholders regarding the
development of processes and requirements for conducting
background checks and ensuring such individuals receive
basic safety familiarization and basic safety training
approved by the Coast Guard;
(C) any identified legislative changes necessary to
implement effective training and screening requirements
for individuals covered by subsection (a); and

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(D) the timeline and milestones for implementing such
requirements.

Timeline.

SEC. 8314. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY
PERSONNEL.

Chapter 701 of title 46, United States Code, is amended—
(1) in section 70107—
(A) in subsection (a), by striking ‘‘law enforcement
personnel’’ and inserting ‘‘public safety personnel’’;
(B) in subsection (b)(8), by striking ‘‘law enforcement
personnel—’’ and inserting ‘‘public safety personnel—’’; and
(C) in subsection (c)(2)(C), by striking ‘‘law enforcement
agency personnel’’ and inserting ‘‘public safety personnel’’;
and
(2) in section 70132—
(A) in subsection (a), by striking ‘‘law enforcement
personnel—’’ and inserting ‘‘public safety personnel—’’;
(B) in subsection (b), by striking ‘‘law enforcement
personnel’’ each place it appears and inserting ‘‘public
safety personnel’’; and
(C) by adding at the end the following:
‘‘(d) PUBLIC SAFETY PERSONNEL DEFINED.—For the purposes
of this section, the term ‘public safety personnel’ includes any
Federal, State (or political subdivision thereof), territorial, or Tribal
law enforcement officer, firefighter, or emergency response provider.’’.
SEC. 8315. MARITIME TRANSPORTATION ASSESSMENT.

Section 55501(e) of title 46, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘an assessment of the
condition’’ and inserting ‘‘a conditions and performance analysis’’;
(2) in paragraph (4), by striking ‘‘; and’’ and inserting
a semicolon;
(3) in paragraph (5), by striking the period and inserting
‘‘; and’’; and
(4) by adding at the end the following:
‘‘(6) a compendium of the Federal programs engaged in
the maritime transportation system.’’.

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SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.

(a) IN GENERAL.—Section 4312 of title 46, United States Code,
is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
‘‘(b) USE REQUIREMENT.—
‘‘(1) IN GENERAL.—An individual operating a covered recreational vessel shall use an engine cut-off switch link while
operating on plane or above displacement speed.
‘‘(2) EXCEPTIONS.—The requirement under paragraph (1)
shall not apply if—
‘‘(A) the main helm of the covered vessel is installed
within an enclosed cabin; or
‘‘(B) the vessel does not have an engine cut-off switch
and is not required to have one under subsection (a).’’.
(b) CIVIL PENALTY.—Section 4311 of title 46, United States
Code, is amended by—

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Determination.
46 USC 4311
note.

Alaska.

Consultation.

PUBLIC LAW 116–283—JAN. 1, 2021

(1) redesignating subsections (c), (d), (e), (f), and (g) as
subsections (d), (e), (f), (g), and (h), respectively; and
(2) inserting after subsection (b) the following:
‘‘(c) A person violating section 4312(b) of this title is liable
to the United States Government for a civil penalty of not more
than—
‘‘(1) $100 for the first offense;
‘‘(2) $250 for the second offense; and
‘‘(3) $500 for any subsequent offense.’’.
(c) EFFECTIVE DATE.—The amendments made in subsections
(a) and (b) shall take effect 90 days after the date of the enactment
of this section, unless the Commandant, prior to the date that
is 90 days after the date of the enactment of this section, determines
that the use requirement enacted in subsection (a) would not promote recreational boating safety.
SEC. 8317. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED
UNINSPECTED PASSENGER VESSEL REQUIREMENTS.

Section 8905 of title 46, United States Code, is amended by
adding at the end the following:
‘‘(c) After consultation with the Governor of Alaska and the
State boating law administrator of Alaska, the Secretary may
exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title,
if—
‘‘(1) the individual only operates such vessel wholly within
waters located in Alaska; and
‘‘(2) such vessel is—
‘‘(A) 26 feet or less in length; and
‘‘(B) carrying not more than 6 passengers.’’.
SEC. 8318. EXEMPTIONS AND EQUIVALENTS.

46 USC 4301
prec.

(a) IN GENERAL.—Section 4305 of title 46, United States Code,
is amended—
(1) by striking the heading and inserting the following:
‘‘§ 4305. Exemptions and equivalents’’;
(2) by striking ‘‘If the Secretary’’ and inserting the following:
‘‘(a) EXEMPTIONS.—If the Secretary’’; and
(3) by adding at the end the following:
‘‘(b) EQUIVALENTS.—The Secretary may accept a substitution
for associated equipment performance or other safety standards
for a recreational vessel if the substitution provides an equivalent
level of safety.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 43 of title
46, United States Code, is amended by striking the item relating
to section 4305 and inserting the following:
‘‘4305. Exemptions and equivalents.’’.
SEC. 8319. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.

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Deadline.
Briefing.
Time periods.

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Not later than 60 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a briefing on the Coast Guard’s implementation of
section 7106 of title 46, United States Code—

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(1) an overview of the manner in which the Coast Guard
manages and processes renewal applications under such section, including communication with the applicant regarding
application status;
(2) the number of applications received and approved over
the previous 2 years, or in the event applications were denied,
a summary detailing the reasons for such denial;
(3) an accounting of renewal applications filed up to 8
months in advance of the expiration of a pre-existing license,
including the processing of such applications and communication with the applicant regarding application status or any
other extenuating circumstances; and
(4) any other regulatory or statutory changes that would
be necessary to further improve the Coast Guard’s issuance
of credentials to fully qualified mariners in the most effective
and efficient manner possible in order to ensure a safe, secure,
economically and environmentally sound marine transportation
system.

Summary.

SEC. 8320. CERTIFICATE EXTENSIONS.

(a) IN GENERAL.—Subchapter I of chapter 121 of title 46, United
States Code, is amended by adding at the end the following:
‘‘§ 12108. Authority to extend duration of vessel certificates
‘‘(a) CERTIFICATES.—Provided a vessel is in compliance with
inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Secretary
makes the determination described in subsection (b), extend, for
a period of not more than 1 year, an expiring certificate of documentation issued for a vessel under chapter 121.
‘‘(b) DETERMINATION.—The determination referred to in subsection (a) is a determination that such extension is required to
enable the Coast Guard to—
‘‘(1) eliminate a backlog in processing applications for such
certificates; or
‘‘(2) act in response to a national emergency or natural
disaster.
‘‘(c) MANNER OF EXTENSION.—Any extension granted under this
section may be granted to individual vessels or to a specifically
identified group of vessels.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 121 of title 46, United States Code, is amended by adding
at the end the following:

46 USC 12108.
Determination.
Time period.

46 USC 1201
prec.

‘‘12108. Authority to extend duration of vessel certificates.’’.

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SEC. 8321. VESSEL SAFETY STANDARDS.

(a) FISHING SAFETY TRAINING GRANTS PROGRAM.—Subsection
(i) of section 4502 of title 46, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘50 percent’’ and inserting
‘‘75 percent’’; and
(2) in paragraph (4), by striking ‘‘2019’’ and inserting
‘‘2021’’.
(b) FISHING SAFETY RESEARCH GRANT PROGRAM.—Subsection
(j) of such section is amended—
(1) in paragraph (3), by striking ‘‘50 percent’’ and inserting
‘‘75 percent’’; and
(2) in paragraph (4), by striking ‘‘2019’’ and inserting
‘‘2021’’.

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134 STAT. 4702
Applicability.
46 USC 4502
note.

PUBLIC LAW 116–283—JAN. 1, 2021

(c) FISHING SAFETY GRANTS.—The cap on the Federal share
of the cost of any activity carried out with a grant under subsections
(i) and (j) of section 4502 of title 46, United States Code, as in
effect prior to the date of enactment of the Frank LoBiondo Coast
Guard Authorization Act of 2018, shall apply to any funds appropriated under the Consolidated Appropriations Act, 2017 (Public
Law 115–31) for the purpose of making such grants.
SEC. 8322. MEDICAL STANDARDS.

(a) IN GENERAL.—Chapter 35 of title 46, United States Code,
is amended by adding at the end the following:
46 USC 3509.
Applicability.

46 USC 3501
prec.

‘‘§ 3509. Medical standards
‘‘The owner of a vessel to which section 3507 applies shall
ensure that—
‘‘(1) a physician is always present and available to treat
any passengers who may be on board the vessel in the event
of an emergency situation;
‘‘(2) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians; and
‘‘(3) the initial safety briefing given to the passengers on
board the vessel includes—
‘‘(A) the location of the vessel’s medical facilities; and
‘‘(B) the appropriate steps passengers should follow
during a medical emergency.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title
46, United States Code, is amended by adding at the end the
following:
‘‘3509. Medical standards.’’.

Subtitle C—Advisory Committees
SEC. 8331. ADVISORY COMMITTEES.

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(a) NATIONAL OFFSHORE SAFETY
RESENTATION.—Section 15106(c)(3) of

ADVISORY COMMITTEE; REPtitle 46, United States Code,

is amended—
(1) in subparagraph (C), by striking ‘‘mineral and oil operations, including geophysical services’’ and inserting ‘‘operations’’;
(2) in subparagraph (D), by striking ‘‘exploration and
recovery’’;
(3) in subparagraph (E), by striking ‘‘engaged in diving
services related to offshore construction, inspection, and maintenance’’ and inserting ‘‘providing diving services to the offshore
industry’’;
(4) in subparagraph (F), by striking ‘‘engaged in safety
and training services related to offshore exploration and
construction’’ and inserting ‘‘providing safety and training services to the offshore industry’’;
(5) in subparagraph (G), by striking ‘‘engaged in pipelaying
services related to offshore construction’’ and inserting ‘‘providing subsea engineering, construction, or remotely operated
vehicle support to the offshore industry’’;
(6) in subparagraph (H), by striking ‘‘mineral and energy’’;

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4703

(7) in subparagraph (I), by inserting ‘‘and entities providing
environmental protection, compliance, or response services to
the offshore industry’’ after ‘‘national environmental entities’’;
and
(8) in subparagraph (J), by striking ‘‘deepwater ports’’ and
inserting ‘‘entities engaged in offshore oil exploration and
production on the Outer Continental Shelf adjacent to Alaska’’.
(b) TECHNICAL CORRECTIONS.—Section 15109 of title 46, United
States Code, is amended by inserting ‘‘or to which this chapter
applies’’ after ‘‘committee established under this chapter’’ each place
it appears.
SEC. 8332. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY
COMMITTEE.

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(a) MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY
COMMITTEE.—Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
‘‘§ 55502. Maritime Transportation System National Advisory
Committee
‘‘(a) ESTABLISHMENT.—There is established a Maritime
Transportation System National Advisory Committee (in this section referred to as the ‘Committee’).
‘‘(b) FUNCTION.—The Committee shall advise the Secretary of
Transportation on matters relating to the United States maritime
transportation system and its seamless integration with other segments of the transportation system, including the viability of the
United States Merchant Marine.
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Committee shall consist of 27 members appointed by the Secretary of Transportation in accordance
with this section and section 15109.
‘‘(2) EXPERTISE.—Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
‘‘(3) REPRESENTATION.—Members of the Committee shall
be appointed as follows:
‘‘(A) At least one member shall represent the Environmental Protection Agency.
‘‘(B) At least one member shall represent the Department of Commerce.
‘‘(C) At least one member shall represent the Corps
of Engineers.
‘‘(D) At least one member shall represent the Coast
Guard.
‘‘(E) At least one member shall represent Customs
and Border Protection.
‘‘(F) At least one member shall represent State and
local governmental entities.
‘‘(G) Additional members shall represent private sector
entities that reflect a cross-section of maritime industries,
including port and water stakeholders, academia, and
labor.
‘‘(H) The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers
appropriate.

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134 STAT. 4704

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(4) RESTRICTIONS ON MEMBERS REPRESENTING FEDERAL
AGENCIES.—Members of the Committee that represent Federal

46 USC 55502
note.
Time period.

46 USC 55501
prec.

agencies shall not—
‘‘(A) comprise more than one-third of the total membership of the Committee or of any subcommittee therein;
or
‘‘(B) serve as the chair or co-chair of the Committee
or of any subcommittee therein.
‘‘(5) ADMINISTRATION.—For purposes of section 15109—
‘‘(A) the Committee shall be treated as a committee
established under chapter 151; and
‘‘(B) the Secretary of Transportation shall fulfill all
duties and responsibilities and have all authorities of the
Secretary of Homeland Security with regard to the Committee.’’.
(b) TREATMENT OF EXISTING COMMITTEE.—Notwithstanding any
other provision of law—
(1) an advisory committee substantially similar to the Committee established by section 55502 of title 46, United States
Code, and that was in force or in effect on the day before
the date of the enactment of this Act, including the charter,
membership, and other aspects of such advisory committee,
may remain in force or in effect for the 2-year period beginning
on the date of the enactment of this section; and
(2) during such 2-year period—
(A) requirements relating the Maritime Transportation
System National Advisory Committee established by such
section shall be treated as satisfied by such substantially
similar advisory committee; and
(B) the enactment of this section shall not be the
basis—
(i) to deem, find, or declare such committee,
including the charter, membership, and other aspects
thereof, void, not in force, or not in effect;
(ii) to suspend the activities of such committee;
or
(iii) to bar the members of such committee from
a meeting.
(c) CLERICAL AMENDMENT.—The analysis for chapter 555 of
title 46, United States Code, is amended by adding at the end
the following:
‘‘55502. Maritime Transportation System National Advisory Committee.’’.

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46 USC 55601
prec., 55603.
46 USC 55601
prec.

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(d) MARINE HIGHWAYS.—
(1) REPEAL.—Section 55603 of title 46, United States Code,
and the item relating to that section in the analysis for chapter
556 of that title, are repealed.
(2) MARINE HIGHWAYS PROGRAM.—The chapter heading of
chapter 556 of title 46, United States Code, is amended to
read ‘‘MARINE HIGHWAYS’’.
(3) MARINE HIGHWAYS.—Section 55601 of title 46, United
States Code, is amended—
(A) in the section heading by striking ‘‘Short sea’’
and inserting ‘‘Marine highways’’;
(B) by striking ‘‘short sea’’ and inserting ‘‘marine highway’’ each place such term appears;
(C) in subsection (a)—

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134 STAT. 4705

(i) by striking ‘‘transportation program’’ and
inserting ‘‘transportation program to be known as the
‘America’s Marine highway program’ ’’; and
(ii) by striking ‘‘mitigate landside congestion or
to promote short sea transportation’’ and insert ‘‘provide a coordinated and capable alternative to landside
transportation or to promote marine highway transportation’’; and
(D) in subsection (b)—
(i) in the subsection heading by striking ‘‘SHORT
SEA TRANSPORTATION’’ and inserting ‘‘MARINE HIGHWAY TRANSPORTATION’’; and
(ii) by striking paragraph (1) and inserting the
following:
‘‘(1) vessels documented under chapter 121 of this title;’’.
(4) CARGO AND SHIPPERS; INTERAGENCY COORDINATION AND
RESEARCH.—Sections 55602 and 55604 of title 46, United States
Code, are amended by striking ‘‘short sea’’ and inserting
‘‘marine highway’’ each place such term appears.
(5) RESEARCH ON MARINE HIGHWAYS TRANSPORTATION.—
Section 55604 of title 46, United States Code, is amended
in the section heading by striking ‘‘short sea’’ and inserting
‘‘marine highway’’
(6) DEFINITION.—Section 55605 of title 46, United States
Code, is amended—
(A) in the section heading by striking ‘‘Short sea’’
and inserting ‘‘Marine highway’’; and
(B) by striking ‘‘short sea transportation’’ and inserting
‘‘marine highway transportation’’.
(7) CLERICAL AMENDMENTS.—The analysis for chapter 556
of title 46, United States Code, is amended—
(A) by striking the item related to chapter 556 and
inserting the following:

46 USC 55601
prec.

‘‘CHAPTER 556—MARINE HIGHWAYS’’;

(B) by striking the item related to section 55601 and
inserting the following:
‘‘55601. Marine highways transportation program.’’;

(C) by striking the item related to section 55604 and
inserting the following:
‘‘55604. Research on marine highway transportation.’’; and

(D) by striking the item related to section 55605 and
inserting the following:
‘‘55605. Marine highway transportation defined.’’.
SEC. 8333. EXPIRED MARITIME LIENS.

Section 31343(e) of title 46, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘A notice’’; and
(2) by inserting after paragraph (1), as so designated by
this section, the following:
‘‘(2) On expiration of a notice of claim of lien under paragraph
(1), and after a request by the vessel owner, the Secretary shall
annotate the abstract of title to reflect the expiration of the lien.’’.
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SEC. 8334. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

(a) IN GENERAL.—Section 9307 of title 46, United States Code,
is amended—
(1) in subsection (b)—

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134 STAT. 4706

PUBLIC LAW 116–283—JAN. 1, 2021

(A) in paragraph (1), by striking ‘‘seven’’ and inserting
‘‘8’’; and
(B) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘representing
the interests of’’ and inserting ‘‘chosen from among
nominations made by’’;
(ii) in subparagraph (C), by striking ‘‘representing
the interests of Great Lakes ports’’ and inserting
‘‘chosen from among nominations made by Great Lakes
port authorities and marine terminals’’;
(iii) in subparagraph (D)—
(I) by striking ‘‘representing the interests of’’
and inserting ‘‘chosen from among nominations
made by’’; and
(II) by striking ‘‘; and’’ and inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph (F);
(v) by inserting after subparagraph (D) the following:
‘‘(E) one member chosen from among nominations made
by Great Lakes maritime labor organizations; and’’; and
(vi) in subparagraph (F), as so redesignated, by
striking ‘‘with a background in finance or accounting,’’;
and
(2) in subsection (f)(1), by striking ‘‘2020’’ and inserting
‘‘2030’’.
(b) COMMITTEE DEEMED NOT EXPIRED.—Notwithstanding section 9307(f)(1) of title 46, United States Code, in any case in
which the date of enactment of this Act occurs after September
30, 2020, the Great Lakes Pilotage Advisory Committee in existence
as of September 30, 2020, shall be deemed not expired during
the period beginning on September 30, 2020 through the date
of enactment of this Act. Accordingly, the committee membership,
charter, and the activities of such Committee shall continue as
though such Committee had not expired.

Time period.
46 USC 9307
note.

SEC. 8335. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.

(a) NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.—

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(1) AMENDMENTS TO SECTION 15102.—Section 15102 of title
46, United States Code, is amended—
(A) in subsection (b)—
(i) in paragraph (1)—
(I) by inserting ‘‘and provide recommendations
in writing to’’ after ‘‘advise’’; and
(II) in subparagraph (E), by striking ‘‘and’’
after the semicolon; and
(ii) in paragraph (2)—
(I) by striking the period and inserting ‘‘; and’’;
and
(II) by adding at the end the following:
‘‘(3) review marine casualties and investigations of vessels
covered by chapter 45 of this title and make recommendations
to the Secretary to improve safety and reduce vessel casualties.’’; and

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134 STAT. 4707

(B) by adding at the end the following:
‘‘(d) QUORUM.—A quorum of 10 members is required to send
any written recommendations from the Committee to the Secretary.
‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall preclude
the Secretary from taking emergency action to ensure safety and
preservation of life at sea.’’.
(2) AMENDMENTS TO SECTION 15109.—Section 15109 of title
46, United States Code, is amended—
(A) in subsection (a)—
(i) by striking ‘‘Each’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
each’’; and
(ii) by adding at the end the following:
‘‘(2) MINIMUM REQUIREMENTS.—The committee established
under section 15102, shall—
‘‘(A) meet in-person, not less frequently than twice
each year, at the call of the Secretary of a majority of
the members of the committee;
‘‘(B) hold additional meetings as necessary;
‘‘(C) post the minutes of each meeting of the committee
on a publicly available website not later than 2 weeks
after the date on which a meeting concludes; and
‘‘(D) provide reasonable public notice of any meeting
of the committee, and publish such notice in the Federal
Register and on a publicly available website.’’;
(B) in subsection (f)(8)—
(i) by striking ‘‘Notwithstanding’’ and inserting the
following:
‘‘(A) REAPPOINTMENT.—Notwithstanding’’; and
(ii) by adding at the end the following:
‘‘(B) LIMITATION.—With respect to the committee established under section 15102, members may serve not more
than 3 terms.’’;
(C) in subsection (j)(3)—
(i) in subparagraph (B), by striking ‘‘and’’;
(ii) in subparagraph (C), by striking the period
and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(D) make all responses required by subparagraph (C)
which are related to recommendations made by the committee established under section 15102 available to the
public not later than 30 days after the date of response.’’;
(D) by amending subsection (k) to read as follows:
‘‘(k) OBSERVERS.—
‘‘(1) IN GENERAL.—Any Federal agency with matters under
such agency’s administrative jurisdiction related to the function
of a committee established under this chapter may designate
a representative to—
‘‘(A) attend any meeting of such committee; and
‘‘(B) participate as an observer at meetings of such
committee that relate to such a matter.
‘‘(2) NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.—With respect to the committee established under section 15102, the Commandant of the Coast Guard shall designate
a representative under paragraph (1).’’;
(E) in subsection (l), by striking ‘‘2027’’ and inserting
‘‘2029’’;

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Public
information.
Web posting.
Deadline.

Public
information.
Deadline.

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134 STAT. 4708

PUBLIC LAW 116–283—JAN. 1, 2021

(F) by redesignating subsection (l) as subsection (m);
(G) by inserting after subsection (k) the following:
‘‘(l) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall provide technical
assistance to the Committee if requested by the Chairman.
‘‘(2) COMMITTEE CONSULTATION.—With respect to the committee established under section 15102, the Chairman of the
committee shall seek expertise from the fishing industry,
marine safety experts, the shipbuilding industry, and others
as the committee determines appropriate.’’; and
(H) by adding at the end the following:
‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall preclude
the Secretary from taking emergency action to ensure safety and
preservation of life at sea.’’.
47 USC 352 note.

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Consultation.

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SEC. 8336. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN ALASKAN REGION FROM GLOBAL MARITIME
DISTRESS AND SAFETY SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION.

(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Secretary’’ means the Secretary of the department in which the Coast
Guard is operating.
(b) EXEMPTION.—Subject to subsection (c), the Federal Communications Commission shall exempt fishing vessels that primarily
operate in the Alaskan Region, including fishing vessels that transit
from States in the Pacific Northwest to conduct fishing operations
in the Alaskan Region, from the requirements relating to carriage
of VHF–DSC and MF–DSC equipment under subpart W of part
80 of title 47, Code of Federal Regulations, or any successor regulation.
(c) FUNCTIONAL REQUIREMENTS.—A fishing vessel exempted
under subsection (b) shall—
(1) be capable of transmitting ship-to-shore distress alerts
using not fewer than 2 separate and independent systems,
each using a different radio communication service;
(2) be equipped with—
(A) a VHF radiotelephone installation;
(B) an MF or HF radiotelephone installation;
(C) a Category 1, 406.0–406.1 MHz EPIRB meeting
the requirements of section 80.1061 of title 47, Code of
Federal Regulations, or any successor regulation;
(D) a NAVTEX receiver meeting the requirements of
section 80.1101(c)(1) of title 47, Code of Federal Regulations, or any successor regulation;
(E) survival craft equipment meeting the requirements
of section 80.1095 of title 47, Code of Federal Regulations,
or any successor regulation; and
(F) a Search and Rescue Transponder meeting the
requirements of section 80.1101(c)(6) of title 47, Code of
Federal Regulations, or any successor regulation;
(3) maintain a continuous watch on VHF Channel 16; and
(4) as an alternative to the equipment listed in subparagraphs (A) through (F) of paragraph (2), carry equipment found
by the Federal Communications Commission, in consultation
with the Secretary, to be equivalent or superior with respect
to ensuring the safety of the vessel.

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(d) DEFINITION OF ALASKAN REGION.—Not later than 30 days
after the date of enactment of this Act, the Secretary shall define
the term ‘‘Alaskan Region’’ for purposes of this section. The Secretary shall include in the definition of such term the area of
responsibility of Coast Guard District 17.

Deadline.

Subtitle D—Ports
SEC. 8341. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

Section 70116 of title 46, United States Code, is amended—
(1) in subsection (a), by inserting ‘‘, cyber incidents,
transnational organized crime, and foreign state threats’’ after
‘‘an act of terrorism’’;
(2) in subsection (b)—
(A) in paragraphs (1) and (2), by inserting ‘‘cyber
incidents, transnational organized crime, and foreign state
threats’’ after ‘‘terrorism’’ each place it appears; and
(B) in paragraph (3)—
(i) by striking ‘‘armed’’ and inserting ‘‘, armed (as
needed),’’; and
(ii) by striking ‘‘terrorism or transportation security incidents,’’ and inserting ‘‘terrorism, cyber
incidents, transnational organized crime, foreign state
threats, or transportation security incidents,’’; and
(3) in subsection (c)—
(A) by striking ‘‘70034,’’ and inserting ‘‘70033,’’; and
(B) by adding at the end the following new sentence:
‘‘When preventing or responding to acts of terrorism, cyber
incidents, transnational organized crime, or foreign state
threats, the Secretary may carry out this section without
regard to chapters 5 and 6 of title 5 or Executive Order
Nos. 12866 and 13563.’’.
SEC. 8342. AIMING LASER POINTER AT VESSEL.

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(a) IN GENERAL.—Subchapter II of chapter 700 of title 46,
United States Code, is amended by adding at the end the following:
‘‘§ 70014. Aiming laser pointer at vessel
‘‘(a) PROHIBITION.—It shall be unlawful to cause the beam of
a laser pointer to strike a vessel operating on the navigable waters
of the United States.
‘‘(b) EXCEPTIONS.—This section shall not apply to a member
or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of
research, development, operations, testing, or training.
‘‘(c) LASER POINTER DEFINED.—In this section the term ‘laser
pointer’ means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam
designed to be used by the operator as a pointer or highlighter
to indicate, mark, or identify a specific position, place, item, or
object.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter II of
chapter 700 of title 46, United States Code, is amended by adding
at the end the following:

46 USC 70014.

46 USC 70001
prec.

‘‘70014. Aiming laser pointer at vessel.’’.

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46 USC 70034
note.
Time period.

Deadline.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 8343. SAFETY OF SPECIAL ACTIVITIES.

(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall conduct a 2-year pilot program
to establish and implement a process to—
(1) establish safety zones to address special activities in
the exclusive economic zone;
(2) account for the number of safety zones established
for special activities;
(3) differentiate whether an applicant who requests a safety
zone for such activities is—
(A) an individual;
(B) an organization; or
(C) a government entity; and
(4) account for Coast Guard resources utilized to enforce
safety zones established for special activities, including—
(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and
(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required.
(b) BRIEFING.—Not later than 180 days after the expiration
of the 2-year pilot program, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding—
(1) the process required under subsection (a); and
(2) whether the authority to establish safety zones to
address special activities in the exclusive economic zone should
be extended or made permanent in the interest of safety.
(c) DEFINITIONS.—In this section:
(1) SAFETY ZONE.—The term ‘‘safety zone’’ has the meaning
given such term in section 165.20 of title 33, Code of Federal
Regulations.
(2) SPECIAL ACTIVITIES.—The term ‘‘special activities’’
includes—
(A) space activities, including launch and reentry, as
such terms are defined in section 50902 of title 51, United
States Code, carried out by United States citizens; and
(B) offshore energy development activities, as described
in section 8(p)(1)(C) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform.
(3) UNITED STATES CITIZEN.—The term ‘‘United States citizen’’ has the meaning given the term ‘‘eligible owners’’ in
section 12103 of title 46, United States Code.
(4) FIXED PLATFORM.—The term ‘‘fixed platform’’ means
an artificial island, installation, or structure permanently
attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.

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SEC. 8344. SECURITY PLANS; REVIEWS.

Section 70103 of title 46, United States Code, is amended—
(1) by amending subsection (b)(3) to read as follows:
‘‘(3) The Secretary shall review and approve Area Maritime
Transportation Security Plans and updates under this subsection.’’; and
(2) in subsection (c)(4), by inserting ‘‘or update’’ after ‘‘plan’’
each place it appears.

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134 STAT. 4711

SEC. 8345. VESSEL TRAFFIC SERVICE.

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Section 70001 of title 46, United States Code, is amended
to read as follows:
‘‘§ 70001. Vessel traffic services
‘‘(a) IN GENERAL.—Subject to the requirements of section 70004,
the Secretary—
‘‘(1) in any port or place under the jurisdiction of the
United States, in the navigable waters of the United States,
or in any area covered by an international agreement negotiated
pursuant to section 70005, may construct, operate, maintain,
improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting
navigation and the marine environment and that may include
one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
‘‘(2) shall require appropriate vessels that operate in an
area of a vessel traffic service to utilize or comply with that
service;
‘‘(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative
motion analyzer equipment, or any electronic or other device
necessary to comply with a vessel traffic service or that is
necessary in the interests of vessel safety, except that the
Secretary shall not require fishing vessels under 300 gross
tons as measured under section 14502, or an alternate tonnage
measured under section 14302 as prescribed by the Secretary
under section 14104, or recreational vessels 65 feet or less
to possess or use the equipment or devices required by this
subsection solely under the authority of this chapter;
‘‘(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines
to be hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other hazardous circumstances, by—
‘‘(A) specifying times of entry, movement, or departure;
‘‘(B) establishing vessel traffic routing schemes;
‘‘(C) establishing vessel size, speed, or draft limitations
and vessel operating conditions; and
‘‘(D) restricting operation, in any hazardous area or
under hazardous conditions, to vessels that have particular
operating characteristics or capabilities that the Secretary
considers necessary for safe operation under the circumstances;
‘‘(5) may require the receipt of prearrival messages from
any vessel, destined for a port or place subject to the jurisdiction
of the United States, in sufficient time to permit advance vessel
traffic planning before port entry, which shall include any
information that is not already a matter of record and that
the Secretary determines necessary for the control of the vessel
and the safety of the port or the marine environment; and
‘‘(6) may prohibit the use on vessels of electronic or other
devices that interfere with communication and navigation
equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime
services by the Federal Communications Commission and used

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Requirements.

Determination.

Determination.

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Federal Register,
publication.
Deadline.

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within the frequency bands 157.1875–157.4375 MHz and
161.7875–162.0375 MHz.
‘‘(b) NATIONAL POLICY.—
‘‘(1) ESTABLISHMENT AND UPDATE OF NATIONAL POLICY.—
‘‘(A) ESTABLISHMENT OF POLICY.—Not later than one
year after the date of enactment of this section, the Secretary shall establish a national policy which is inclusive
of local variances permitted under subsection (c), to be
applied to all vessel traffic service centers and publish
such policy in the Federal Register.
‘‘(B) UPDATE.—The Secretary shall periodically update
the national policy established under subparagraph (A)
and shall publish such update in the Federal Register
or on a publicly available website.
‘‘(2) ELEMENTS.—The national policy established and
updated under paragraph (1) shall include, at a minimum,
the following:
‘‘(A) Standardization of titles, roles, and responsibilities
for all personnel assigned, working, or employed in a vessel
traffic service center.
‘‘(B) Standardization of organizational structure within
vessel traffic service centers, to include supervisory and
reporting chain and processes.
‘‘(C) Establishment of directives for the application of
authority provided to each vessel traffic service center,
specifically with respect to directing or controlling vessel
movement when such action is justified in the interest
of safety.
‘‘(D) Establishment of thresholds and measures for
monitoring, informing, recommending, and directing vessel
traffic.
‘‘(E) Establishment of national procedures and protocols for vessel traffic management.
‘‘(F) Standardization of training for all vessel traffic
service directors, operators, and watchstanders.
‘‘(G) Establishment of certification and competency
evaluation for all vessel traffic service directors, operators,
and watchstanders.
‘‘(H) Establishment of standard operating language
when communicating with vessel traffic users.
‘‘(I) Establishment of data collection, storage, management, archiving, and dissemination policies and procedures
for vessel incidents and near-miss incidents.
‘‘(c) LOCAL VARIANCES.—
‘‘(1) DEVELOPMENT.—In this section, the Secretary may
provide for such local variances as the Secretary considers
appropriate to account for the unique vessel traffic, waterway
characteristics, and any additional factors that are appropriate
to enhance navigational safety in any area where vessel traffic
services are provided.
‘‘(2) REVIEW AND APPROVAL BY SECRETARY.—The Captain
of the Port covered by a vessel traffic service center may develop
and submit to the Secretary regional policies in addition to
the national policy established and updated under subsection
(b) to account for variances from that national policy with
respect to local vessel traffic conditions and volume, geography,

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134 STAT. 4713

water body characteristics, waterway usage, and any additional
factors that the Captain considers appropriate.
‘‘(3) REVIEW AND IMPLEMENTATION.—Not later than 180
days after receiving regional policies under paragraph (2)—
‘‘(A) the Secretary shall review such regional policies;
and
‘‘(B) the Captain of the port concerned shall implement
the policies that the Secretary approves.
‘‘(4) MAINTENANCE.—The Secretary shall maintain a central
depository for all local variances approved under this section.
‘‘(d) COOPERATIVE AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary may enter into cooperative
agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons
to carry out the functions under subsection (a)(1).
‘‘(2) INTERNATIONAL COORDINATION.—With respect to vessel
traffic service areas that cross international boundaries, the
Secretary may enter into bilateral or cooperative agreements
with international partners to jointly carry out the functions
under subsection (a)(1) and to jointly manage such areas to
collect, share, assess, and analyze information in the possession
or control of the international partner.
‘‘(3) LIMITATION.—
‘‘(A) INHERENTLY GOVERNMENTAL FUNCTION.—A nongovernmental entity may not under this subsection carry
out an inherently governmental function.
‘‘(B) DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION.—In this paragraph, the term ‘inherently governmental function’ means any activity that is so intimately
related to the public interest as to mandate performance
by an officer or employee of the Federal Government,
including an activity that requires either the exercise of
discretion in applying the authority of the Government
or the use of judgment in making a decision for the Government.
‘‘(4) DISCLOSURE.—The Commandant of the Coast Guard
shall de-identify information prior to release to the public,
including near miss incidents.
‘‘(e) PERFORMANCE EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall develop and implement a standard method for evaluating the performance of
vessel traffic service centers.
‘‘(2) ELEMENTS.—The standard method developed and
implemented under paragraph (1) shall include, at a minimum,
analysis and collection of data with respect to the following
within a vessel traffic service area covered by each vessel
traffic service center:
‘‘(A) Volume of vessel traffic, categorized by type of
vessel.
‘‘(B) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type
as provided in the Notice of Arrival, if applicable, or as
determined by other means.
‘‘(C) Data on near-miss incidents.
‘‘(D) Data on marine casualties.

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Deadline.

Contracts.

Assessment.
Analysis.

Applicability.

Public
information.

Standard.

Analysis.
Data.

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134 STAT. 4714

Recommendations.
Data.

Evaluation.

Coordination.
Public
information.
Standard.

Data.
Data.

Data.

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Procedures.

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‘‘(E) Application by vessel traffic operators of traffic
management authority during near-miss incidents and
marine casualties.
‘‘(F) Other additional methods as the Secretary considers appropriate.
‘‘(3) REPORT.—Not later than 1 year after the date of the
enactment of this paragraph, and biennially thereafter, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph
(1) of the performance of vessel traffic service centers,
including—
‘‘(A) recommendations to improve safety and performance; and
‘‘(B) data regarding marine casualties and near-miss
incidents that have occurred during the period covered
by the report.
‘‘(f) RISK ASSESSMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall develop a continuous
risk assessment program to evaluate and mitigate safety risks
for each vessel traffic service area to improve safety and reduce
the risks of oil and hazardous material discharge in navigable
waters.
‘‘(2) METHOD FOR ASSESSMENT.—The Secretary, in coordination with stakeholders and the public, shall develop a standard
method for conducting risk assessments under paragraph (1)
that includes the collection and management of all information
necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area.
‘‘(3) INFORMATION TO BE ASSESSED.—
‘‘(A) IN GENERAL.—The Secretary shall ensure that a
risk assessment conducted under paragraph (1) includes
an assessment of the following:
‘‘(i) Volume of vessel traffic, categorized by type
of vessel.
‘‘(ii) Total volume of flammable, combustible, or
hazardous liquid cargo transported, categorized by
vessel type as provided in the Notice of Arrival, if
applicable, or as determined by other means.
‘‘(iii) Data on near-miss events incidents.
‘‘(iv) Data on marine casualties.
‘‘(v) Geographic locations for near-miss events
incidents and marine casualties, including latitude and
longitude.
‘‘(vi) Cyclical risk factors such as weather, seasonal
water body currents, tides, bathymetry, and topography.
‘‘(vii) Weather data, in coordination with the
National Oceanic and Atmospheric Administration.
‘‘(B) INFORMATION STORAGE AND MANAGEMENT POLICIES.—The Secretary shall retain all information collected
under subparagraph (A) and ensure policies and procedures
are in place to standardize the format in which that
information is retained to facilitate statistical analysis of
that information to calculate within a vessel traffic service

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134 STAT. 4715

area, at a minimum, the incident rate, intervention rate,
and casualty prevention rate.
‘‘(4) PUBLIC AVAILABILITY.—
‘‘(A) ASSESSMENTS AND INFORMATION.—In accordance
with section 552 of title 5, the Secretary shall make any
risk assessments conducted under paragraph (1) and any
information collected under paragraph (3)(A) available to
the public.
‘‘(B) INFORMATION IN POSSESSION OR CONTROL OF INTERNATIONAL PARTNERS.—The Secretary shall endeavor to
coordinate with international partners as described in subsection (d)(2) to enter into agreements to make information
collected, shared, and analyzed under that paragraph available to the public.
‘‘(C) DISCLOSURE.—The Commandant of the Coast
Guard shall de-identify information prior to release to the
public, including near-miss incidents.
‘‘(g) VESSEL TRAFFIC SERVICE TRAINING.—
‘‘(1) TRAINING PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall develop a comprehensive nationwide training program for all vessel
traffic service directors, operators, and watchstanders.
‘‘(B) ELEMENTS.—The comprehensive nationwide
training program under subparagraph (A) and any
variances to that program under subsection (c) shall
include, at a minimum, the following:
‘‘(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate—
‘‘(I) the national policy developed under subsection (b);
‘‘(II) international rules under the International Navigational Rules Act of 1977 (33 U.S.C.
1601 et seq.);
‘‘(III) inland navigation rules under part 83
of title 33, Code of Federal Regulations;
‘‘(IV) the application of vessel traffic authority;
and
‘‘(V) communication with vessel traffic service
users.
‘‘(ii) Proficiency training with respect to use,
interpretation, and integration of available data on
vessel traffic service display systems such as radar,
and vessel automatic identification system feeds.
‘‘(iii) Practical application of—
‘‘(I) the international rules under the International Navigational Rules Act of 1977 (33 U.S.C.
1601 et seq.); and
‘‘(II) the inland navigation rules under part
83 of title 33, Code of Federal Regulations.
‘‘(iv) Proficiency training with respect to the operation of radio communications equipment and any
other applicable systems necessary to execute vessel
traffic service authorities.
‘‘(v) Incorporation of the Standard Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as
amended and consolidated, or any successor resolution.

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Contracts.

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Applicability.

Requirement.

Determination.

Consultation.
Procedures.

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Consultation.
Evaluation.
Determination.

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‘‘(vi) Incorporation to the maximum extent possible
of guidance and recommendations contained in vessel
traffic services operator training, vessel traffic services
supervisor training, or other relevant training set forth
by the International Association of Marine Aids to
Navigation and Lighthouse Authorities.
‘‘(vii) A minimum number of hours of training for
an individual to complete before the individual is qualified to fill a vessel traffic services position without
supervision.
‘‘(viii) Local area geographic and operational familiarization.
‘‘(ix) Such additional components as the Secretary
considers appropriate.
‘‘(2) STANDARD COMPETENCY QUALIFICATION PROCESS.—
‘‘(A) IN GENERAL.—The Secretary shall develop a
standard competency qualification process to be applied
to all personnel assigned, employed, or working in a vessel
traffic service center.
‘‘(B) APPLICATION OF PROCESS.—The competency qualification process developed under subparagraph (A) shall
include measurable thresholds for determining proficiency.
‘‘(3) INTERNATIONAL AND INLAND NAVIGATION RULES TEST.—
‘‘(A) IN GENERAL.—All personnel assigned, employed,
or working in a vessel traffic service center with responsibilities that include communicating, interacting, or
directing vessels within a vessel traffic service area, as
determined under the national policy developed under subsection (b), shall be required to pass a United States international and inland navigation rules test developed by
the Secretary.
‘‘(B) ELEMENTS OF TEST.—The Secretary shall determine the content and passing standard for the rules test
developed under subparagraph (A).
‘‘(C) TESTING FREQUENCY.—The Secretary shall establish a frequency, not to exceed once every 5 years, for
personnel described in subparagraph (A) to be required
to pass the rules test developed under such subparagraph.
‘‘(h) RESEARCH ON VESSEL TRAFFIC.—
‘‘(1) VESSEL COMMUNICATION.—The Secretary shall conduct
research, in consultation with subject matter experts identified
by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify
and address unsafe situations in a vessel traffic service area.
The Secretary shall consider data collected under subparagraph
(A) of subsection (f)(3).
‘‘(2) PROFESSIONAL MARINER REPRESENTATION.—
‘‘(A) IN GENERAL.—The Secretary shall conduct
research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate
and determine the feasibility, costs and benefits of representation by professional mariners on the vessel traffic
service watchfloor at each vessel traffic service center.
‘‘(B) IMPLEMENTATION.—The Secretary shall implement
representation by professional mariners on the vessel

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134 STAT. 4717

traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial
pursuant to research conducted under subparagraph (A).
‘‘(i) INCLUSION OF IDENTIFICATION SYSTEM ON CERTAIN VESSELS.—
‘‘(1) IN GENERAL.—The National Navigation Safety Advisory
Committee shall advise and provide recommendations to the
Secretary on matters relating to the practicability, economic
costs, regulatory burden, and navigational impact of outfitting
vessels lacking independent means of propulsion that carry
flammable, combustible, or hazardous liquid cargo with vessel
automatic identification systems.
‘‘(2) REGULATIONS.—Based on the evaluation under paragraph (1), the Secretary shall prescribe such regulations as
the Secretary considers appropriate to establish requirements
relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems.
‘‘(j) PERIODIC REVIEW OF VESSEL TRAFFIC SERVICE NEEDS.—
‘‘(1) IN GENERAL.—Based on the performance evaluation
conducted under subsection (e) and the risk assessment conducted under subsection (f), the Secretary shall periodically
review vessel traffic service areas to determine—
‘‘(A) if there are any additional vessel traffic service
needs in those areas; and
‘‘(B) if a vessel traffic service area should be moved
or modified.
‘‘(2) INFORMATION TO BE ASSESSED.—
‘‘(A) IN GENERAL.—The Secretary shall ensure that a
review conducted under paragraph (1) includes an assessment of the following:
‘‘(i) Volume of vessel traffic, categorized by type
of vessel.
‘‘(ii) Total volume of flammable, combustible, or
hazardous liquid cargo transported, categorized by
vessel type as provided in the Notice of Arrival, if
applicable, or as determined by other means.
‘‘(iii) Data on near miss incidents.
‘‘(iv) Data on marine casualties.
‘‘(v) Geographic locations for near-miss incidents
and marine casualties, including latitude and longitude.
‘‘(vi) Cyclical risk factors such as weather, seasonal
water body currents, tides, bathymetry, and topography.
‘‘(vii) Weather data, in coordination with the
National Oceanic and Atmospheric Administration.
‘‘(3) STAKEHOLDER INPUT.—In conducting the periodic
reviews under paragraph (1), the Secretary shall seek input
from port and waterway stakeholders to identify areas of
increased vessel conflicts or marine casualties that could benefit
from the use of routing measures or vessel traffic service special
areas to improve safety, port security, and environmental
protection.
‘‘(4) DISCLOSURE.—The Commandant of the Coast Guard
shall de-identify information prior to release to the public,
including near miss incidents.

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Recommendations.

Requirements.

Determination.

Data.
Data.

Data.

Public
information.

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(k) LIMITATION OF LIABILITY FOR COAST GUARD VESSEL
TRAFFIC SERVICE PILOTS AND NON-FEDERAL VESSEL TRAFFIC
SERVICE OPERATORS.—
‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any
pilot, acting in the course and scope of his or her duties while
at a Coast Guard Vessel Traffic Service Center, who provides
information, advice, or communication assistance while under
the supervision of a Coast Guard officer, member, or employee
shall not be liable for damages caused by or related to such
assistance unless the acts or omissions of such pilot constitute
gross negligence or willful misconduct.
‘‘(2) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—
An entity operating a non-Federal vessel traffic information
service or advisory service pursuant to a duly executed written
agreement with the Coast Guard, and any pilot acting on
behalf of such entity, is not liable for damages caused by
or related to information, advice, or communication assistance
provided by such entity or pilot while so operating or acting
unless the acts or omissions of such entity or pilot constitute
gross negligence or willful misconduct.
‘‘(l) EXISTING AUTHORITY.—Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance
navigation, vessel safety, marine environmental protection, and to
ensure safety and preservation of life and property at sea.
‘‘(m) DEFINITIONS.—In this section:
‘‘(1) HAZARDOUS LIQUID CARGO.—The term ‘hazardous liquid
cargo’ has the meaning given that term in regulations prescribed under section 5103 of title 49.
‘‘(2) MARINE CASUALTY.—The term ‘marine casualty’ has
the meaning given that term in regulations prescribed under
section 6101(a).
‘‘(3) VESSEL TRAFFIC SERVICE AREA.—The term ‘vessel traffic
service area’ means an area specified in subpart C of part
161 of title 33, Code of Federal Regulations, or any successor
regulation.
‘‘(4) VESSEL TRAFFIC SERVICE CENTER.—The term ‘vessel
traffic service center’ means a center for the provision of vessel
traffic services in a vessel traffic service area.
‘‘(5) NEAR MISS INCIDENT.—The term ‘near miss incident’
means any occurrence or series of occurrences having the same
origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial threat of a marine
casualty.
‘‘(6) DE-IDENTIFIED.—The term ‘de-identified’ means the
process by which all information that is likely to establish
the identity of the specific persons or entities noted in the
reports, data, or other information is removed from the reports,
data, or other information.’’.

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SEC. 8346. TRANSPORTATION WORK IDENTIFICATION CARD PILOT
PROGRAM.

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Section 70105(g) of title 46, United States Code, is amended
by striking ‘‘shall concurrently’’ and all that follows and inserting
the following: ‘‘shall—
‘‘(1) develop and, no later than 2 years after the date
of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, implement a joint application for

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134 STAT. 4719

merchant mariner’s documents under chapter 73 and for a
transportation security card issued under this section; and
‘‘(2) upon receipt of a joint application developed under
paragraph (1) concurrently process an application from an individual for merchant mariner’s documents under chapter 73
and an application from such individual for a transportation
security card under this section.’’.

TITLE 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.
Sec. 8440.
Sec. 8441.

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.

Subtitle A—Navigation and Shipping

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SEC. 8401. COASTWISE TRADE.

(a) IN GENERAL.—The Commandant shall review the adequacy
of and continuing need for provisions in title 46, Code of Federal
Regulations, that require a United States vessel documented under
chapter 121 of title 46, United States Code, possessing a coastwise
endorsement under that chapter, and engaged in coastwise trade,
to comply with regulations for vessels engaged in an international
voyage.

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Deadline.

(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the findings of the
review required under subsection (a) and a discussion of how
existing laws and regulations could be amended to ensure the
safety of vessels described in subsection (a) while infringing as
little as possible on commerce.

46 USC 2101
note.

SEC. 8402. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE.

06:40 Jan 20, 2022

(a) DEFINITIONS.—In this section—
(1) the term ‘‘Boundary Line’’ has the meaning given the
term in section 103 of title 46, United States Code;
(2) the term ‘‘Officer in Charge, Marine Inspection’’ has
the meaning given the term in section 3305(d)(4) of title 46,
United States Code; and
(3) the term ‘‘Secretary’’ means the Secretary of the Department in which the Coast Guard is operating.
(b) INTERIM EXEMPTION.—A towing vessel described in subsection (c) and a response vessel included on a vessel response
plan are exempt from any additional requirements of subtitle II
of title 46, United States Code, and chapter I of title 33 and
chapter I of title 46, Code of Federal Regulations (as in effect
on the date of the enactment of this Act), that would result solely
from such vessel operating outside the Boundary Line, if—
(1) the vessel is—
(A) operating outside the Boundary Line solely to perform regular harbor assist operations; or
(B) listed as a response vessel on a vessel response
plan and is operating outside the Boundary Line solely
to perform duties of a response vessel;
(2) the vessel is approved for operations outside the
Boundary Line by the Officer in Charge, Marine Inspection
and the Coast Guard Marine Safety Center; and
(3) the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15
and section 141.225 of title 46, Code of Federal Regulations
(or any successor regulation).
(c) APPLICABILITY.—This section applies to a towing vessel—
(1) that is subject to inspection under chapter 33 of title
46, United States Code, and subchapter M of chapter I of
title 46, Code of Federal Regulations (or any successor regulation);
(2) with only ‘‘Lakes, Bays, and Sounds’’ or ‘‘Rivers’’ routes
recorded on such vessel’s certificate of inspection pursuant to
section 136.230 of title 46, Code of Federal Regulations (or
any successor regulation);
(3) that, with respect to a vessel described in subsection
(b)(1)(A), is operating as a harbor assist vessel and regularly
engaged in harbor assist operations, including the docking,
undocking, mooring, unmooring, and escorting of vessels with
limited maneuverability; and
(4) that, with respect to a vessel that is described in subsection (b)(1)(B), is listed—

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134 STAT. 4721

(A) on a vessel response plan under part 155 of title
33, Code of Federal Regulations, on the date of approval
of the vessel response plan; or
(B) by name or reference in the vessel response plan’s
geographic-specific appendix on the date of approval of
the vessel response plan.
(d) LIMITATIONS.—A vessel exempted under subsection (b) is
subject to the following operating limitations:
(1) The voyage of a vessel described in subsection (b)(1)(A)
shall—
(A) be less than 12 hours in total duration;
(B) originate and end in the inspection zone of a single
Officer in Charge, Marine Inspection; and
(C) occur no further than 10 nautical miles from the
Boundary Line.
(2) The voyage of a vessel described in subsection (b)(1)(B)
shall—
(A) originate and end in the inspection zone of a single
Officer in Charge, Marine Inspection; and
(B) either—
(i) in the case of a voyage in the territorial waters
of Alaska, Guam, Hawaii, American Samoa, and the
Northern Mariana Islands, have sufficient manning
as determined by the Secretary; or
(ii) be less than 12 hours.
(e) SAFETY.—
(1) SAFETY RESTRICTIONS.—The Officer in Charge, Marine
Inspection for an inspection zone may restrict operations under
the interim exemption provided under subsection (b) for safety
purposes.
(2) COMPREHENSIVE LISTS.—The Officer in Charge, Marine
Inspection for an inspection zone shall maintain and periodically update a comprehensive list of all towing vessels described
in subsection (c) that operate in the inspection zone.
(3) NOTIFICATION.—Not later than 24 hours prior to
intended operations outside of the Boundary Line, a towing
vessel exempted under subsection (b) shall notify the Office
in Charge, Marine Inspection for the inspection zone of such
operations. Such notification shall include—
(A) the date, time, and length of voyage;
(B) a crew list, with each crew member’s credentials
and work hours; and
(C) an attestation from the master of the towing vessel
that the vessel has sufficient manning and lifesaving equipment for all persons on board.
(f) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall
brief the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following:
(1) The impacts of the interim exemption provided under
this section.
(2) Any safety concerns regarding the expiration of such
interim exemption.
(3) Whether such interim exemption should be extended.

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Deadline.

List.
Attestation.

Deadline.

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(g) TERMINATION.—The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the
date of the enactment of this Act.
SEC. 8403. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY
OF THE UNITED STATES.

It is the sense of Congress that the maritime industry of the
United States contributes to the Nation’s economic prosperity and
national security.
SEC. 8404. CARGO PREFERENCE STUDY.

Time period.

List.
Analysis.

Assessment.

Audit.
Recommendations.

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Compliance.

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(a) IN GENERAL.—The Comptroller General of the United States
shall conduct an audit regarding the enforcement of the United
States Cargo Preference Laws set forth in sections 55302, 55303,
55304, and 55305 of title 46, United States Code, and section
2631 of title 10, United States Code (hereinafter in this section
referred to as the ‘‘United States Cargo Preference Laws’’).
(b) SCOPE.—The audit conducted under subsection (a) shall
include, for the period from October 14, 2008, until the date of
the enactment of this Act—
(1) a listing of the agencies and organizations required
to comply with the United States Cargo Preference Laws;
(2) an analysis of the compliance or noncompliance of such
agencies and organizations with such laws, including—
(A) the total amount of oceangoing cargo that each
such agency, organization, or contractor procured for its
own account or for which financing was in any way provided with Federal funds, including loan guarantees;
(B) the percentage of such cargo shipped on privately
owned commercial vessels of the United States;
(C) an assessment of internal programs and controls
used by each such agency or organization to monitor and
ensure compliance with the United States Cargo Preference
Laws, to include education, training, and supervision of
its contracting personnel, and the procedures and controls
used to monitor compliance with cargo preference requirements by contractors and subcontractors; and
(D) instances in which cargoes are shipped on foreignflag vessels under non-availability determinations but not
counted as such for purposes of calculating cargo preference
compliance; and
(3) an overview of enforcement activities undertaken by
the Maritime Administration from October 14, 2008, until the
date of the enactment of this Act, including a listing of all
bills of lading collected by the Maritime Administration during
that period.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report detailing the results of the audit and providing recommendations related to such results, to include—
(1) actions that should be taken by agencies and organizations to fully comply with the United States Cargo Preference
Laws; and
(2) Other measures that may compel agencies and organizations, and their contractors and subcontractors, to use United
States flag vessels in the international transportation of ocean

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cargoes as mandated by the United States Cargo Preference
Laws.
SEC. 8405. TOWING VESSEL INSPECTION FEES REVIEW.

Not later than 180 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate—
(1) the results of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115–282); and
(2) a copy of any regulation required pursuant to section
815(b) of such Act to establish specific inspection fees for such
vessels.

Deadline.

Records.

Subtitle B—Maritime Domain Awareness

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SEC. 8411. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL
TRACKING TECHNOLOGIES.

(a) ASSESSMENT.—The Commandant, acting through the Blue
Technology Center of Expertise, shall regularly assess available
unmanned maritime systems and satellite vessel tracking technologies for potential use to support missions of the Coast Guard.
(b) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, and biennially thereafter, the
Commandant shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actual and potential effects of the
use of then-existing unmanned maritime systems and satellite
vessel tracking technologies on the mission effectiveness of
the Coast Guard.
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include the following:
(A) An inventory of current unmanned maritime systems used by the Coast Guard, an overview of such usage,
and a discussion of the mission effectiveness of such systems, including any benefits realized or risks or negative
aspects of such usage.
(B) An inventory of satellite vessel tracking technologies, and a discussion of the potential mission effectiveness of such technologies, including any benefits or risks
or negative aspects of such usage.
(C) A prioritized list of Coast Guard mission requirements that could be met with additional unmanned maritime systems, or with satellite vessel tracking technologies,
and the estimated costs of accessing, acquiring, or operating
such systems, taking into consideration the interoperability
of such systems with the current and future fleet of—
(i) National Security Cutters;
(ii) Fast Response Cutters;
(iii) Offshore Patrol Cutters;
(iv) Polar Security Cutters; and

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Inventories.

List.

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PUBLIC LAW 116–283—JAN. 1, 2021
(v) in-service legacy cutters, including the 210and 270-foot medium endurance cutters and 225-foot
Buoy Tenders.
(c) DEFINITIONS.—In this section:
(1) UNMANNED MARITIME SYSTEMS.—
(A) IN GENERAL.—The term ‘‘unmanned maritime systems’’ means—
(i) remotely operated or autonomous vehicles produced by the commercial sector designed to travel in
the air, on or under the ocean surface, on land, or
any combination thereof, and that function without
an on-board human presence; and
(ii) associated components of such vehicles,
including control and communications systems, data
transmission systems, and processing systems.
(B) EXAMPLES.—Such term includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
(2) AVAILABLE UNMANNED MARITIME SYSTEMS.—The term
‘‘available unmanned maritime systems’’ includes systems that
can be purchased commercially or are in use by the Department
of Defense or other Federal agencies.
(3) SATELLITE VESSEL TRACKING TECHNOLOGIES.—The term
‘‘satellite vessel tracking technologies’’ means shipboard broadcast systems that use satellites and terrestrial receivers to
continually track vessels.

14 USC 319 note.

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Deadline.

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SEC. 8412. UNMANNED AIRCRAFT SYSTEMS TESTING.

(a) TRAINING AREA.—The Commandant shall carry out and
update, as appropriate, a program for the use of one or more
training areas to facilitate the use of unmanned aircraft systems
and small unmanned aircraft to support missions of the Coast
Guard.
(b) DESIGNATION OF AREA.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall, as part of
the program under subsection (a), designate an area for the
training, testing, and development of unmanned aircraft systems and small unmanned aircraft.
(2) CONSIDERATIONS.—In designating a training area under
paragraph (1), the Commandant shall—
(A) ensure that such training area has or receives
all necessary Federal Aviation Administration flight
authorization; and
(B) take into consideration all of the following
attributes of the training area:
(i) Direct over-water maritime access from the site.
(ii) The availability of existing Coast Guard support facilities, including pier and dock space.
(iii) Proximity to existing and available offshore
Warning Area airspace for test and training.
(iv) Existing facilities and infrastructure to support
unmanned aircraft system-augmented, and small

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134 STAT. 4725

unmanned aircraft-augmented, training, evaluations,
and exercises.
(v) Existing facilities with a proven track record
of supporting unmanned aircraft systems and small
unmanned aircraft systems flight operations.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘existing’’ means as of the date of enactment
of this Act; and
(2) the terms ‘‘small unmanned aircraft’’ and ‘‘unmanned
aircraft system’’ have the meanings given those terms in section
44801 of title 49, United States Code.
SEC. 8413. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF
COAST GUARD.

(a) FUNDING FOR CERTAIN ENHANCED CAPABILITIES.—Section
319 of title 14, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) FUNDING FOR CERTAIN ENHANCED CAPABILITIES.—In each
of fiscal years 2020 and 2021, the Commandant may provide additional funding of $5,000,000 for additional long-range maritime
patrol aircraft, acquired through full and open competition.’’.
(b) REPORT ON USE OF UNMANNED AIRCRAFT SYSTEMS FOR
CERTAIN SURVEILLANCE.—
(1) REPORT REQUIRED.—Not later than March 31, 2021,
the Commandant, in coordination with the Administrator of
the Federal Aviation Administration on matters related to aviation safety and civilian aviation and aerospace operations, shall
submit to the appropriate committees of Congress a report
setting forth an assessment of the feasibility and advisability
of using unmanned aircraft systems for surveillance of marine
protected areas, the transit zone, and the Arctic in order to—
(A) establish and maintain regular maritime domain
awareness of such areas;
(B) ensure appropriate response to illegal activities
in such areas; and
(C) collaborate with State, local, and tribal authorities,
and international partners, in surveillance missions over
their waters in such areas.
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House
of Representatives.

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SEC. 8414. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.

Coordination.

14 USC 1156
note.

(a) PROHIBITION ON AGENCY OPERATION OR PROCUREMENT.—
The Commandant may not operate or enter into or renew a contract
for the procurement of—
(1) an unmanned aircraft system that—
(A) is manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered

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134 STAT. 4726

foreign country or by an entity domiciled in a covered
foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by an entity
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located
in or administered by an entity domiciled in a covered
foreign country; or
(2) a system manufactured in a covered foreign country
or by an entity domiciled in a covered foreign country for
the detection or identification of unmanned aircraft systems.
(b) EXEMPTION.—
(1) IN GENERAL.—The Commandant is exempt from the
restriction under subsection (a) if—
(A) the operation or procurement is for the purposes
of—
(i) counter-UAS system surrogate testing and
training; or
(ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training;
or
(B) the Commandant receives a certification from the
Coast Guard unit requesting to operate or procure an
unmanned aircraft system otherwise restricted under subsection (a), which shall include supporting manufacturer
information, that the unmanned aircraft system does not—
(i) connect to the internet or an outside telecommunications service;
(ii) connect to other devices or electronics, except
as necessary to perform the mission; or
(iii) perform any missions in support of classified
information or that may threaten national security.
(2) EXPIRATION.—The authority under this subsection to
operate or procure an unmanned aircraft system otherwise
restricted under subsection (a) expires on the date that is
2 years after the date of the enactment of this Act.
(c) WAIVER.—The Commandant may waive the restriction under
subsection (a) on a case by case basis by certifying in writing
to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement is required
in the national interest of the United States.
(d) DEFINITIONS.—In this section:
(1) COVERED FOREIGN COUNTRY.—The term ‘‘covered foreign
country’’ means the People’s Republic of China.
(2) COUNTER-UAS SYSTEM.—The term ‘‘counter-UAS
system’’ has the meaning given such term in section 44801
of title 49, United States Code.
(3) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned
aircraft system’’ has the meaning given such term in section
44801 of title 49, United States Code.

Certification.

14 USC 504 note.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 8415. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY MARITIME DOMAIN AWARENESS TESTING AND
EVALUATION PROGRAM.

(a) TESTING AND EVALUATION PROGRAM.—The Commandant,
acting through the Blue Technology Center of Expertise, shall carry
out a testing and evaluation program of United States commercial

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space-based radio frequency geolocation and maritime domain
awareness products and services to support the mission objectives
of maritime enforcement by the Coast Guard and other components
of the Coast Guard. The objectives of this testing and evaluation
program shall include—
(1) developing an understanding of how United States
commercial space-based radio frequency data products can meet
current and future mission requirements;
(2) establishing how United States commercial space-based
radio frequency data products should integrate into existing
work flows; and
(3) establishing how United States commercial space-based
radio frequency data products could be integrated into analytics
platforms.
(b) REPORT.—Not later than 240 days after the date of enactment of this Act, the Commandant shall prepare and submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
testing and evaluation program under subsection (a), including
recommendations on how the Coast Guard should fully exploit
United States commercial space-based radio frequency data products to meet current and future mission requirements.

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SEC. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION
SYSTEMS DEVICES TO MARK FISHING EQUIPMENT.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘Assistant Secretary’’ means the Assistant
Secretary of Commerce for Communications and Information
and the National Telecommunications and Information
Administration Administrator;
(2) the term ‘‘Automatic Identification System’’ has the
meaning given the term in section 164.46(a) of title 33, Code
of Federal Regulations, or any successor regulation;
(3) the term ‘‘Automatic Identification System device’’
means a covered device that operates in radio frequencies
assigned for Automatic Identification System stations;
(4) the term ‘‘Commission’’ means the Federal Communications Commission; and
(5) the term ‘‘covered device’’ means a device used to mark
fishing equipment.
(b) RULEMAKING REQUIRED.—Not later than 180 days after
the date of enactment of this Act, the Commission, in coordination
with the Assistant Secretary, and in consultation with the Commandant and the Secretary of State, shall initiate a rulemaking
proceeding to consider whether to authorize covered devices to
operate in radio frequencies assigned for Automatic Identification
System stations.
(c) CONSIDERATIONS.—In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing
requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the
authorization of covered devices to operate in radio frequencies
assigned for Automatic Identification System stations consistent
with the core purpose of the Automatic Identification System to
prevent maritime accidents.

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Recommendations.

47 USC 303 note.

Deadline.
Coordination.
Consultation.

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Subtitle C—Arctic

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SEC. 8421. COAST GUARD ARCTIC PRIORITIZATION.

(a) FINDINGS.—Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize
the military significance of the sea lanes and choke points
within the region and understand the potential for power projection from the Arctic into multiple regions.
(2) Russia and China have conducted military exercises
together in the Arctic, have agreed to connect the Northern
Sea Route, claimed by Russia, with China’s Maritime Silk
Road, and are working together in developing natural gas
resources in the Arctic.
(3) The economic significance of the Arctic continues to
grow as countries around the globe begin to understand the
potential for maritime transportation through, and economic
and trade development in, the region.
(4) Increases in human, maritime, and resource development activity in the Arctic region may create additional mission
requirements for the Department of Defense and the Department of Homeland Security.
(5) The increasing role of the United States in the Arctic
has been highlighted in each of the last four national defense
authorization acts.
(6) The United States Coast Guard Arctic Strategic Outlook
released in April 2019 states, ‘‘Demonstrating commitment to
operational presence, Canada, Denmark, and Norway have
made strategic investments in ice-capable patrol ships charged
with national or homeland security missions. The United States
is the only Arctic State that has not made similar investments
in ice-capable surface maritime security assets. This limits
the ability of the Coast Guard, and the Nation, to credibly
uphold sovereignty or respond to contingencies in the Arctic.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Arctic is a region of strategic importance to the
national security interests of the United States, and the Coast
Guard must better align its mission prioritization and development of capabilities to meet the growing array of challenges
in the region;
(2) the increasing freedom of navigation and expansion
of activity in the Arctic must be met with an increasing show
of Coast Guard forces capable of exerting influence through
persistent presence;
(3) Congress fully supports the needed and important recapitalization of the fleet of cutters and aircraft of the Coast
Guard, but, the Coast Guard must avoid overextending operational assets for remote international missions at the cost
of dedicated focus on this domestic area of responsibility with
significant international interest and activity; and
(4) although some progress has been made to increase
awareness of Arctic issues and to promote increased presence
in the region, additional measures are needed to protect vital
economic, environmental, and national security interests of the
United States, and to show the commitment of the United

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States to this emerging strategic choke point of increasing
great power competition.
(c) ARCTIC DEFINED.—In this section, the term ‘‘Arctic’’ has
the meaning given that term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 8422. ARCTIC PARS NATIVE ENGAGEMENT.

The Commandant shall—
(1) engage directly with local coastal whaling and fishing
communities in the Arctic region when conducting the Alaskan
Arctic Coast Port Access Route Study, in accordance with
chapter 700 of title 46, United States Code, and as described
in the notice of study published in the Federal Register on
December 21, 2018 (83 Fed. Reg. 65701); and
(2) consider the concerns of the Arctic coastal community
regarding any Alaskan Arctic Coast Port Access Route,
including safety needs and concerns.
SEC. 8423. VOTING REQUIREMENT.

Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is
amended to read as follows:
‘‘(iv) VOTING REQUIREMENT.—The panel may act
only by the affirmative vote of at least 5 of its members,
except that any decision made pursuant to the last
sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.’’.

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SEC. 8424. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED
FORCES.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall submit to the appropriate committees of Congress a report setting forth the results
of a study on the Arctic capabilities of the Armed Forces. The
Secretary shall enter into a contract with an appropriate federally
funded research and development center for the conduct of the
study.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People’s Republic of China, and
other countries operating in the Arctic, including an assessment
of the ability of the navy of each such country to operate
in varying sea-ice conditions.
(2) A description of commercial and foreign military surface
forces currently operating in the Arctic in conditions inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
Coast Guard forces by military forces of other countries operating in the Arctic in conditions inaccessible to Navy surface
or aviation forces in the manner such forces currently operate.
(4) A comparison of the domain awareness capabilities
of—
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem with Navy
surface and aviation forces and the surface and aviation
forces of other allies.

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Contracts.

Assessment.

Assessment.

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(5) A comparison of the defensive capabilities of—
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual defense
with Navy forces, other Armed Forces, and the military
forces of allies.
(c) FORM.—The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.

Classified
information.

SEC. 8425. REPORT ON ARCTIC SEARCH AND RESCUE.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the search and rescue capabilities of the Coast Guard in Arctic coastal communities.
(b) CONTENTS.—The report under subsection (a) shall include
the following:
(1) An identification of ways in which the Coast Guard
can more effectively partner with Arctic coastal communities
to respond to search and rescue incidents through training,
funding, and deployment of assets.
(2) An analysis of the costs of forward deploying on a
seasonal basis Coast Guard assets in support of such communities for responses to such incidents.

Analysis.

49 USC 303a
note.
Recommendations.

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Coordination.

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SEC. 8426. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.

(a) PURPOSE.—The purpose of this section is to establish a
Federal advisory committee to provide policy recommendations to
the Secretary of Transportation on positioning the United States
to take advantage of emerging opportunities for Arctic maritime
transportation.
(b) DEFINITIONS.—In this section:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Arctic Shipping Federal Advisory Committee established under subsection (c)(1).
(2) ARCTIC.—The term ‘‘Arctic’’ has the meaning given the
term in section 112 of the Arctic Research and Policy Act
of 1984 (15 U.S.C. 4111).
(3) ARCTIC SEA ROUTES.—The term ‘‘Arctic Sea Routes’’
means the international Northern Sea Route, the Transpolar
Sea Route, and the Northwest Passage.
(c) ESTABLISHMENT OF THE ARCTIC SHIPPING FEDERAL ADVISORY
COMMITTEE.—
(1) ESTABLISHMENT OF ADVISORY COMMITTEE.—
(A) IN GENERAL.—The Secretary of Transportation, in
coordination with the Secretary of State, the Secretary
of Defense acting through the Secretary of the Army and
the Secretary of the Navy, the Secretary of Commerce,
and the Secretary of the Department in which the Coast

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4731

Guard is operating, shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the
Secretary of the Department in which the Coast Guard
is operating on matters related to Arctic maritime transportation, including Arctic seaway development.
(B) MEETINGS.—The Advisory Committee shall meet
at the call of the Chairperson, and at least once annually
in Alaska.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Advisory Committee shall be
composed of 17 members as described in subparagraph
(B).
(B) COMPOSITION.—The members of the Advisory Committee shall be—
(i) 1 individual appointed and designated by the
Secretary of Transportation to serve as the Chairperson of the Advisory Committee;
(ii) 1 individual appointed and designated by the
Secretary of the Department in which the Coast Guard
is operating to serve as the Vice Chairperson of the
Advisory Committee;
(iii) 1 designee of the Secretary of Commerce;
(iv) 1 designee of the Secretary of State;
(v) 1 designee of the Secretary of Transportation;
(vi) 1 designee of the Secretary of Defense;
(vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by
the Secretary of Transportation;
(viii) 1 designee from the State of Washington,
nominated by the Governor of Washington and designated by the Secretary of Transportation;
(ix) 3 Alaska Native Tribal members;
(x) 1 individual representing Alaska Native
subsistence co-management groups affected by Arctic
maritime transportation;
(xi) 1 individual representing coastal communities
affected by Arctic maritime transportation;
(xii) 1 individual representing vessels of the United
States (as defined in section 116 of title 46, United
States Code) participating in the shipping industry;
(xiii) 1 individual representing the marine safety
community;
(xiv) 1 individual representing the Arctic business
community; and
(xv) 1 individual representing maritime labor
organizations.
(C) TERMS.—
(i) LIMITATIONS.—Each member of the Advisory
Committee described in clauses (vii) through (xv) of
subparagraph (B) shall serve for a 2-year term and
shall not be eligible for more than 2 consecutive term
reappointments.
(ii) VACANCIES.—Any vacancy in the membership
of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as

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Alaska.

Alaska.

Washington.

Native
Americans.

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Recommendations.

Recommendations.

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Recommendations.

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the original appointment and in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(3) FUNCTIONS.—The Advisory Committee shall carry out
all of the following functions:
(A) Develop a set of policy recommendations that would
enhance the leadership role played by the United States
in improving the safety and reliability of Arctic maritime
transportation in accordance with customary international
maritime law and existing Federal authority. Such policy
recommendations shall consider options to establish a
United States entity that could perform the following functions in accordance with United States law and customary
international maritime law:
(i) Construction, operation, and maintenance of
current and future maritime infrastructure necessary
for vessels transiting the Arctic Sea Routes, including
potential new deep draft and deepwater ports.
(ii) Provision of services that are not widely
commercially available in the United States Arctic that
would—
(I) improve Arctic maritime safety and
environmental protection;
(II) enhance Arctic maritime domain awareness; and
(III) support navigation and incident response
for vessels transiting the Arctic Sea Routes.
(iii) Establishment of rules of measurement for
vessels and cargo for the purposes of levying voluntary
rates of charges or fees for services.
(B) As an option under subparagraph (A), consider
establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway
Development Corporation, and—
(i) develop recommendations for establishing such
a corporation and a detailed implementation plan for
establishing such an entity; or
(ii) if the Advisory Committee decides against recommending the establishment of such a corporation,
provide a written explanation as to the rationale for
the decision and develop an alternative, as practicable.
(C) Provide advice and recommendations, as requested,
to the Secretary of Transportation and the Secretary of
the Department in which the Coast Guard is operating
on Arctic marine transportation, including seaway development, and consider national security interests, where
applicable, in such recommendations.
(D) In developing the advice and recommendations
under subparagraph (C), engage with and solicit feedback
from coastal communities, Alaska Native subsistence comanagement groups, and Alaska Native tribes.
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this Act, the Advisory Committee shall submit
a report with its recommendations under subparagraphs (A) and
(B) of subsection (c)(3) to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4733

(e) TERMINATION OF THE ADVISORY COMMITTEE.—Not later than
8 years after the submission of the report described in subsection
(d), the Secretary of Transportation shall dissolve the Advisory
Committee.
(f) INTERNATIONAL ENGAGEMENT.—If a Special Representative
for the Arctic Region is appointed by the Secretary of State, the
duties of that Representative shall include—
(1) coordination of any activities recommended by the
implementation plan submitted by the Advisory Committee
and approved by the Secretary of Transportation; and
(2) facilitation of multilateral dialogues with member and
observer nations of the Arctic Council to encourage cooperation
on Arctic maritime transportation.
(g) TRIBAL CONSULTATION.—In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary
of Transportation shall consult with Alaska Native tribes.

Deadline.

Subtitle D—Other Matters

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SEC. 8431. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN.

(a) IN GENERAL.—(1) The Commandant, in coordination with
the Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace, air
space authorization, or aviation, shall develop plans for a demonstration program that will determine whether wing-in-ground
craft, as such term is defined in section 2101 of title 46, United
States Code, that is capable of carrying at least one individual,
can—
(A) provide transportation in areas in which energy exploration, development or production activity takes place on the
Outer Continental Shelf; and
(B) under the craft’s own power, safely reach helidecks
or platforms located on offshore energy facilities.
(2) REQUIREMENTS.—The plans required under paragraph (1)
shall—
(A) examine and explain any safety issues with regard
to the operation of the such craft as a vessel, or as an aircraft,
or both;
(B) include a timeline and technical milestones for the
implementation of such a demonstration program;
(C) outline resource requirements needed to undertake such
a demonstration program;
(D) describe specific operational circumstances under which
the craft may be used, including distance from United States
land, altitude, number of individuals, amount of cargo, and
speed and weight of vessel;
(E) describe the operations under which Federal Aviation
Administration statutes, regulations, circulars, or orders apply;
and
(F) describe the certifications, permits, or authorizations
required to perform any operations.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Commandant, along with the Administrator
of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space authorization,

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Coordination.

Examination.

Timeline.

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or aviation, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate on the plan
developed under subsection (a), including—
(1) any regulatory changes needed regarding inspections
and manning, to allow such craft to operate between onshore
facilities and offshore energy facilities when such craft is operating as a vessel;
(2) any regulatory changes that would be necessary to
address potential impacts to air traffic control, the National
Airspace System, and other aircraft operations, and to ensure
safe operations on or near helidecks and platforms located
on offshore energy facilities when such craft are operating
as aircraft; and
(3) any other statutory or regulatory changes related to
authority of the Federal Aviation Administration over operations of the craft.
SEC. 8432. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.

Notwithstanding any other provision of law, not later than
180 days after the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating, in consultation with the Administrator of the Environmental Protection
Agency and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall update the Northern Michigan
Area Contingency Plan to include a worst-case discharge from a
pipeline in adverse weather conditions.

Deadline.
Consultation.
Update.

SEC. 8433. DOCUMENTATION OF LNG TANKERS.

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125 Stat. 754.

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(a) ‘‘Safari Voyager’’.—
(1) IN GENERAL.—Notwithstanding sections 12112 and
12132 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating shall issue
a certificate of documentation with a coastwise endorsement
for the vessel Safari Voyager (International Maritime Organization number 8963753).
(2) REVOCATION OF EFFECTIVENESS OF CERTIFICATE.—A certificate of documentation issued under paragraph (1) is revoked
on the date of the sale of the vessel or the entity that owns
the vessel.
(b) ‘‘Pacific Provider’’.—
(1) IN GENERAL.—Notwithstanding sections 12112 and
12132 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue
a certificate of documentation with a coastwise endorsement
for the vessel Pacific Provider (United States official number
597967).
(2) REVOCATION OF EFFECTIVENESS OF CERTIFICATE.—A certificate of documentation issued under paragraph (1) is revoked
on the date of the sale of the vessel or the entity that owns
the vessel.
(c) AMERICA’S CUP ACT OF 2011.—Section 7(b) of the America’s
Cup Act of 2011 (Public Law 112–61) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘of the vessel on the date of enactment
of this Act’’; and
(B) by inserting before the period the following: ‘‘,
unless prior to any such sale the vessel has been operated

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134 STAT. 4735

in a coastwise trade for not less than 1 year after the
date of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020 and prior to sale of vessel’’;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
‘‘(2) LIMITATION ON OWNERSHIP.—The Secretary of the
department in which the Coast Guard is operating may only
issue a certificate of documentation with a coastwise endorsement to a vessel designated in paragraph (1) if the owner
of the vessel is an individual or individuals who are citizens
of the United States, or is an entity deemed to be such a
citizen under section 50501 of title 46, United States Code.
‘‘(3) LIMITATION ON REPAIR AND MODIFICATION.—
‘‘(A) REQUIREMENT.—Any qualified work shall be performed at a shipyard facility located in the United States.
‘‘(B) EXCEPTIONS.—The requirement in subparagraph
(A) does not apply to any qualified work—
‘‘(i) for which the owner or operator enters into
a binding agreement no later than 1 year after the
date of enactment of the Elijah E. Cummings Coast
Guard Authorization Act of 2020; or
‘‘(ii) necessary for the safe towage of the vessel
from outside the United States to a shipyard facility
in the United States for completion of the qualified
work.
‘‘(C) DEFINITION.—In this paragraph, qualified work
means repair and modification necessary for the issuance
of a certificate of inspection issued as a result of the waiver
for which a coastwise endorsement is issued under paragraph (1).’’.
SEC. 8434. REPLACEMENT VESSEL.

Notwithstanding section 208(g)(5) of the American Fisheries
Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible
under section 208(e)(21) of such Act that is replaced under section
208(g) of such Act shall be subject to a sideboard restriction catch
limit of zero metric tons in the Bering Sea and Aleutian Islands
and in the Gulf of Alaska unless that vessel is also a replacement
vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/
processor under section 206(b)(2) of such Act.

Certificate.

Contracts.
Deadline.

16 USC 1851
note.

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SEC. 8435. EDUCATIONAL VESSEL.

(a) IN GENERAL.—Notwithstanding section 12112(a)(2) of title
46, United States Code, the Secretary of the department in which
the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Oliver Hazard
Perry (IMO number 8775560; United States official number
1257224).
(b) TERMINATION OF EFFECTIVENESS OF ENDORSEMENT.—The
coastwise endorsement authorized under subsection (a) for the
vessel Oliver Hazard Perry (IMO number 8775560; United States
official number 1257224) shall expire on the first date on which
any of the following occurs:
(1) The vessel is sold to a person, including an entity,
that is not related by ownership or control to the person,

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Expiration.

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PUBLIC LAW 116–283—JAN. 1, 2021
including an entity, that owned the vessel on the date of the
enactment of this Act.
(2) The vessel is rebuilt and not rebuilt in the United
States (as defined in section 12101(a) of title 46, United States
Code).
(3) The vessel is no longer operating in primary service
as a sailing school vessel.

33 USC 59mm.

SEC. 8436. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED
STATES FOR CERTAIN PURPOSES.

The Coalbank Slough in Coos Bay, Oregon, is deemed to not
be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations.
SEC. 8437. ANCHORAGES.
New York.

Notice.
Deadline.

Consultation.
New York.
Examination.

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Recommendations.

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(a) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall suspend the establishment of
new anchorage grounds on the Hudson River between Yonkers,
New York, and Kingston, New York, under section 7 of the Rivers
and Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter
700 of title 46, United States Code.
(b) RESTRICTION.—The Commandant may not establish or
expand any anchorage grounds outside of the reach on the Hudson
River described in subsection (a) without first providing notice
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 180 days prior to
the establishment or expansion of any such anchorage grounds.
(c) SAVINGS CLAUSE.—Nothing in this section—
(1) prevents the master or pilot of a vessel operating on
the reach of the Hudson River described in subsection (a)
from taking actions necessary to maintain the safety of the
vessel or to prevent the loss of life or property; or
(2) shall be construed as limiting the authority of the
Secretary of the department in which the Coast Guard is operating to exercise authority over the movement of a vessel under
section 70002 of title 46, United States Code, or any other
applicable laws or regulations governing the safe navigation
of a vessel.
(d) STUDY.—The Commandant of the Coast Guard, in consultation with the Hudson River Safety, Navigation, and Operations
Committee, shall conduct a study of the Hudson River north of
Tarrytown, New York to examine—
(1) the nature of vessel traffic including vessel types, sizes,
cargoes, and frequency of transits;
(2) the risks and benefits of historic practices for commercial vessels anchoring; and
(3) the risks and benefits of establishing anchorage grounds
on the Hudson River.
(e) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings,
conclusions, and recommendations from the study required under
subsection (d).

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134 STAT. 4737

SEC. 8438. COMPTROLLER GENERAL OF THE UNITED STATES STUDY
AND REPORT ON VERTICAL EVACUATION FOR TSUNAMIS
AT COAST GUARD STATIONS IN WASHINGTON AND
OREGON.

(a) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study that examines the potential use,
in the event of a Cascadia subduction zone event, of a vertical
evacuation of Coast Guard personnel stationed at United States
Coast Guard Station Grays Harbor and Sector Field Office
Port Angeles, Washington, and at United States Coast Guard
Station Yaquina Bay and United States Coast Guard Motor
Lifeboat Station Coos Bay, Oregon, and the dependents of such
Coast Guard personnel housed in Coast Guard housing.
(2) ELEMENTS.—The study required under paragraph (1)
shall analyze the following:
(A) The number of such personnel and dependents
to be evacuated.
(B) The resources available to conduct an evacuation,
and the feasibility of a successful evacuation in a case
in which inundation maps and timelines are available.
(C) With the resources available, the amount of time
needed to evacuate such personnel and dependents.
(D) Any resource that is otherwise available within
a reasonable walking distance to the Coast Guard facilities
listed in paragraph (1).
(E) The benefit to the surrounding community of such
a vertical evacuation.
(F) The interoperability of the tsunami warning system
with the Coast Guard communication systems at the Coast
Guard facilities listed in paragraph (1).
(G) Current interagency coordination and communication policies in place for emergency responders to address
a Cascadia subduction zone event.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report containing the findings, conclusions, and recommendations, if any, from the study required under
subsection (a).
SEC. 8439. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL
COAST GUARD MUSEUM ASSOCIATION.

Examination.

Analyses.

Recommendations.

Connecticut.

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(a) IN GENERAL.—Section 316 of title 14, United States Code,
is amended to read as follows:
‘‘§ 316. National Coast Guard Museum
‘‘(a) ESTABLISHMENT.—The Commandant may establish, accept,
operate, maintain and support the Museum, on lands which will
be federally owned and administered by the Coast Guard, and
are located in New London, Connecticut.
‘‘(b) USE OF FUNDS.—
‘‘(1) The Secretary shall not expend any funds appropriated
to the Coast Guard on the construction of any museum established under this section.

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Deadlines.

Certification.

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Deadline.

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‘‘(2) Subject to the availability of appropriations, the Secretary may expend funds appropriated to the Coast Guard
on the engineering and design of a Museum.
‘‘(3) The priority for the use of funds appropriated to the
Coast Guard shall be to preserve, protect, and display historic
Coast Guard artifacts, including the design, fabrication, and
installation of exhibits or displays in which such artifacts are
included.
‘‘(c) FUNDING PLAN.—Not later than 2 years after the date
of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which
the Commandant accepts the Museum under subsection (f), the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan
for constructing, operating, and maintaining such Museum,
including—
‘‘(1) estimated planning, engineering, design, construction,
operation, and maintenance costs;
‘‘(2) the extent to which appropriated, nonappropriated,
and non-Federal funds will be used for such purposes, including
the extent to which there is any shortfall in funding for
engineering, design, or construction;
‘‘(3) an explanation of any environmental remediation
issues related to the land associated with the Museum; and
‘‘(4) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates
provided pursuant to paragraphs (1) and (2) are reasonable
and realistic.
‘‘(d) CONSTRUCTION.—
‘‘(1) The Association may construct the Museum described
in subsection (a).
‘‘(2) The Museum shall be designed and constructed in
compliance with the International Building Code 2018, and
construction performed on Federal land under this section shall
be exempt from State and local requirements for building or
demolition permits.
‘‘(e) AGREEMENTS.—Under such terms and conditions as the
Commandant considers appropriate, notwithstanding section 504,
and until the Commandant accepts the Museum under subsection
(f), the Commandant may—
‘‘(1) license Federal land to the Association for the purpose
of constructing the Museum described in subsection (a); and
‘‘(2)(A) at a nominal charge, lease the Museum from the
Association for activities and operations related to the Museum;
and
‘‘(B) authorize the Association to generate revenue from
the use of the Museum.
‘‘(f) ACCEPTANCE.—Not earlier than 90 days after the Commandant submits the plan under subsection (c), the Commandant
shall accept the Museum from the Association and all right, title,
and interest in and to the Museum shall vest in the United States
when—
‘‘(1) the Association demonstrates, in a manner acceptable
to the Commandant, that the Museum meets the design and
construction requirements of subsection (d); and

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134 STAT. 4739

‘‘(2) all financial obligations of the Association incident
to the National Coast Guard Museum have been satisfied.
‘‘(g) SERVICES.—The Commandant may solicit from the Association and accept services from nonprofit entities, including services
related to activities for construction of the Museum.
‘‘(h) AUTHORITY.—The Commandant may not establish a
Museum except as set forth in this section.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) MUSEUM.—The term ‘Museum’ means the National
Coast Guard Museum.
‘‘(2) ASSOCIATION.—The term ‘Association’ means the
National Coast Guard Museum Association.’’.
(b) BRIEFINGS.—Not later than March 1 of the fiscal year after
the fiscal year in which the report required under subsection (d)
of section 316 of title 14, United States Code, is provided, and
not later than March 1 of each year thereafter until 1 year after
the year in which the National Coast Guard Museum is accepted
pursuant to subsection (f) of such section, the Commandant shall
brief the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the following issues with
respect to the Museum:
(1) The acceptance of gifts.
(2) Engineering.
(3) Design and project status.
(4) Land ownership.
(5) Environmental remediation.
(6) Operation and support issues.
(7) Plans.

Deadline.
Time period.

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SEC. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS.

(a) MAINTENANCE AND PLACEMENT OF VIDEO SURVEILLANCE
EQUIPMENT.—Section 3507(b)(1) of title 46, United States Code,
is amended—
(1) by striking ‘‘The owner’’ and inserting the following:
‘‘(A) IN GENERAL.—The owner’’;
(2) by striking ‘‘, as determined by the Secretary’’; and
(3) by adding at the end, the following:
‘‘(B) PLACEMENT OF VIDEO SURVEILLANCE EQUIPMENT.—
‘‘(i) IN GENERAL.—Not later than 18 months after
the date of the enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, the Commandant in consultation with other relevant Federal
agencies or entities as determined by the Commandant,
shall establish guidance for performance of the risk
assessment described in paragraph (2) regarding the
appropriate placement of video surveillance equipment
in passenger and crew common areas where there is
no reasonable expectation of privacy.
‘‘(ii) RISK ASSESSMENT.—Not later than 1 year after
the Commandant establishes the guidance described
in paragraph (1), the owner shall conduct the risk
assessment required under paragraph (1) and shall—
‘‘(I) evaluate the placement of video surveillance equipment to deter, prevent, and record a
sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary,

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Deadline.
Consultation.
Determination.

Evaluation.

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134 STAT. 4740

crew complement, number of passengers, passenger demographics, and historical data on the
type and location of prior sexual assault incident
allegations;
‘‘(II) incorporate to the maximum extent practicable the video surveillance guidance established
by the Commandant regarding the appropriate
placement of video surveillance equipment;
‘‘(III) arrange for the risk assessment to be
conducted by an independent third party with
expertise in the use and placement of camera
surveillance to deter, prevent and record criminal
behavior; and
‘‘(IV) the independent third party referred to
in paragraph (C) shall be a company that has
been accepted by a classification society that is
a member of the International Association of
Classification Societies (hereinafter referred to as
‘IACS’) or another classification society recognized
by the Secretary as meeting acceptable standards
for such a society pursuant to section 3316(b).
‘‘(C) SURVEILLANCE PLAN.—Not later than 180 days
after completion of the risk assessment conducted under
subparagraph (B)(ii), the owner of a vessel shall develop
a plan to install video surveillance equipment in places
determined to be appropriate in accordance with the results
of the risk assessment conducted under subparagraph
(B)(ii), except in areas where a person has a reasonable
expectation of privacy. Such plan shall be evaluated and
approved by an independent third party with expertise
in the use and placement of camera surveillance to deter,
prevent and record criminal behavior that has been
accepted as set forth in paragraph (2)(D).
‘‘(D) INSTALLATION.—The owner of a vessel to which
this section applies shall, consistent with the surveillance
plan approved under subparagraph (C), install appropriate
video surveillance equipment aboard the vessel not later
than 2 years after approval of the plan, or during the
next scheduled drydock, whichever is later.
‘‘(E) ATTESTATION.—At the time of initial installation
under subparagraph (D), the vessel owner shall obtain
written attestations from—
‘‘(i) an IACS classification society that the video
surveillance equipment is installed in accordance with
the surveillance plan required under subparagraph (C);
and
‘‘(ii) the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year
thereafter.
‘‘(F) UPDATES.—The vessel owner shall ensure the risk
assessment described in subparagraph (B)(ii) and installation plan in subparagraph (C) are updated not later than
5 years after the initial installation conducted under
subparagraph (D), and every 5 years thereafter. The
updated assessment and plan shall be approved by an
independent third party with expertise in the use and

Deadline.

Evaluation.
Approval.

Applicability.

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Deadlines.
Time period.

Approval.

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134 STAT. 4741

placement of camera surveillance to deter, prevent, and
record criminal behavior that has been accepted by an
IACS classification society. The vessel owner shall implement the updated installation plan not later than 180
days after approval.
‘‘(G) AVAILABILITY.—Each risk assessment, installation
plan and attestation shall be protected from disclosure
under the Freedom of Information Act, section 552 of title
5 but shall be available to the Coast Guard—
‘‘(i) upon request, and
‘‘(ii) at the time of the certificate of compliance
or certificate of inspection examination.
‘‘(H) DEFINITIONS.—For purposes of this section a ‘ship
security officer’ is an individual that, with the master’s
approval, has full responsibility for vessel security consistent with the International Ship and Port Facility Security Code.’’.
(b) ACCESS TO VIDEO RECORDS; NOTICE OF VIDEO SURVEILLANCE.—Section 3507(b) of title 46, United States Code, is further
amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
‘‘(2) NOTICE OF VIDEO SURVEILLANCE.—The owner of a
vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the public of
the presence of video surveillance equipment.’’;
(3) in paragraph (3), as so redesignated—
(A) by striking ‘‘The owner’’ and inserting the following:
‘‘(A) LAW ENFORCEMENT.—The owner’’; and
(B) by adding at the end the following:
‘‘(B) CIVIL ACTIONS.—Except as proscribed by law
enforcement authorities or court order, the owner of a
vessel to which this section applies shall, upon written
request, provide to any individual or the individual’s legal
representative a copy of all records of video surveillance—
‘‘(i) in which the individual is a subject of the
video surveillance; and
‘‘(ii) that may provide evidence of any sexual
assault incident in a civil action.
‘‘(C) LIMITED ACCESS.—The owner of a vessel to which
this section applies shall ensure that access to records
of video surveillance is limited to the purposes described
in this paragraph.’’.
(c) RETENTION REQUIREMENTS.—
(1) IN GENERAL.—Section 3507(b) of title 46, United States
Code, is further amended by adding at the end the following:
‘‘(4) RETENTION REQUIREMENTS.—The owner of a vessel to
which this section applies shall retain all records of video
surveillance for not less than 20 days after the footage is
obtained. The vessel owner shall include a statement in the
security guide required by subsection (c)(1)(A) that the vessel
owner is required by law to retain video surveillance footage
for the period specified in this paragraph. If an incident
described in subsection (g)(3)(A)(i) is alleged and reported to
law enforcement, all records of video surveillance from the
voyage that the Federal Bureau of Investigation determines
are relevant shall—

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Applicability.

Determination.

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(A) be provided to the Federal Bureau of Investigation;
and
‘‘(B) be preserved by the vessel owner for not less
than 4 years from the date of the alleged incident.’’.
(2) ADMINISTRATIVE PROVISIONS.—
(A) STUDY AND REPORT.—Each owner of a vessel to
which section 3507 of title 46, United States Code, applies
shall, not later than March 1, 2023, submit to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report detailing
the total number of voyages for the preceding year and
the percentage of those voyages that were 30 days or longer.
(B) INTERIM STANDARDS.—Not later than 180 days after
the date of enactment of this Act, the Commandant, in
consultation with the Federal Bureau of Investigation, shall
promulgate interim standards for the retention of records
of video surveillance.
(C) FINAL STANDARDS.—Not later than 1 year after
the date of enactment of this Act, the Commandant, in
consultation with the Federal Bureau of Investigation, shall
promulgate final standards for the retention of records
of video surveillance.
(D) CONSIDERATIONS.—In promulgating standards
under subparagraphs (B) and (B), the Commandant shall—
(i) consider factors that would aid in the investigation of serious crimes, including the results of the
report by the Commandant provided under subparagraph (A), as well as crimes that go unreported until
after the completion of a voyage;
(ii) consider the different types of video surveillance systems and storage requirements in creating
standards both for vessels currently in operation and
for vessels newly built;
(iii) consider privacy, including standards for
permissible access to and monitoring and use of the
records of video surveillance; and
(iv) consider technological advancements, including
requirements to update technology.

46 USC 3507
note.

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SEC. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS.

(a) IN GENERAL.—Section 3306 of title 46, United States Code,
is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting
‘‘, including covered small passenger vessels (as defined
in subsection (n)(5))’’ after ‘‘vessels subject to inspection’’;
and
(B) in paragraph (5), by inserting before the period
at the end ‘‘, including rechargeable devices utilized for
personal or commercial electronic equipment’’; and
(2) by adding at the end the following:
‘‘(n) COVERED SMALL PASSENGER VESSELS.—
‘‘(1) REGULATIONS.—The Secretary shall prescribe additional regulations to secure the safety of individuals and property on board covered small passenger vessels.

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134 STAT. 4743

‘‘(2) COMPREHENSIVE REVIEW.—In order to prescribe the
regulations under paragraph (1), the Secretary shall conduct
a comprehensive review of all requirements (including calculations), in existence on the date of enactment of the Elijah
E. Cummings Coast Guard Authorization Act of 2020, that
apply to covered small passenger vessels, with respect to fire
detection, protection, and suppression systems, and avenues
of egress, on board such vessels.
‘‘(3) REQUIREMENTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
regulations prescribed under paragraph (1) shall include,
with respect to covered small passenger vessels, regulations
for—
‘‘(i) marine firefighting training programs to
improve crewmember training and proficiency,
including emergency egress training for each member
of the crew, to occur for all members on the crew—
‘‘(I) at least monthly while such members are
employed on board the vessel; and
‘‘(II) each time a new crewmember joins the
crew of such vessel;
‘‘(ii) in all areas on board the vessel where passengers and crew have access, including dining areas,
sleeping quarters, and lounges—
‘‘(I) interconnected fire detection equipment,
including audible and visual alarms; and
‘‘(II) additional fire extinguishers and other
firefighting equipment;
‘‘(iii) the installation and use of monitoring devices
to ensure the wakefulness of the required night watch;
‘‘(iv) increased fire detection and suppression systems (including additional fire extinguishers) on board
such vessels in unmanned areas with machinery or
areas with other potential heat sources;
‘‘(v) all general areas accessible to passengers to
have no less than 2 independent avenues of escape
that are—
‘‘(I) constructed and arranged to allow for free
and unobstructed egress from such areas;
‘‘(II) located so that if one avenue of escape
is not available, another avenue of escape is available; and
‘‘(III) not located directly above, or dependent
on, a berth;
‘‘(vi) the handling, storage, and operation of flammable items, such as rechargeable batteries, including
lithium ion batteries utilized for commercial purposes
on board such vessels;
‘‘(vii) passenger emergency egress drills for all
areas on the vessel to which passengers have access,
which shall occur prior to the vessel beginning each
excursion; and
‘‘(viii) all passengers to be provided a copy of the
emergency egress plan for the vessel.
‘‘(B) APPLICABILITY TO CERTAIN COVERED SMALL PASSENGER VESSELS.—The requirements described in clauses
(iii), (v), (vii), and (viii) of subparagraph (A) shall only

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PUBLIC LAW 116–283—JAN. 1, 2021

apply to a covered small passenger vessel that has overnight passenger accommodations.
‘‘(4) INTERIM REQUIREMENTS.—
‘‘(A) INTERIM REQUIREMENTS.—The Secretary shall,
prior to issuing final regulations under paragraph (1),
implement interim requirements to enforce the requirements under paragraph (3).
‘‘(B) IMPLEMENTATION.—The Secretary shall implement
the interim requirements under subparagraph (A) without
regard to chapters 5 and 6 of title 5 and Executive Order
Nos. 12866 and 13563 (5 U.S.C. 601 note; relating to regulatory planning and review and relating to improving regulation and regulatory review).
‘‘(5) DEFINITION OF COVERED SMALL PASSENGER VESSEL.—
In this subsection, the term ‘covered small passenger vessel’—
‘‘(A) except as provided in subparagraph (B), means
a small passenger vessel (as defined in section 2101) that—
‘‘(i) has overnight passenger accommodations; or
‘‘(ii) is operating on a coastwise or oceans route;
and
‘‘(B) does not include a ferry (as defined in section
2101) or fishing vessel (as defined in section 2101).’’.
(b) SECTION 3202.—Section 3202(b) of title 46, United States
Code, is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2) by striking ‘‘This chapter’’ and inserting the following:
‘‘(1) IN GENERAL.—This chapter’’; and
(3) by adding at the end the following:
‘‘(2) SAFETY MANAGEMENT SYSTEM.—Notwithstanding any
other provision in this chapter, including paragraph (1)(B),
any regulations under section 3203, including the safety
management system established by such regulations, issued
on or after the date of enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).’’.
(c) SECTION 3203.—Section 3203(a) of title 46, United States
Code, is amended by inserting ‘‘(including, for purposes of this
section, all covered small passenger vessels, as defined in section
3306(n)(5))’’ after ‘‘vessels to which this chapter applies’’.

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TITLE
LVXXXV—TECHNICAL,
CONFORMING, AND CLARIFYING AMENDMENTS

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

8501.
8502.
8503.
8504.
8505.
8506.
8507.
8508.

Sec.
Sec.
Sec.
Sec.
Sec.

8509.
8510.
8511.
8512.
8513.

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Transfers.
Additional transfers.
License exemptions; repeal of obsolete provisions.
Maritime transportation system.
References to ‘‘persons’’ and ‘‘seamen’’.
References to ‘‘himself’’ and ‘‘his’’.
Miscellaneous technical corrections.
Technical corrections relating to codification of Ports and Waterways
Safety Act.
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.

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134 STAT. 4745

SEC. 8501. TRANSFERS.

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(a) IN GENERAL.—
(1) Section 215 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 14 U.S.C. 504 note)
is redesignated as section 322 of title 14, United States Code,
transferred to appear after section 321 of such title (as added
by this division), and amended so that the enumerator, section
heading, typeface, and typestyle conform to those appearing
in other sections in title 14, United States Code.
(2) Section 406 of the Maritime Transportation Security
Act of 2002 (Public Law 107–295; 14 U.S.C. 501 note) is redesignated as section 720 of title 14, United States Code, transferred
to appear after section 719 of such title (as added by this
division), and amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in other
sections in title 14, United States Code.
(3) Section 1110 of title 14, United States Code, is redesignated as section 5110 of such title and transferred to appear
after section 5109 of such title (as added by this division).
(4) Section 401 of the Coast Guard Authorization Act of
2010 (Public Law 111–281) is amended by striking subsection
(e).
(5) Subchapter I of chapter 11 of title 14, United States
Code, as amended by this division, is amended by inserting
after section 1109 the following:
‘‘§ 1110. Elevation of disputes to the Chief Acquisition Officer
‘‘If, after 90 days following the elevation to the Chief Acquisition
Officer of any design or other dispute regarding level 1 or level
2 acquisition, the dispute remains unresolved, the Commandant
shall provide to the appropriate congressional committees a detailed
description of the issue and the rationale underlying the decision
taken by the Chief Acquisition Officer to resolve the issue.’’.
(6) Section 7 of the Rivers and Harbors Appropriations
Act of 1915 (33 U.S.C. 471) is amended—
(A) by transferring such section to appear after section
70005 of title 46, United States Code;
(B) by striking ‘‘SEC. 7.’’ and inserting ‘‘§70006.
Establishment by Secretary of the department in
which the Coast Guard is operating of anchorage
grounds and regulations generally’’; and
(C) by adjusting the margins with respect to subsections (a) and (b) for the presence of a section heading
accordingly.
(7) Section 217 of the Coast Guard Authorization Act of
2010 (Public Law 111–281; 14 U.S.C. 504 note)—
(A) is redesignated as section 5112 of title 14, United
States Code, transferred to appear after section 5111 of
such title (as added by this division), and amended so
that the enumerator, section heading, typeface, and
typestyle conform to those appearing in other sections in
title 14, United States Code; and
(B) is amended—
(i) by striking the heading and inserting the following:

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14 USC 308 note.

14 USC 1110.

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14 USC 301 prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘§ 5112. Sexual assault and sexual harassment in the Coast
Guard’’; and
(ii) in subsection (b), by adding at the end the
following:
‘‘(5)(A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against
the individual.
‘‘(B) The number of instances in which adverse action was
taken against a covered individual who was accused of collateral
misconduct or crimes as described in subparagraph (A).
‘‘(C) The percentage of investigations of sexual assaults
that involved an accusation or adverse action against a covered
individual as described in subparagraphs (A) and (B).
‘‘(D) In this paragraph, the term ‘covered individual’ means
an individual who is identified as a victim of a sexual assault
in the case files of a military criminal investigative organization.’’.
(b) CLERICAL AMENDMENTS.—
(1) The analysis for chapter 3 of title 14, United States
Code, as amended by this division, is further amended by
adding at the end the following:
‘‘322. Redistricting notification requirement.’’.

(2) The analysis for chapter 7 of title 14, United States
Code, as amended by this division, is further amended by
adding at the end the following:

14 USC 701 prec.

‘‘720. VHF communication services.’’.

(3) The analysis for chapter 11 of title 14, United States
Code, is amended by striking the item relating to section 1110
and inserting the following:

14 USC 1101
prec.

‘‘1110. Elevation of disputes to the Chief Acquisition Officer.’’.

(4) The analysis for chapter 51 of title 14, United States
Code, as amended by this division, is further amended by
adding at the end the following:

14 USC 5101
prec.

‘‘5110. Mission need statement.
‘‘5111. Report on diversity at Coast Guard Academy.
‘‘5112. Sexual assault and sexual harassment in the Coast Guard.’’.

(5) The analysis for chapter 700 of title 46, United States
Code, is further amended by inserting after the item relating
to section 70005 the following:

46 USC 70001
prec.

‘‘70006. Establishment by the Secretary of the department in which the Coast
Guard is operating of anchorage grounds and regulations generally.’’.

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SEC. 8502. ADDITIONAL TRANSFERS.
(a) SECTION 204 OF THE MARINE
ACT.—

TRANSPORTATION SECURITY

(1) The Maritime Transportation Security Act of 2002 is
amended by striking section 204 (33 U.S.C. 1902a).
(2) Section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902)—
(A) is amended by redesignating subsections (e)
through (i) as subsections (f) through (j) respectively; and
(B) by inserting after subsection (d) the following:
‘‘(e) DISCHARGE OF AGRICULTURAL CARGO RESIDUE.—Notwithstanding any other provision of law, the discharge from a vessel
of any agricultural cargo residue material in the form of hold
washings shall be governed exclusively by the provisions of this

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134 STAT. 4747

Act that implement Annex V to the International Convention for
the Prevention of Pollution from Ships.’’.
(b) LNG TANKERS.—
(1) The Coast Guard and Maritime Transportation Act
of 2006 is amended by striking section 304 (Public Law 109–
241; 120 Stat. 527).
(2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C.
1504) is amended by adding at the end the following:
‘‘(j) LNG TANKERS.—
‘‘(1) PROGRAM.—The Secretary of Transportation shall
develop and implement a program to promote the transportation of liquefied natural gas to and from the United States
on United States flag vessels.
‘‘(2) INFORMATION TO BE PROVIDED.—When the Coast Guard
is operating as a contributing agency in the Federal Energy
Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located
on shore or within State seaward boundaries, the Coast Guard
shall provide to the Commission the information described in
section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(c)(2)(K)) with respect to vessels reasonably anticipated
to be servicing that port.’’.

33 USC 1503
note, 1504 note.

SEC. 8503. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS.

(a) SERVICE UNDER LICENSES ISSUED WITHOUT EXAMINATION.—
(1) REPEAL.—Section 8303 of title 46, United States Code,
and the item relating to that section in the analysis for chapter
83 of that title, are repealed.
(2) CONFORMING AMENDMENT.—Section 14305(a)(10) of title
46, United States Code, is amended by striking ‘‘sections 8303
and 8304’’ and inserting ‘‘section 8304’’.
(b) STANDARDS FOR TANK VESSELS OF THE UNITED STATES.—
Section 9102 of title 46, United States Code, is amended—
(1) by striking ‘‘(a)’’ before the first sentence; and
(2) by striking subsection (b).

46 USC 8301
prec.

SEC. 8504. MARITIME TRANSPORTATION SYSTEM.

(a) MARITIME TRANSPORTATION SYSTEM.—Section 312(b)(4) of
title 14, United States Code, is amended by striking ‘‘marine
transportation system’’ and inserting ‘‘maritime transportation
system’’.
(b) CLARIFICATION OF REFERENCE TO MARINE TRANSPORTATION
SYSTEM PROGRAMS.—Section 50307(a) of title 46, United States
Code, is amended by striking ‘‘marine transportation’’ and inserting
‘‘maritime transportation’’.

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SEC. 8505. REFERENCES TO ‘‘PERSONS’’ AND ‘‘SEAMEN’’.

(a) TECHNICAL CORRECTION OF REFERENCES TO ‘‘PERSONS’’.—
Title 14, United States Code, is amended as follows:
(1) In section 312(d), by striking ‘‘persons’’ and inserting
‘‘individuals’’.
(2) In section 313(d)(2)(B), by striking ‘‘person’’ and
inserting ‘‘individual’’.
(3) In section 504—
(A) in subsection (a)(19)(B), by striking ‘‘a person’’ and
inserting ‘‘an individual’’; and
(B) in subsection (c)(4), by striking ‘‘seamen;’’ and
inserting ‘‘mariners;’’.

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PUBLIC LAW 116–283—JAN. 1, 2021
(4) In section 521, by striking ‘‘persons’’ each place it
appears and inserting ‘‘individuals’’.
(5) In section 522—
(A) by striking ‘‘a person’’ and inserting ‘‘an individual’’;
and
(B) by striking ‘‘person’’ the second and third place
it appears and inserting ‘‘individual’’.
(6) In section 525(a)(1)(C)(ii), by striking ‘‘person’’ and
inserting ‘‘individual’’.
(7) In section 526—
(A) by striking ‘‘person’’ each place it appears and
inserting ‘‘individual’’;
(B) by striking ‘‘persons’’ each place it appears and
inserting ‘‘individuals’’; and
(C) in subsection (b), by striking ‘‘person’s’’ and
inserting ‘‘individual’s’’.
(8) In section 709—
(A) by striking ‘‘persons’’ and inserting ‘‘individuals’’;
and
(B) by striking ‘‘person’’ and inserting ‘‘individual’’.
(9) In section 933(b), by striking ‘‘Every person’’ and
inserting ‘‘An individual’’.
(10) In section 1102(d), by striking ‘‘persons’’ and inserting
‘‘individuals’’.
(11) In section 1902(b)(3)—
(A) in subparagraph (A), by striking ‘‘person or persons’’ and inserting ‘‘individual or individuals’’; and
(B) in subparagraph (B), by striking ‘‘person’’ and
inserting ‘‘individual’’.
(12) In section 1941(b), by striking ‘‘persons’’ and inserting
‘‘individuals’’.
(13) In section 2101(b), by striking ‘‘person’’ and inserting
‘‘individual’’.
(14) In section 2102(c), by striking ‘‘A person’’ and inserting
‘‘An individual’’.
(15) In section 2104(b)—
(A) by striking ‘‘persons’’ and inserting ‘‘individuals’’;
and
(B) by striking ‘‘A person’’ and inserting ‘‘An individual’’.
(16) In section 2118(d), by striking ‘‘person’’ and inserting
‘‘individual who is’’.
(17) In section 2147(d), by striking ‘‘a person’’ and inserting
‘‘an individual’’.
(18) In section 2150(f), by striking ‘‘person’’ and inserting
‘‘individual who is’’.
(19) In section 2161(b), by striking ‘‘person’’ and inserting
‘‘individual’’.
(20) In section 2317—
(A) by striking ‘‘persons’’ and inserting ‘‘individuals’’;
(B) by striking ‘‘person’’ each place it appears and
inserting ‘‘individual’’; and
(C) in subsection (c)(2), by striking ‘‘person’s’’ and
inserting ‘‘individual’s’’.
(21) In section 2531—
(A) by striking ‘‘person’’ each place it appears and
inserting ‘‘individual’’; and

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134 STAT. 4749

(B) by striking ‘‘persons’’ each place it appears and
inserting ‘‘individuals’’.
(22) In section 2709, by striking ‘‘persons’’ and inserting
‘‘individuals’’.
(23) In section 2710—
(A) by striking ‘‘persons’’ and inserting ‘‘individuals’’;
and
(B) by striking ‘‘person’’ each place it appears and
inserting ‘‘individual’’.
(24) In section 2711(b), by striking ‘‘person’’ and inserting
‘‘individual’’.
(25) In section 2732, by striking ‘‘a person’’ and inserting
‘‘an individual’’.
(26) In section 2733—
(A) by striking ‘‘A person’’ and inserting ‘‘An individual’’; and
(B) by striking ‘‘that person’’ and inserting ‘‘that individual’’.
(27) In section 2734, by striking ‘‘person’’ each place it
appears and inserting ‘‘individual’’.
(28) In section 2735, by striking ‘‘a person’’ and inserting
‘‘an individual’’.
(29) In section 2736, by striking ‘‘person’’ and inserting
‘‘individual’’.
(30) In section 2737, by striking ‘‘a person’’ and inserting
‘‘an individual’’.
(31) In section 2738, by striking ‘‘person’’ and inserting
‘‘individual’’.
(32) In section 2739, by striking ‘‘person’’ and inserting
‘‘individual’’.
(33) In section 2740—
(A) by striking ‘‘person’’ and inserting ‘‘individual’’; and
(B) by striking ‘‘one’’ the second place it appears.
(34) In section 2741—
(A) in subsection (a), by striking ‘‘a person’’ and
inserting ‘‘an individual’’;
(B) in subsection (b)(1), by striking ‘‘person’s’’ and
inserting ‘‘individual’s’’; and
(C) in subsection (b)(2), by striking ‘‘person’’ and
inserting ‘‘individual’’.
(35) In section 2743, by striking ‘‘person’’ each place it
appears and inserting ‘‘individual’’.
(36) In section 2744—
(A) in subsection (b), by striking ‘‘a person’’ and
inserting ‘‘an individual’’; and
(B) in subsections (a) and (c), by striking ‘‘person’’
each place it appears and inserting ‘‘individual’’.
(37) In section 2745, by striking ‘‘person’’ and inserting
‘‘individual’’.
(38)(A) In section 2761—
(i) in the section heading, by striking ‘‘Persons’’ and
inserting ‘‘Individuals’’;
(ii) by striking ‘‘persons’’ and inserting ‘‘individuals’’;
and
(iii) by striking ‘‘person’’ and inserting ‘‘individual’’.

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134 STAT. 4750

PUBLIC LAW 116–283—JAN. 1, 2021
(B) In the analysis for chapter 27, by striking the item
relating to section 2761 and inserting the following:

14 USC 2710
prec.

‘‘2761. Individuals discharged as result of court-martial; allowances to.’’.

(39)(A) In the heading for section 2767, by striking ‘‘persons’’ and inserting ‘‘individuals’’.
(B) In the analysis for chapter 27, by striking the item
relating to section 2767 and inserting the following:
‘‘2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States.’’.

(40) In section 2769—
(A) by striking ‘‘a person’s’’ and inserting ‘‘an individual’s’’; and
(B) in paragraph (1), by striking ‘‘person’’ and inserting
‘‘individual’’.
(41) In section 2772(a)(2), by striking ‘‘person’’ and inserting
‘‘individual’’.
(42) In section 2773—
(A) in subsection (b), by striking ‘‘persons’’ each place
it appears and inserting ‘‘individuals’’; and
(B) in subsection (d), by striking ‘‘a person’’ and
inserting ‘‘an individual’’.
(43) In section 2775, by striking ‘‘person’’ each place it
appears and inserting ‘‘individual’’.
(44) In section 2776, by striking ‘‘person’’ and inserting
‘‘individual’’.
(45)(A) In section 2777—
(i) in the heading, by striking ‘‘persons’’ and inserting
‘‘individuals’’; and
(ii) by striking ‘‘persons’’ each place it appears and
inserting ‘‘individuals’’.
(B) In the analysis for chapter 27, by striking the item
relating to section 2777 and inserting the following:

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‘‘2777. Clothing for destitute shipwrecked individuals.’’.

(46) In section 2779, by striking ‘‘persons’’ each place it
appears and inserting ‘‘individuals’’.
(47) In section 2902(c), by striking ‘‘person’’ and inserting
‘‘individual’’.
(48) In section 2903(b), by striking ‘‘person’’ and inserting
‘‘individual’’.
(49) In section 2904(b)(1)(B), by striking ‘‘a person’’ and
inserting ‘‘an individual’’.
(50) In section 3706—
(A) by striking ‘‘a person’’ and inserting ‘‘an individual’’;
and
(B) by striking ‘‘person’s’’ and inserting ‘‘individual’s’’.
(51) In section 3707—
(A) in subsection (c)—
(i) by striking ‘‘person’’ and inserting ‘‘individual’’;
and
(ii) by striking ‘‘person’s’’ and inserting ‘‘individual’s’’; and
(B) in subsection (e), by striking ‘‘a person’’ and
inserting ‘‘an individual’’.
(52) In section 3708, by striking ‘‘person’’ each place it
appears and inserting ‘‘individual’’.
(53) In section 3738—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4751

(A) by striking ‘‘a person’’ each place it appears and
inserting ‘‘an individual’’;
(B) by striking ‘‘person’s’’ and inserting ‘‘individual’s’’;
and
(C) by striking ‘‘A person’’ and inserting ‘‘An individual’’.
(b) CORRECTION OF REFERENCES TO PERSONS AND SEAMEN.—
(1) Section 2303a(a) of title 46, United States Code, is
amended by striking ‘‘persons’’ and inserting ‘‘individuals’’.
(2) Section 2306(a)(3) of title 46, United States Code, is
amended to read as follows:
‘‘(3) An owner, charterer, managing operator, or agent of a
vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall—
‘‘(A) provide the name and identification number of the
vessel, the names of individuals on board, and other information
that may be requested by the Coast Guard; and
‘‘(B) submit written confirmation to the Coast Guard within
24 hours after nonwritten notification to the Coast Guard under
such paragraphs.’’.
(3) Section 7303 of title 46, United States Code, is amended
by striking ‘‘seaman’’ each place it appears and inserting ‘‘individual’’.
(4) Section 7319 of title 46, United States Code, is amended
by striking ‘‘seaman’’ each place it appears and inserting ‘‘individual’’.
(5) Section 7501(b) of title 46, United States Code, is
amended by striking ‘‘seaman’’ and inserting ‘‘holder’’.
(6) Section 7508(b) of title 46, United States Code, is
amended by striking ‘‘individual seamen or a specifically identified group of seamen’’ and inserting ‘‘an individual or a specifically identified group of individuals’’.
(7) Section 7510 of title 46, United States Code, is
amended—
(A) in subsection (c)(8)(B), by striking ‘‘merchant seamen’’ and inserting ‘‘merchant mariner’’; and
(B) in subsection (d), by striking ‘‘merchant seaman’’
and inserting ‘‘merchant mariner’’.
(8) Section 8103(k)(3)(C) of title 46, United States Code,
is amended by striking ‘‘merchant mariners’’ each place it
appears and inserting ‘‘merchant mariner’s’’.
(9) Section 8104 of title 46, United States Code, is
amended—
(A) in subsection (c), by striking ‘‘a licensed individual
or seaman’’ and inserting ‘‘an individual’’;
(B) in subsection (d), by striking ‘‘A licensed individual
or seaman’’ and inserting ‘‘An individual’’;
(C) in subsection (e), by striking ‘‘a seaman’’ each place
it appears and inserting ‘‘an individual’’; and
(D) in subsection (j), by striking ‘‘seaman’’ and inserting
‘‘individual’’.
(10) Section 8302(d) of title 46, United States Code, is
amended by striking ‘‘3 persons’’ and inserting ‘‘3 individuals’’.
(11) Section 11201 of title 46, United States Code, is
amended by striking ‘‘a person’’ each place it appears and
inserting ‘‘an individual’’.

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134 STAT. 4752

PUBLIC LAW 116–283—JAN. 1, 2021
(12) Section 11202 of title 46, United States Code, is
amended—
(A) by striking ‘‘a person’’ and inserting ‘‘an individual’’;
and
(B) by striking ‘‘the person’’ each place it appears and
inserting ‘‘the individual’’.
(13) Section 11203 of title 46, United States Code, is
amended—
(A) by striking ‘‘a person’’ each place it appears and
inserting ‘‘an individual’’; and
(B) in subsection (a)(2), by striking ‘‘that person’’ and
inserting ‘‘that individual’’.
(14) Section 15109(i)(2) of title 46, United States Code,
is amended by striking ‘‘additional persons’’ and inserting ‘‘additional individuals’’.

SEC. 8506. REFERENCES TO ‘‘HIMSELF’’ AND ‘‘HIS’’.

(a) Section 1927 of title 14, United States Code, is amended
by—
(1) striking ‘‘of his initial’’ and inserting ‘‘of an initial’’;
and
(2) striking ‘‘from his pay’’ and inserting ‘‘from the pay
of such cadet’’.
(b) Section 2108(b) of title 14, United States Code, is amended
by striking ‘‘himself’’ and inserting ‘‘such officer’’.
(c) Section 2732 of title 14, United States Code, as amended
by this division, is further amended—
(1) by striking ‘‘distinguishes himself conspicuously by’’
and inserting ‘‘displays conspicuous’’; and
(2) by striking ‘‘his’’ and inserting ‘‘such individual’s’’.
(d) Section 2736 of title 14, United States Code, as amended
by this division, is further amended by striking ‘‘distinguishes himself by’’ and inserting ‘‘performs’’.
(e) Section 2738 of title 14, United States Code, as amended
by this division, is further amended by striking ‘‘distinguishes himself by’’ and inserting ‘‘displays’’.
(f) Section 2739 of title 14, United States Code, as amended
by this division, is further amended by striking ‘‘distinguishes himself by’’ and inserting ‘‘displays’’.
(g) Section 2742 of title 14, United States Code, is amended
by striking ‘‘he distinguished himself’’ and inserting ‘‘of the acts
resulting in the consideration of such award’’.
(h) Section 2743 of title 14, United States Code, as amended
by this division, is further amended—
(1) by striking ‘‘distinguishes himself’’; and
(2) by striking ‘‘he’’ and inserting ‘‘such individual’’.

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SEC. 8507. MISCELLANEOUS TECHNICAL CORRECTIONS.

(a) MISCELLANEOUS TECHNICAL CORRECTIONS.—
(1) Section 3305(d)(3)(B) of title 46, United States Code,
is amended by striking ‘‘Coast Guard Authorization Act of
2017’’ and inserting ‘‘Frank LoBiondo Coast Guard Authorization Act of 2018’’.
(2) Section 4312 of title 46, United States Code, is amended
by striking ‘‘Coast Guard Authorization Act of 2017’’ each place
it appears and inserting ‘‘Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282)’’.

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134 STAT. 4753

(3) The analysis for chapter 700 of title 46, United States
Code, is amended—
(A) by striking the item relating to the heading for
the first subchapter and inserting the following:
‘‘SUBCHAPTER I—VESSEL

46 USC 70001
prec.

OPERATIONS’’;

(B) by striking the item relating to the heading for
the second subchapter and inserting the following:
‘‘SUBCHAPTER II—PORTS

AND WATERWAYS SAFETY’’;

(C) by striking the item relating to the heading for
the third subchapter and the item relating to section 70021
of such chapter and inserting the following:
‘‘SUBCHAPTER III—CONDITIONS FOR ENTRY INTO PORTS IN THE
‘‘70021. Conditions for entry into ports in the United States.’’;

UNITED STATES

(D) by striking the item relating to the heading for
the fourth subchapter and inserting the following:
‘‘SUBCHAPTER

IV—DEFINITIONS REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS,
APPLICABILITY’’;

(E) by striking the item relating to the heading for
the fifth subchapter and inserting the following:
‘‘SUBCHAPTER V—REGATTAS

AND MARINE PARADES’’;

and
(F) by striking the item relating to the heading for
the sixth subchapter and inserting the following:
‘‘SUBCHAPTER

VI—REGULATION OF VESSELS IN TERRITORIAL WATERS OF THE UNITED

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STATES’’.

(4) Section 70031 of title 46, United States Code, is
amended by striking ‘‘A through C’’ and inserting ‘‘I through
III’’.
(5) Section 70032 of title 46, United States Code, is
amended by striking ‘‘A through C’’ and inserting ‘‘I through
III’’.
(6) Section 70033 of title 46, United States Code, is
amended by striking ‘‘A through C’’ and inserting ‘‘I through
III’’.
(7) Section 70034 of title 46, United States Code, is
amended by striking ‘‘A through C’’ each place it appears and
inserting ‘‘I through III’’.
(8) Section 70035(a) of title 46, United States Code, is
amended by striking ‘‘A through C’’ and inserting ‘‘I through
III’’.
(9) Section 70036 of title 46, United States Code, is
amended by—
(A) striking ‘‘A through C’’ each place it appears and
inserting ‘‘I through III’’; and
(B) striking ‘‘A, B, or C’’ each place it appears and
inserting ‘‘I, II, or III’’.
(10) Section 70051 of title 46, United States Code, is
amended—
(A) by striking ‘‘immediate Federal response,’’ and all
that follows through ‘‘subject to the approval’’ and inserting
‘‘immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make,
subject to the approval’’; and

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134 STAT. 4754

33 USC 1226;
46 USC 70101
prec., 70102a,
70103.

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33 USC 1226
note.

46 USC 8103
note.

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(B) by striking ‘‘authority to issue such rules’’ and
all that follows through ‘‘Any appropriation’’ and inserting
‘‘authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is
operating. Any appropriation’’.
(11) Section 70052(e) of title 46, United States Code, is
amended by striking ‘‘Secretary’’ and inserting ‘‘Secretary of
the department in which the Coast Guard is operating’’ each
place it appears.
(b) ALTERATION OF BRIDGES; TECHNICAL CHANGES.—The Act
of June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as
the Truman-Hobbs Act, is amended by striking section 12 (33
U.S.C. 522).
(c) REPORT OF DETERMINATION; TECHNICAL CORRECTION.—Section 105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161
note; Public Law 106–562) is amended by striking ‘‘subsection (a),’’
and inserting ‘‘paragraph (1),’’.
(d) TECHNICAL CORRECTIONS TO FRANK LOBIONDO COAST
GUARD AUTHORIZATION ACT OF 2018.—
(1) Section 408 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) and the item
relating to such section in section 2 of such Act are repealed,
and the provisions of law redesignated, transferred, or otherwise amended by section 408 are amended to read as if such
section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) is amended
by striking ‘‘Chapter 30’’ and inserting ‘‘Chapter 3’’.
(3) Section 810(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) is amended
by striking ‘‘within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice,’’ and inserting ‘‘in accordance within subsection (a)(2), the Secretary shall’’.
(4) Section 820(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) is amended
by striking ‘‘years 2018 and’’ and inserting ‘‘year’’.
(5) Section 820(b)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) is amended
by inserting ‘‘and the Consolidated Appropriations Act, 2018
(Public Law 115–141)’’ after ‘‘(Public Law 115–31)’’.
(6) Section 821(a)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115–282) is amended
by striking ‘‘Coast Guard Authorization Act of 2017’’ and
inserting ‘‘Frank LoBiondo Coast Guard Authorization Act of
2018’’.
(7) This section shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115–282) and apply as if included therein.
(e) TECHNICAL CORRECTION.—Section 533(d)(2)(A) of the Coast
Guard Authorization Act of 2016 (Public Law 114–120) is amended
by striking ‘‘Tract 6’’ and inserting ‘‘such Tract’’.
(f) DISTANT WATER TUNA FLEET; TECHNICAL CORRECTIONS.—
Section 421 of the Coast Guard and Maritime Transportation Act
of 2006 (Public Law 109–241) is amended—
(1) in subsection (a)—

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134 STAT. 4755

(A) by striking ‘‘Notwithstanding’’ and inserting the
following:
‘‘(1) IN GENERAL.—Notwithstanding’’; and
(B) by adding at the end the following:
‘‘(2) DEFINITION.—In this subsection, the term ‘treaty area’
has the meaning given the term in the Treaty on Fisheries
Between the Governments of Certain Pacific Island States and
the Government of the United States of America as in effect
on the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109–241).’’; and
(2) in subsection (c)—
(A) by striking ‘‘12.6 or 12.7’’ and inserting ‘‘13.6’’;
and
(B) by striking ‘‘and Maritime Transportation Act of
2012’’ and inserting ‘‘Authorization Act of 2020’’.
SEC. 8508. TECHNICAL CORRECTIONS RELATING TO CODIFICATION
OF PORTS AND WATERWAYS SAFETY ACT.

Effective upon the enactment of section 401 of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–
282), and notwithstanding section 402(e) of such Act—
(1) section 16 of the Ports and Waterways Safety Act,
as added by section 315 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat.
947)—
(A) is redesignated as section 70022 of title 46, United
States Code, transferred to appear after section 70021 of
that title, and amended so that the enumerator, section
heading, typeface, and typestyle conform to those appearing
in other sections in title 46, United States Code; and
(B) as so redesignated and transferred, is amended—
(i) in subsections (b) and (e), by striking ‘‘section
4(a)(5)’’ each place it appears and inserting ‘‘section
70001(a)(5)’’;
(ii) in subsection (c)(2), by striking ‘‘not later than’’
and all that follows through ‘‘thereafter,’’ and inserting
‘‘periodically’’; and
(iii) by striking subsection (h); and
(2) chapter 700 of title 46, United States Code, is
amended—
(A) in section 70002(2), by inserting ‘‘or 70022’’ after
‘‘section 70021’’;
(B) in section 70036(e), by inserting ‘‘or 70022’’ after
‘‘section 70021’’; and
(C) in the analysis for such chapter—
(i) by inserting ‘‘Sec.’’ above the section items, in
accordance with the style and form of such an entry
in other chapter analyses of such title; and
(ii) by adding at the end the following:

Effective date.

33 USC 1232c.

46 USC 70001
prec.

‘‘70022. Prohibition on entry and operation.’’.

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SEC. 8509. AIDS TO NAVIGATION.

(a) Section 541 of title 14, United States Code, is amended—
(1) by striking ‘‘In’’ and inserting ‘‘(a) In’’; and
(2) by adding at the end the following:
‘‘(b) In the case of pierhead beacons, the Commandant may—

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PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(1) acquire, by donation or purchase in behalf of the United
States, the right to use and occupy sites for pierhead beacons;
and
‘‘(2) properly mark all pierheads belonging to the United
States situated on the northern and northwestern lakes, whenever the Commandant is duly notified by the department
charged with the construction or repair of pierheads that the
construction or repair of any such pierheads has been completed.’’.
(b) Subchapter III of chapter 5 of title 14, United States Code,
is amended by adding at the end the following:
14 USC 548.

‘‘§ 548. Prohibition against officers and employees being
interested in contracts for materials
‘‘No officer, enlisted member, or civilian member of the Coast
Guard in any manner connected with the construction, operation,
or maintenance of lighthouses, shall be interested, either directly
or indirectly, in any contract for labor, materials, or supplies for
the construction, operation, or maintenance of lighthouses, or in
any patent, plan, or mode of construction or illumination, or in
any article of supply for the construction, operation, or maintenance
of lighthouses.

14 USC 549.

‘‘§ 549. Lighthouse and other sites; necessity and sufficiency
of cession by State of jurisdiction
‘‘(a) No lighthouse, beacon, public pier, or landmark, shall be
built or erected on any site until cession of jurisdiction over the
same has been made to the United States.
‘‘(b) For the purposes of subsection (a), a cession by a State
of jurisdiction over a place selected as the site of a lighthouse,
or other structure or work referred to in subsection (a), shall be
deemed sufficient if the cession contains a reservation that process
issued under authority of such State may continue to be served
within such place.
‘‘(c) If no reservation of service described in subsection (b)
is contained in a cession, all process may be served and executed
within the place ceded, in the same manner as if no cession had
been made.

14 USC 550.

‘‘§ 550. Marking pierheads in certain lakes
‘‘The Commandant of the Coast Guard shall properly mark
all pierheads belonging to the United States situated on the
northern and northwestern lakes, whenever he is duly notified
by the department charged with the construction or repair of
pierheads that the construction or repair of any such pierhead
has been completed.’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 5 of title
14, United States Code, is amended by inserting after the item
relating to section 547 the following:

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14 USC 501 prec.

‘‘548. Prohibition against officers and employees being interested in contracts for
materials.
‘‘549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction.
‘‘550. Marking pierheads in certain lakes.’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4757

SEC. 8510. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE
SERVICE.

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(a) Section 6 of chapter 103 of the Act of June 20, 1918 (33
U.S.C. 763) is repealed.
(b) Chapter 25 of title 14, United States Code, is amended
by inserting after section 2531 the following:
‘‘§ 2532. Retirement of employees
‘‘(a) OPTIONAL RETIREMENT.—Except as provided in subsections
(d) and (e), a covered employee may retire from further performance
of duty if such officer or employee—
‘‘(1) has completed 30 years of active service in the Government and is at least 55 years of age;
‘‘(2) has completed 25 years of active service in the Government and is at least 62 years of age; or
‘‘(3) is involuntarily separated from further performance
of duty, except by removal for cause on charges of misconduct
or delinquency, after completing 25 years of active service in
the Government, or after completing 20 years of such service
and if such employee is at least 50 years of age.
‘‘(b) COMPULSORY RETIREMENT.—A covered employee who
becomes 70 years of age shall be compulsorily retired from further
performance of duty.
‘‘(c) RETIREMENT FOR DISABILITY.—
‘‘(1) IN GENERAL.—A covered employee who has completed
15 years of active service in the Government and is found,
after examination by a medical officer of the United States,
to be disabled for useful and efficient service by reason of
disease or injury not due to vicious habits, intemperance, or
willful misconduct of such officer or employee, shall be retired.
‘‘(2) RESTORATION TO ACTIVE DUTY.—Any individual retired
under paragraph (1) may, upon recovery, be restored to active
duty, and shall from time to time, before reaching the age
at which such individual may retire under subsection (a), be
reexamined by a medical officer of the United States upon
the request of the Secretary of the department in which the
Coast Guard is operating.
‘‘(d) ANNUAL COMPENSATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
The annual compensation of a person retired under this section
shall be a sum equal to one-fortieth of the average annual
pay received for the last 3 years of service for each year of
active service in the Lighthouse Service, or in a department
or branch of the Government having a retirement system, not
to exceed thirty-fortieths of such average annual pay received.
‘‘(2) RETIREMENT BEFORE 55.—The retirement pay computed
under paragraph (1) for any officer or employee retiring under
this section shall be reduced by one-sixth of 1 percent for
each full month the officer or employee is under 55 years
of age at the date of retirement.
‘‘(3) NO ALLOWANCE OR SUBSISTENCE.—Retirement pay
under this section shall not include any amount on account
of subsistence or other allowance.
‘‘(e) EXCEPTION.—The retirement and pay provision in this section shall not apply to—
‘‘(1) any person in the field service of the Lighthouse Service
whose duties do not require substantially all their time; or

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134 STAT. 4758

14 USC 2501
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(2) persons of the Coast Guard.
‘‘(f) WAIVER.—Any person entitled to retirement pay under this
section may decline to accept all or any part of such retirement
pay by a waiver signed and filed with the Secretary of the Treasury.
Such waiver may be revoked in writing at any time, but no payment
of the retirement pay waived shall be made covering the period
during which such waiver was in effect.
‘‘(g) DEFINITION.—For the purposes of this section, the term
‘covered employee’ means an officer or employee engaged in the
field service or on vessels of the Lighthouse Service, except a
person continuously employed in district offices or shop.’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item
relating to section 2531 the following:
‘‘2532. Retirement of employees.’’.
SEC. 8511. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE EMPLOYEES.

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(a) BENEFIT TO SURVIVING SPOUSES.—Chapter 25 of title 14,
United States Code, is further amended by inserting after section
2532 (as added by this division) the following:

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14 USC 2533.

‘‘§ 2533. Surviving spouses
‘‘The Secretary of the department in which the Coast Guard
is operating shall pay $100 per month to the surviving spouse
of a current or former employee of the Lighthouse Service in accordance with section 2532 if such employee dies—
‘‘(1) at a time when such employee was receiving or was
entitled to receive retirement pay under this subchapter; or
‘‘(2) from non-service-connected causes after fifteen or more
years of employment in such service.’’.
(b) TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE
SERVICE EMPLOYEES.—
(1) Chapter 25 of title 14, United States Code, is amended
by inserting after section 2533 (as added by this division)
the following:

14 USC 2534.

‘‘§ 2534. Application for benefits’’.
(2)(A) Section 3 of chapter 761 of the Act of August 19,
1950 (33 U.S.C. 773), is redesignated as section 2534(a) of
title 14, United States Code, transferred to appear after the
heading of section 2534 of that title, and amended so that
the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United
States Code.
(B) Section 2534(a), as so redesignated, transferred, and
amended is further amended by striking ‘‘this Act’’ and
inserting ‘‘section 2533’’.
(3)(A) Section 4 of chapter 761 of the Act of August 19,
1950 (33 U.S.C. 774), is redesignated as section 2534(b) of
title 14, United States Code, transferred to appear after section
2534(a) of that title, and amended so that the enumerator,
section heading, typeface, and typestyle conform to those
appearing in other sections in title 14, United States Code.
(B) Section 2534(b), as so redesignated, transferred, and
amended is further amended by striking ‘‘the provisions of
this Act’’ and inserting ‘‘section 2533’’.

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134 STAT. 4759

(4)(A) The proviso under the heading ‘‘Payment to Civil
Service Retirement and Disability Fund’’ of title V of division
C of Public Law 112–74 (33 U.S.C. 776) is redesignated as
section 2534(c) of title 14, United States Code, transferred
to appear after section 2534(b) of that title, and amended
so that the enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title 14, United
States Code.
(B) Section 2534(c), as so redesignated, transferred, and
amended is further amended by striking ‘‘the Act of May 29,
1944, and the Act of August 19, 1950 (33 U.S.C. 771–775),’’
and inserting ‘‘section 2533’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 25 of title
14, United States Code, is further amended by inserting after
the item relating to section 2532 (as added by this division) the
following:

14 USC 2501
prec.

‘‘2533. Surviving spouses.
‘‘2534. Application for benefits.’’.

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SEC. 8512. REPEALS RELATED TO LIGHTHOUSE STATUTES.

(a) IN GENERAL.—The following provisions are repealed:
(1) Section 4680 of the Revised Statutes of the United
States (33 U.S.C. 725).
(2) Section 4661 of the Revised Statutes of the United
States (33 U.S.C. 727).
(3) Section 4662 of the Revised Statutes of the United
States (33 U.S.C. 728).
(4) The final paragraph in the account ‘‘For Life-Saving
and Life-Boat Stations’’ under the heading Treasury Department in the first section of chapter 130 of the Act of March
3, 1875 (33 U.S.C. 730a).
(5) Section 11 of chapter 301 of the Act of June 17, 1910
(33 U.S.C. 743).
(6) The first section of chapter 215 of the Act of May
13, 1938 (33 U.S.C. 745a).
(7) The first section of chapter 313 of the Act of February
25, 1929 (33 U.S.C. 747b).
(8) Section 2 of chapter 103 of the Act of June 20, 1918
(33 U.S.C. 748).
(9) Section 4 of chapter 371 of the Act of May 22, 1926
(33 U.S.C. 754a).
(10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C.
763a–1).
(11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C.
763–1).
(12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C.
763–2).
(13) The last 2 provisos under the heading Lighthouse
Service, under the heading Department of Commerce, in the
first section of chapter 161 of the Act of March 4, 1921 (41
Stat. 1417, formerly 33 U.S.C. 764).
(14) Section 3 of chapter 215 of the Act of May 13, 1938
(33 U.S.C. 770).
(15) The first section and section 2 of chapter 761 of the
Act of August 19, 1950 (33 U.S.C. 771 and 772).
(b) SAVINGS.—

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33 USC 717.

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(1) Notwithstanding any repeals made by this section, any
individual beneficiary currently receiving payments under the
authority of any provisions repealed in this section shall continue to receive such benefits.
(2) Notwithstanding the repeals made under paragraphs
(10) and (11) of subsection (a), any pay increases made under
chapter 788 of the Act of October 29, 1949, and chapter 524
of the Act of July 9, 1956, as in effect prior to their repeal
shall remain in effect.

33 USC 725 note.

33 USC 763–1
note.

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SEC. 8513. COMMON APPROPRIATION STRUCTURE.

(a) COMMON APPROPRIATIONS STRUCTURE.—
(1) PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE
MEDICAL CARE.—Section 506 of title 14, United States Code,
is amended—
(A) in subsection (a)(1), by inserting ‘‘as established
under chapter 56 of title 10’’ after ‘‘Medicare-Eligible
Retiree Health Care Fund’’; and
(B) in subsection (b)(1), by striking ‘‘operating
expenses’’ and inserting ‘‘operations and support’’.
(2) USE OF CERTAIN APPROPRIATED FUNDS.—Section 903
of title 14, United States Code, is amended—
(A) in subsection (a), by striking ‘‘acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges
over the navigable waters’’ and inserting ‘‘procurement,
construction, and improvement of facilities and for research
and development’’; and
(B) in subsection (d)(1), amended by section 241(b)(1),
by striking ‘‘operating expenses’’ and inserting ‘‘operations
and support’’.
(3) CONFIDENTIAL INVESTIGATIVE EXPENSES.—Section 944
of title 14, United States Code, is amended—
(A) by striking ‘‘necessary expenses for the operation’’
and inserting ‘‘the operations and support’’; and
(B) by striking ‘‘his’’ each place it appears and inserting
‘‘the Commandant’s’’.
(4) PROCUREMENT OF PERSONNEL.—Section 2701 of title
14, United States Code, is amended—
(A) by striking ‘‘operating expense’’ and inserting ‘‘operations and support’’;
(B) by striking ‘‘but not limited to’’; and
(C) by striking ‘‘in order’’.
(5) REQUIREMENT FOR PRIOR AUTHORIZATION OF APPROPRIATIONS.—Section 4901 of title 14, United States Code, is
amended—
(A) in paragraph (1), by striking ‘‘maintenance’’ and
inserting ‘‘support’’;
(B) in paragraph (2), by striking ‘‘acquisition’’ and
inserting ‘‘procurement’’;
(C) by striking paragraphs (3), (4), and (6);
(D) by redesignating paragraph (5) as paragraph (3);
and
(E) in paragraph (3), as redesignated by subparagraph
(D), by striking ‘‘research, development, test, and evaluation’’ and inserting ‘‘research and development.’’.

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134 STAT. 4761

(b) TITLE 46.—Sections 3317(b), 7504, 80301(c), and 80505(b)(3)
of title 46, United States Code, are each amended by striking
‘‘operating expenses’’ and inserting ‘‘operations and support’’.
(c) OIL SPILL LIABILITY TRUST FUND.—Section 1012(a)(5)(A)
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended
by striking ‘‘operating expenses’’ and inserting ‘‘operations and support’’.

TITLE LVXXXVI—FEDERAL MARITIME
COMMISSION

Federal Maritime
Commission
Authorization
Act of 2020.

SEC. 8601. SHORT TITLE.

This title may be cited as the ‘‘Federal Maritime Commission
Authorization Act of 2020’’.
SEC. 8602. AUTHORIZATION OF APPROPRIATIONS.

Section 308 of title 46, United States Code, is amended by
striking ‘‘$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal
year 2019’’ and inserting ‘‘$29,086,888 for fiscal year 2020 and
$29,639,538 for fiscal year 2021’’.
SEC. 8603. UNFINISHED PROCEEDINGS.

Section 305 of title 46, United States Code, is amended—
(1) by striking ‘‘The Federal’’ and inserting ‘‘(a) IN GENERAL.—The Federal’’; and
(2) by adding at the end the following:
‘‘(b) TRANSPARENCY.—
‘‘(1) IN GENERAL.—In conjunction with the transmittal by
the President to the Congress of the Budget of the United
States for fiscal year 2021 and biennially thereafter, the Federal
Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives reports that describe the Commission’s
progress toward addressing the issues raised in each unfinished
regulatory proceeding, regardless of whether the proceeding
is subject to a statutory or regulatory deadline.
‘‘(2) FORMAT OF REPORTS.—Each report under paragraph
(1) shall, among other things, clearly identify for each unfinished regulatory proceeding—
‘‘(A) the popular title;
‘‘(B) the current stage of the proceeding;
‘‘(C) an abstract of the proceeding;
‘‘(D) what prompted the action in question;
‘‘(E) any applicable statutory, regulatory, or judicial
deadline;
‘‘(F) the associated docket number;
‘‘(G) the date the rulemaking was initiated;
‘‘(H) a date for the next action; and
‘‘(I) if a date for the next action identified in the previous report is not met, the reason for the delay.’’.
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SEC. 8604. NATIONAL SHIPPER ADVISORY COMMITTEE.

(a) IN GENERAL.—Part B of subtitle IV of title 46, United
States Code, is amended by adding at the end the following:

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134 STAT. 4762

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘CHAPTER 425—NATIONAL SHIPPER ADVISORY
COMMITTEE

46 USC 42501
prec.

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‘‘42501. Definitions.
‘‘42502. National Shipper Advisory Committee.
‘‘42503. Administration.

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46 USC 42501.

‘‘§ 42501. Definitions
‘‘In this chapter:
‘‘(1) COMMISSION.—The term ‘Commission’ means the Federal Maritime Commission.
‘‘(2) COMMITTEE.—The term ‘Committee’ means the
National Shipper Advisory Committee established under section
42502.

46 USC 42502.

‘‘§ 42502. National Shipper Advisory Committee
‘‘(a) ESTABLISHMENT.—There is established a National Shipper
Advisory Committee.
‘‘(b) FUNCTION.—The Committee shall advise the Federal Maritime Commission on policies relating to the competitiveness, reliability, integrity, and fairness of the international ocean freight
delivery system.
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Committee shall consist of 24 members appointed by the Commission in accordance with this
section.
‘‘(2) EXPERTISE.—Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
‘‘(3) REPRESENTATION.—REPRESENTATION.—Members of
the Committee shall be appointed as follows: —
‘‘(A) Twelve members shall represent entities who
import cargo to the United States using ocean common
carriers.
‘‘(B) Twelve members shall represent entities who
export cargo from the United States using ocean common
carriers.

46 USC 42503.

‘‘§ 42503. Administration
‘‘(a) MEETINGS.—The Committee shall, not less than once each
year, meet at the call of the Commission or a majority of the
members of the Committee.
‘‘(b) EMPLOYEE STATUS.—A member of the Committee shall
not be considered an employee of the Federal Government by reason
of service on such Committee, except for the purposes of the following:
‘‘(1) Chapter 81 of title 5.
‘‘(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
‘‘(c) VOLUNTEER SERVICES AND COMPENSATION.—
‘‘(1) Notwithstanding any other provision of law, a member
of the Committee may serve on such committee on a voluntary
basis without pay.
‘‘(2) No member of the Committee shall receive compensation for service on the Committee.
‘‘(d) STATUS OF MEMBERS.—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4763

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
with respect to a member of the Committee whom the Commission appoints to represent an entity or group—
‘‘(A) the member is authorized to represent the
interests of the applicable entity or group; and
‘‘(B) requirements under Federal law that would interfere with such representation and that apply to a special
Government employee (as defined in section 202(a) of title
18), including requirements relating to employee conduct,
political activities, ethics, conflicts of interest, and corruption, do not apply to the member.
‘‘(2) EXCEPTION.—Notwithstanding subsection (b), a
member of the Committee shall be treated as a special Government employee for purposes of the committee service of the
member if the member, without regard to service on the Committee, is a special Government employee.
‘‘(e) SERVICE ON COMMITTEE.—
‘‘(1) SOLICITATION OF NOMINATIONS.—Before appointing an
individual as a member of the Committee, the Commission
shall publish a timely notice in the Federal Register soliciting
nominations for membership on such Committee.
‘‘(2) APPOINTMENTS.—
‘‘(A) IN GENERAL.—After considering nominations
received pursuant to a notice published under paragraph
(1), the Commission may appoint a member to the Committee.
‘‘(B) PROHIBITION.—The Commission shall not seek,
consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment
to the Committee.
‘‘(3) SERVICE AT PLEASURE OF COMMISSION.—Each member
of the Committee shall serve at the pleasure of the Commission.
‘‘(4) SECURITY BACKGROUND EXAMINATIONS.—The Commission may require an individual to have passed an appropriate
security background examination before appointment to the
Committee.
‘‘(5) PROHIBITION.—A Federal employee may not be
appointed as a member of the Committee.
‘‘(6) TERMS.—
‘‘(A) IN GENERAL.—The term of each member of the
Committee shall expire on December 31 of the third full
year after the effective date of the appointment.
‘‘(B) CONTINUED SERVICE AFTER TERM.—When the term
of a member of the Committee ends, the member, for a
period not to exceed 1 year, may continue to serve as
a member until a successor is appointed.
‘‘(7) VACANCIES.—A vacancy on the Committee shall be
filled in the same manner as the original appointment.
‘‘(8) SPECIAL RULE FOR REAPPOINTMENTS.—Notwithstanding
paragraphs (1) and (2), the Commission may reappoint a
member of a committee for any term, other than the first
term of the member, without soliciting, receiving, or considering
nominations for such appointment.
‘‘(f) STAFF SERVICES.—The Commission shall furnish to the
Committee any staff and services considered by the Commission
to be necessary for the conduct of the Committee’s functions.
‘‘(g) CHAIR; VICE CHAIR.—

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Federal Register,
publication.
Notice.

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134 STAT. 4764

Deadline.

Public
information.
Web posting.

46 USC 40101
prec.

PUBLIC LAW 116–283—JAN. 1, 2021

‘‘(1) IN GENERAL.—The Committee shall elect a Chair and
Vice Chair from among the committee’s members.
‘‘(2) VICE CHAIRMAN ACTING AS CHAIRMAN.—The Vice Chair
shall act as Chair in the absence or incapacity of, or in the
event of a vacancy in the office of, the Chair.
‘‘(h) SUBCOMMITTEES AND WORKING GROUPS.—
‘‘(1) IN GENERAL.—The Chair of the Committee may establish and disestablish subcommittees and working groups for
any purpose consistent with the function of the Committee.
‘‘(2) PARTICIPANTS.—Subject to conditions imposed by the
Chair, members of the Committee may be assigned to subcommittees and working groups established under paragraph
(1).
‘‘(i) CONSULTATION, ADVICE, REPORTS, AND RECOMMENDATIONS.—
‘‘(1) CONSULTATION.—Before taking any significant action,
the Commission shall consult with, and consider the information, advice, and recommendations of, the Committee if the
function of the Committee is to advise the Commission on
matters related to the significant action.
‘‘(2) ADVICE, REPORTS, AND RECOMMENDATIONS.—The Committee shall submit, in writing, to the Commission its advice,
reports, and recommendations, in a form and at a frequency
determined appropriate by the Committee.
‘‘(3) EXPLANATION OF ACTIONS TAKEN.—Not later than 60
days after the date on which the Commission receives recommendations from the Committee under paragraph (2), the
Commission shall—
‘‘(A) publish the recommendations on a public website;
and
‘‘(B) respond, in writing, to the Committee regarding
the recommendations, including by providing an explanation of actions taken regarding the recommendations.
‘‘(4) SUBMISSION TO CONGRESS.—The Commission shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice,
reports, and recommendations received from the Committee
under paragraph (2).
‘‘(j) OBSERVERS.—The Commission may designate a representative to—
‘‘(1) attend any meeting of the Committee; and
‘‘(2) participate as an observer at such meeting.
‘‘(k) TERMINATION.—The Committee shall terminate on September 30, 2029.’’.
(b) NO ADDITIONAL FUNDS AUTHORIZED.—No funds in addition
to the funds authorized in section 308 of title 46, United States
Code, are authorized to carry out this title or the amendments
made by this section.
(c) CLERICAL AMENDMENT.—The analysis for subtitle IV of title
46, United States Code, is amended by inserting after the item
related to chapter 423 the following:

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‘‘CHAPTER 425—NATIONAL SHIPPER ADVISORY COMMITTEE’’.
SEC. 8605. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS.

(a) TRANSFER.—

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134 STAT. 4765

(1) Subtitle IV of title 46, United States Code, is amended
by adding at the end the following:

‘‘PART D—FEDERAL MARITIME COMMISSION
‘‘CHAPTER 461—FEDERAL MARITIME COMMISSION’’.
(2) Chapter 3 of title 46, United States Code, is redesignated as chapter 461 of part D of subtitle IV of such title
and transferred to appear in such part.
(3) Sections 301 through 308 of such title are redesignated
as sections 46101 through 46108, respectively, of such title.
(b) CONFORMING AMENDMENTS.—
(1) Section 46101(c)(3)(A)(v) of title 46, United States Code,
as so redesignated, is amended by striking ‘‘304’’ and inserting
‘‘46104’’.
(2) section 322(b) of the Coast Guard Personnel and Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is amended
by striking ‘‘208 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1118)’’ and inserting ‘‘46106(a) of title 46, United States
Code’’.
(3) Section 1031(23) of the National Defense Authorization
Act for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended
by striking ‘‘208, 901(b)(2), and 1211 of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291)’’ and inserting
‘‘44106(a) and 55305(d) of title 46, United States Code’’.
(4) The analysis for subtitle I of title 46, United States
Code, is amended by striking the item relating to chapter
3.
(5) The analysis for subtitle IV of such title is amended
by adding at the end the following:

46 USC 46101
prec.
46 USC 46101
prec.
46 USC 46101
prec.

46 USC 101 prec.
46 USC 40101
prec.

‘‘Part D—Federal Maritime Commission
‘‘461. Federal Maritime Commission .............................................................46101’’.

(6) The analysis for chapter 461 of part D of subtitle
IV of such title, as so redesignated, is amended to read as
follows:
‘‘Sec.
‘‘46101.
‘‘46102.
‘‘46103.
‘‘46104.
‘‘46105.
‘‘46106.
‘‘46107.
‘‘46108.

46 USC 46101
prec.

General organization.
Quorum.
Meetings.
Delegation of authority.
Regulations.
Annual report.
Expenditures.
Authorization of appropriations.’’.

(c) TECHNICAL CORRECTION.—Section 46103(c)(3) of title 46,
United States Code, as so redesignated, is amended by striking
‘‘555b(c)’’ and inserting ‘‘552b(c)’’.

DIVISION H—OTHER MATTERS

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TITLE XC—HOMELAND SECURITY
MATTERS
Sec. 9001. Department of Homeland Security CISA Director.
Sec. 9002. Sector risk management agencies.

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Sec. 9003. Review and analysis of inland waters seaport security.
Sec. 9004. Department of Homeland Security reports on digital content forgery
technology.
Sec. 9005. GAO study of cybersecurity insurance.
Sec. 9006. Strategy to secure email.
Sec. 9007. Department of Homeland Security large-scale non-intrusive inspection
scanning plan.
SEC. 9001. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR.

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Appointment.

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(a) IN GENERAL.—Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended by—
(1) redesignating paragraph (2) as paragraph (3); and
(2) inserting after paragraph (1) the following new paragraph:
‘‘(2) QUALIFICATIONS.—
‘‘(A) IN GENERAL.—The Director shall be appointed
from among individuals who have—
‘‘(i) extensive knowledge in at least two of the
areas specified in subparagraph (B); and
‘‘(ii) not fewer than five years of demonstrated
experience in efforts to foster coordination and
collaboration between the Federal Government, the private sector, and other entities on issues related to
cybersecurity, infrastructure security, or security risk
management.
‘‘(B) SPECIFIED AREAS.—The areas specified in this
subparagraph are the following:
‘‘(i) Cybersecurity.
‘‘(ii) Infrastructure security.
‘‘(iii) Security risk management.’’.
(b) AMENDMENT TO POSITION LEVEL OF CISA DIRECTOR.—Subchapter II of chapter 53 of title 5, United States Code, is amended—
(1) in section 5313, by inserting after ‘‘Administrator of
the Transportation Security Administration.’’ the following:
‘‘Director, Cybersecurity and Infrastructure Security
Agency.’’; and
(2) in section 5314, by striking ‘‘Director, Cybersecurity
and Infrastructure Security Agency.’’.
(c) EXECUTIVE ASSISTANT DIRECTOR FOR CYBERSECURITY.—
(1) IN GENERAL.—Section 2203 of the Homeland Security
Act of 2002 (6 U.S.C. 653) is amended—
(A) in subsection (a)—
(i) in paragraph (2)—
(I) in the heading, by striking ‘‘ASSISTANT
DIRECTOR.—’’ and inserting ‘‘EXECUTIVE ASSISTANT
DIRECTOR.—’’; and
(II) in the matter preceding subparagraph
(A)—
(aa) by striking ‘‘Assistant Director for
Cybersecurity’’ and inserting ‘‘Executive
Assistant Director for Cybersecurity’’; and
(bb) by striking ‘‘the ‘Assistant Director’
and inserting ‘the Executive Assistant
Director’ ’’; and
(ii) in paragraph (3)—
(I) by inserting ‘‘or Assistant Director for
Cybersecurity’’ after ‘‘Assistant Secretary for
Cybersecurity and Communications’’; and

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134 STAT. 4767

(II) by striking ‘‘Assistant Director for Cybersecurity.’’ and inserting ‘‘Executive Assistant
Director for Cybersecurity.’’; and
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘Assistant Director’’ and inserting ‘‘Executive Assistant Director’’.
(2) CONTINUATION IN OFFICE.—The individual serving as
the Assistant Director for Cybersecurity of the Cybersecurity
and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this
Act may serve as the Executive Assistant Director for Cybersecurity on and after that date without the need for renomination
or reappointment.
(d) EXECUTIVE ASSISTANT DIRECTOR FOR INFRASTRUCTURE
SECURITY.—
(1) IN GENERAL.—Section 2204 of the Homeland Security
Act of 2002 (6 U.S.C. 654) is amended—
(A) in subsection (a)—
(i) in paragraph (2)—
(I) in the heading, by striking ‘‘ASSISTANT
DIRECTOR.—’’ and inserting ‘‘EXECUTIVE ASSISTANT
DIRECTOR.—’’; and
(II) in the matter preceding subparagraph
(A)—
(aa) by striking ‘‘Assistant Director for
Infrastructure Security’’ and inserting ‘‘Executive Assistant Director for Infrastructure Security’’; and
(bb) by striking ‘‘the ‘Assistant Director’
and inserting ‘the Executive Assistant
Director’ ’’; and
(ii) in paragraph (3)—
(I) by inserting ‘‘or Assistant Director for Infrastructure Security’’ after ‘‘Assistant Secretary for
Infrastructure Protection’’; and
(II) by striking ‘‘Assistant Director for Infrastructure Security.’’ and inserting ‘‘Executive
Assistant Director for Infrastructure Security.’’;
and
(B) in subsection (b), by striking ‘‘Assistant Director’’
in the matter preceding paragraph (1) and inserting
‘‘Executive Assistant Director’’.
(2) CONTINUATION IN OFFICE.—The individual serving as
the Assistant Director for Infrastructure Security of the Cybersecurity and Infrastructure Security Agency of the Department
of Homeland Security on the day before the date of enactment
of this Act may serve as the Executive Assistant Director for
Infrastructure Security on and after that date without the
need for renomination or reappointment.
(e) EXECUTIVE ASSISTANT DIRECTOR FOR EMERGENCY COMMUNICATIONS.—
(1) IN GENERAL.—Section 1801 of the Homeland Security
Act of 2002 (6 U.S.C. 571) is amended—
(A) in subsection (b)—
(i) in the heading, by striking ‘‘ASSISTANT
DIRECTOR.—’’ and inserting ‘‘EXECUTIVE ASSISTANT
DIRECTOR.—’’;

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6 USC 654 note.

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6 USC 571 note.

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6 USC 652a.

PUBLIC LAW 116–283—JAN. 1, 2021

(ii) in the first sentence, by striking ‘‘Assistant
Director for Emergency Communications.’’ and
inserting ‘‘Executive Assistant Director for Emergency
Communications (in this section referred to as the
‘Executive Assistant Director’).’’; and
(iii) in the second and third sentences, by striking
‘‘Assistant Director’’ both places such term appears
and inserting ‘‘Executive Assistant Director’’; and
(B) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘Assistant Director for Emergency Communications’’ and inserting ‘‘Executive Assistant Director’’;
(C) in subsection (d), in the matter preceding paragraph (1), by striking ‘‘Assistant Director for Emergency
Communications’’ and inserting ‘‘Executive Assistant
Director’’;
(D) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘Assistant Director for Emergency Communications’’ and inserting ‘‘Executive Assistant Director’’; and
(E) by adding at the end the following new subsection:
‘‘(g) REFERENCE.—Any reference to the Assistant Director for
Emergency Communications in any law, regulation, map, document,
record, or other paper of the United States shall be deemed to
be a reference to the Executive Assistant Director for Emergency
Communications.’’.
(2) CONTINUATION IN OFFICE.—The individual serving as
the Assistant Director for Emergency Communications of the
Department of Homeland Security on the day before the date
of enactment of this Act may serve as the Executive Assistant
Director for Emergency Communications on and after that date.
SEC. 9002. SECTOR RISK MANAGEMENT AGENCIES.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives;
and
(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services in
the Senate.
(2) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infrastructure’’ has the meaning given that term in section 1016(e)
of Public Law 107–56 (42 U.S.C. 5195c(e)).
(3) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(4) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Cybersecurity and Infrastructure Security Agency of
the Department.
(5) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘‘information sharing and analysis organization’’ has
the meaning given that term in section 2222(5) of the Homeland
Security Act of 2002 (6 U.S.C. 671(5)).
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(7) SECTOR RISK MANAGEMENT AGENCY.—The term ‘‘sector
risk management agency’’ has the meaning given the term

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134 STAT. 4769

‘‘Sector-Specific Agency’’ in section 2201(5) of the Homeland
Security Act of 2002 (6 U.S.C. 651(5)).
(b) CRITICAL INFRASTRUCTURE SECTOR DESIGNATION.—
(1) INITIAL REVIEW.—Not later than 180 days after the
date of the enactment of this section, the Secretary, in consultation with the heads of Sector Risk Management Agencies,
shall—
(A) review the current framework for securing critical
infrastructure, as described in section 2202(c)(4) of the
Homeland Security Act (6 U.S.C. 652(c)(4)) and Presidential
Policy Directive 21; and
(B) submit to the President and appropriate congressional committees a report that includes—
(i) information relating to—
(I) the analysis framework or methodology
used to—
(aa) evaluate the current framework for
securing critical infrastructure referred to in
subparagraph (A); and
(bb) develop recommendations to—
(AA) revise the current list of critical
infrastructure sectors designated pursuant to Presidential Policy Directive 21,
any successor or related document, or
policy; or
(BB) identify and designate any subsectors of such sectors;
(II) the data, metrics, and other information
used to develop the recommendations required
under clause (ii); and
(ii) recommendations relating to—
(I) revising—
(aa) the current framework for securing
critical infrastructure referred to in subparagraph (A);
(bb) the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or
related document, or policy; or
(cc) the identification and designation of
any subsectors of such sectors; and
(II) any revisions to the list of designated Federal departments or agencies that serve as the
Sector Risk Management Agency for a sector or
subsector of such section, necessary to comply with
paragraph (3)(B).
(2) PERIODIC EVALUATION BY THE SECRETARY.—At least once
every five years, the Secretary, in consultation with the Director
and the heads of Sector Risk Management Agencies, shall—
(A) evaluate the current list of designated critical infrastructure sectors and subsectors of such sectors and the
appropriateness of Sector Risk Management Agency designations, as set forth in Presidential Policy Directive 21,
any successor or related document, or policy; and
(B) recommend, as appropriate, to the President—

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Deadline.

Reports.
Recommendations.
Analysis.
Evaluation.

Data.

Lists.

Consultation.

Recommendation.

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134 STAT. 4770

(i) revisions to the current list of designated critical
infrastructure sectors or subsectors of such sectors;
and
(ii) revisions to the designation of any Federal
department or agency designated as the Sector Risk
Management Agency for a sector or subsector of such
sector.
(3) REVIEW AND REVISION BY THE PRESIDENT.—Not later
than 180 days after the Secretary submits a recommendation
pursuant to paragraph (1) or (2), the President shall—
(A) review the recommendation and revise, as appropriate, the designation of a critical infrastructure sector
or subsector or the designation of a Sector Risk Management Agency; and
(B) submit to the appropriate congressional committees, the Majority and Minority Leaders of the Senate,
and the Speaker and Minority Leader of the House of
Representatives, a report that includes—
(i) an explanation with respect to the basis for
accepting or rejecting the recommendations of the Secretary; and
(ii) information relating to the analysis framework,
methodology, metrics, and data used to—
(I) evaluate the current framework for
securing critical infrastructure referred to in paragraph (1)(A); and
(II) develop—
(aa) recommendations to revise—
(AA) the list of critical infrastructure
sectors designated pursuant to Presidential Policy Directive 21, any successor
or related document, or policy; or
(BB) the designation of any subsectors
of such sectors; and
(bb) the recommendations of the Secretary.
(4) PUBLICATION.—Any designation of critical infrastructure
sectors shall be published in the Federal Register.
(c) SECTOR RISK MANAGEMENT AGENCIES.—
(1) IN GENERAL.—Subtitle A of title XXII of the Homeland
Security Act of 2002 is amended by adding at the end the
following new section:

List.

Deadline.

Reports.

Analysis.
Evaluation.

Recommendations.
List.

Federal Register,
publication.

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Coordination.
6 USC 665d.

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‘‘SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES.

‘‘(a) IN GENERAL.—Consistent with applicable law, Presidential
directives, Federal regulations, and strategic guidance from the
Secretary, each Sector Risk Management Agency, in coordination
with the Director, shall—
‘‘(1) provide specialized sector-specific expertise to critical
infrastructure owners and operators within its designated critical infrastructure sector or subsector of such sector; and
‘‘(2) support programs and associated activities of such
sector or subsector of such sector.
‘‘(b) IMPLEMENTATION.—In carrying out this section, Sector Risk
Management Agencies shall—
‘‘(1) coordinate with the Department and, as appropriate,
other relevant Federal departments and agencies;

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134 STAT. 4771

‘‘(2) collaborate with critical infrastructure owners and
operators within the designated critical infrastructure sector
or subsector of such sector; and
‘‘(3) coordinate with independent regulatory agencies, and
State, local, Tribal, and territorial entities, as appropriate.
‘‘(c) RESPONSIBILITIES.—Consistent with applicable law, Presidential directives, Federal regulations, and strategic guidance from
the Secretary, each Sector Risk Management Agency shall utilize
its specialized expertise regarding its designated critical infrastructure sector or subsector of such sector and authorities under
applicable law to—
‘‘(1) support sector risk management, in coordination with
the Director, including—
‘‘(A) establishing and carrying out programs to assist
critical infrastructure owners and operators within the designated sector or subsector of such sector in identifying,
understanding, and mitigating threats, vulnerabilities, and
risks to their systems or assets, or within a region, sector,
or subsector of such sector; and
‘‘(B) recommending security measures to mitigate the
consequences of destruction, compromise, and disruption
of systems and assets;
‘‘(2) assess sector risk, in coordination with the Director,
including—
‘‘(A) identifying, assessing, and prioritizing risks within
the designated sector or subsector of such sector, considering physical security and cybersecurity threats,
vulnerabilities, and consequences; and
‘‘(B) supporting national risk assessment efforts led
by the Department;
‘‘(3) sector coordination, including—
‘‘(A) serving as a day-to-day Federal interface for the
prioritization and coordination of sector-specific activities
and responsibilities under this title;
‘‘(B) serving as the Federal Government coordinating
council chair for the designated sector or subsector of such
sector; and
‘‘(C) participating in cross-sector coordinating councils,
as appropriate;
‘‘(4) facilitating, in coordination with the Director, the
sharing with the Department and other appropriate Federal
department of information regarding physical security and
cybersecurity threats within the designated sector or subsector
of such sector, including—
‘‘(A) facilitating, in coordination with the Director,
access to, and exchange of, information and intelligence
necessary to strengthen the security of critical infrastructure, including through information sharing and analysis
organizations and the national cybersecurity and communications integration center established pursuant to section
2209;
‘‘(B) facilitating the identification of intelligence needs
and priorities of critical infrastructure owners and operators in the designated sector or subsector of such sector,
in coordination with the Director of National Intelligence
and the heads of other Federal departments and agencies,
as appropriate;

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134 STAT. 4772

‘‘(C) providing the Director, and facilitating awareness
within the designated sector or subsector of such sector,
of ongoing, and where possible, real-time awareness of
identified threats, vulnerabilities, mitigations, and other
actions related to the security of such sector or subsector
of such sector; and
‘‘(D) supporting the reporting requirements of the
Department under applicable law by providing, on an
annual basis, sector-specific critical infrastructure information;
‘‘(5) supporting incident management, including—
‘‘(A) supporting, in coordination with the Director,
incident management and restoration efforts during or following a security incident; and
‘‘(B) supporting the Director, upon request, in national
cybersecurity asset response activities for critical infrastructure; and
‘‘(6) contributing to emergency preparedness efforts,
including—
‘‘(A) coordinating with critical infrastructure owners
and operators within the designated sector or subsector
of such sector and the Director in the development of
planning documents for coordinated action in the event
of a natural disaster, act of terrorism, or other man-made
disaster or emergency;
‘‘(B) participating in and, in coordination with the
Director, conducting or facilitating, exercises and simulations of potential natural disasters, acts of terrorism, or
other man-made disasters or emergencies within the designated sector or subsector of such sector; and
‘‘(C) supporting the Department and other Federal
departments or agencies in developing planning documents
or conducting exercises or simulations when relevant to
the designated sector or subsector or such sector.’’.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—The
Homeland Security Act of 2002 is amended—
(A) in section 320—
(i) in subsection (d)(3)(C), by striking ‘‘Sector-Specific Agency’’ and inserting ‘‘Sector Risk Management
Agency’’; and
(ii) in subsection (e)(1), by striking ‘‘Sector-Specific
Agency’’ and inserting ‘‘Sector Risk Management
Agency’’;
(B) in section 524—
(i) in subsection (b)(2)(E)(i)(II), by striking ‘‘sectorspecific agency’’ and inserting ‘‘Sector Risk Management Agency’’; and
(ii) in subsection (c)(1)(B), by striking ‘‘sector-specific agency’’ and inserting ‘‘Sector Risk Management
Agency’’;
(C) in section 2201(5)—
(i) in the paragraph heading, by striking ‘‘SECTORSPECIFIC AGENCY’’ and inserting ‘‘SECTOR RISK MANAGEMENT AGENCY’’; and
(ii) by striking ‘‘Sector-Specific Agency’’ and
inserting ‘‘Sector Risk Management Agency’’;

6 USC 195f.

6 USC 321m.

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6 USC 651.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4773

(D) in section 2202(i), by striking ‘‘Sector-Specific
Agency’’ and inserting ‘‘Sector Risk Management Agency’’;
and
(E) in section 2214(c)(4), by striking ‘‘sector-specific
agency’’ and inserting ‘‘Sector Risk Management Agency’’.
(3) REFERENCES.—Any reference to a Sector Specific Agency
(including any permutations or conjugations thereof) in any
law, regulation, map, document, record, or other paper of the
United States shall be deemed to—
(A) be a reference to the Sector Risk Management
Agency of the relevant critical infrastructure sector; and
(B) have the meaning give such term in section 2201(5)
of the Homeland Security Act of 2002.
(4) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2214 the following
new item:

6 USC 652.

6 USC 664.

‘‘Sec. 2215. Sector Risk Management Agencies.’’.

(d) REPORT AND AUDITING.—Not later than two years after
the date of the enactment of this Act and every four years thereafter
for 12 years, the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the effectiveness
of Sector Risk Management Agencies in carrying out their responsibilities under section 2215 of the Homeland Security Act of 2002,
as added by this section.

Time period.

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SEC. 9003. REVIEW AND ANALYSIS OF INLAND WATERS SEAPORT SECURITY.

(a) SEAPORT CARGO REVIEW.—
(1) ELEMENTS.—The Secretary of Homeland Security shall
conduct a review of all Great Lakes and selected inland waters
seaports that receive international cargo—
(A) to determine, for each such seaport—
(i) the current screening capability, including the
types and numbers of screening equipment and
whether such equipment is physically located at a seaport or assigned and available in the area and made
available to use;
(ii) the number of U.S. Customs and Border Protection personnel assigned from a Field Operations office,
broken out by role;
(iii) the expenditures for procurement and overtime
incurred by U.S. Customs and Border Protection during
the most recent fiscal year;
(iv) the types of cargo received, such as containerized, break-bulk, and bulk;
(v) the legal entity that owns the seaport;
(vi) a description of the use of space at the seaport
by U.S. Customs and Border Protection, including—
(I) whether U.S. Customs and Border Protection or the General Services Administration owns
or leases any facilities at the seaport; and
(II) if U.S. Customs and Border Protection
is provided space at the seaport, a description of

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such space, including the number of workstations;
and
(vii) the current cost-sharing arrangement for
screening technology or reimbursable services;
(B) to identify, for each Field Operations office—
(i) any ports of entry that are staffed remotely
from service ports;
(ii) the distance of each such service port from
the corresponding ports of entry; and
(iii) the number of officers and the types of equipment U.S. Customs and Border Protection uses to
screen cargo entering or exiting through such ports;
and
(C) that includes a threat assessment of incoming
containerized and noncontainerized cargo at Great Lakes
seaports and selected inland waters seaports.
(2) SEAPORT SELECTION.—In selecting seaports on inland
waters to include in the review under paragraph (1), the Secretary of Homeland Security shall ensure that the inland waters
seaports are—
(A) equal in number to the Great Lakes seaports
included in the review;
(B) comparable to Great Lakes seaports included in
the review, as measured by number of imported shipments
arriving at the seaport each year; and
(C) covered by at least the same number of Field
Operations offices as the Great Lakes seaports included
in the review, but are not covered by the same Field
Operations offices as such Great Lakes seaports.
(3) REPORT REQUIRED.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional
committees a report containing—
(i) the results of the review conducted pursuant
to paragraph (1); and
(ii) an explanation of the methodology used for
such review regarding the screening practices for foreign cargo arriving at seaports on the Great Lakes
and inland waters.
(B) FORM.—The report required under subparagraph
(A) shall be submitted in unclassified form, to the maximum
extent possible, but may include a classified annex, if necessary.
(b) INLAND WATERS THREAT ANALYSIS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees
an inland waters threat analysis containing an identification
and description of—
(A) current and potential terrorism and criminal
threats posed by individuals and groups seeking—
(i) to enter the United States through inland
waters; or
(ii) to exploit security vulnerabilities on inland
waters;

Assessment.

Classified
information.

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Deadline.

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134 STAT. 4775

(B) security challenges at inland waters ports of the
United States regarding—
(i) terrorism and instruments of terror entering
the United States; or
(ii) criminal activity, as measured by the total
flow of illegal goods and illicit drugs, related to the
inland waters;
(C) security mitigation efforts with respect to the
inland waters—
(i) to prevent terrorists and instruments of terror
from entering the United States; or
(ii) to reduce criminal activity related to the inland
waters;
(D) vulnerabilities related to cooperation between
State, local, tribal, and territorial law enforcement, or international agreements, that hinder effective security,
counterterrorism, anti-trafficking efforts, and the flow of
legitimate trade with respect to inland waters; and
(E) metrics and performance measures used by the
Secretary of Homeland Security to evaluate inland waters
security, as appropriate.
(2) ANALYSIS REQUIREMENTS.—In preparing the threat analysis required under paragraph (1), the Secretary of Homeland
Security shall consider and examine—
(A) technology needs and challenges;
(B) personnel needs and challenges;
(C) the roles of State, local, tribal, and territorial law
enforcement, private sector partners, and the public,
relating to inland waters security;
(D) the need for cooperation among Federal, State,
local, tribal, territorial, and international partner law
enforcement, private sector partners, and the public,
relating to inland waters security; and
(E) the challenges posed by geography with respect
to inland waters security.
(3) FORM.—The Secretary of Homeland Security shall
submit the threat analysis required under paragraph (1) in
unclassified form, to the maximum extent possible, but may
include a classified annex, if necessary.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate.

Examination.

Classified
information.

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SEC. 9004. DEPARTMENT OF HOMELAND SECURITY REPORTS ON DIGITAL CONTENT FORGERY TECHNOLOGY.

(a) REPORTS REQUIRED.—Not later than one year after the
date of enactment of this Act, and annually thereafter for 5 years,
the Secretary of Homeland Security, acting through the Under

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Time period.
Consultation.

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Assessments.

Analysis.
Determination.
Recommendations.

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Classified
information.

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PUBLIC LAW 116–283—JAN. 1, 2021

Secretary for Science and Technology of the Department of Homeland Security, and with respect to paragraphs (6) and (7) of subsection (b), in consultation with the Director of National Intelligence, shall submit to Congress a report on the state of digital
content forgery technology.
(b) CONTENTS.—Each report produced under subsection (a) shall
include the following:
(1) An assessment of the underlying technologies used to
create or propagate digital content forgeries, including the evolution of such technologies and patterns of dissemination of
such technologies.
(2) A description of the types of digital content forgeries,
including those used to commit fraud, cause harm, harass,
coerce, or silence vulnerable groups or individuals, or violate
civil rights recognized under Federal law.
(3) An assessment of how foreign governments, and the
proxies and networks thereof, use, or could use, digital content
forgeries to harm national security.
(4) An assessment of how non-governmental entities in
the United States use, or could use, digital content forgeries.
(5) An assessment of the uses, applications, dangers, and
benefits, including the impact on individuals, of deep learning
or digital content forgery technologies used to generate realistic
depictions of events that did not occur.
(6) An analysis of the methods used to determine whether
content is created by digital content forgery technology, and
an assessment of any effective heuristics used to make such
a determination, as well as recommendations on how to identify
and address suspect content and elements to provide warnings
to users of such content.
(7) A description of the technological countermeasures that
are, or could be, used to address concerns with digital content
forgery technology.
(8) Any additional information the Secretary determines
appropriate.
(c) CONSULTATION AND PUBLIC HEARINGS.—In producing each
report required under subsection (a), the Secretary may—
(1) consult with any other agency of the Federal Government that the Secretary considers necessary; and
(2) conduct public hearings to gather, or otherwise allow
interested parties an opportunity to present, information and
advice relevant to the production of the report.
(d) FORM OF REPORT.—Each report required under subsection
(a) shall be produced in unclassified form, but may contain a classified annex.
(e) APPLICABILITY OF OTHER LAWS.—
(1) FOIA.—Nothing in this section, or in a report produced
under this section, may be construed to allow the disclosure
of information or a record that is exempt from public disclosure
under section 552 of title 5, United States Code (commonly
known as the ‘‘Freedom of Information Act’’).
(2) PAPERWORK REDUCTION ACT.—Subchapter I of chapter
35 of title 44, United States Code (commonly known as the
‘‘Paperwork Reduction Act’’), shall not apply to this section.
(f) DIGITAL CONTENT FORGERY DEFINED.—In this section, the
term ‘‘digital content forgery technology’’ means the use of emerging
technologies, including artificial intelligence and machine learning

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techniques, to fabricate or manipulate audio, visual, or text content
with the intent to mislead.

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SEC. 9005. GAO STUDY OF CYBERSECURITY INSURANCE.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study to assess and analyze the state and availability
of insurance coverage in the United States for cybersecurity risks,
including by—
(1) identifying the number and dollar volume of cyber insurance policies currently in force and the percentage of businesses,
and specifically small businesses, that have cyber insurance
coverage;
(2) assessing the extent to which States have established
minimum standards for the scope of cyber insurance policies;
and
(3) identifying any barriers to modeling and underwriting
cybersecurity risks.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report setting forth the findings and conclusions of
the study conducted under subsection (a), including—
(1) recommendations on whether intervention by the Federal Government would help facilitate the growth and development of insurers offering coverage for cybersecurity risks; and
(2) a discussion of the availability and affordability of such
coverage and policyholder education regarding such coverage.

Assessment.
Analysis.

SEC. 9006. STRATEGY TO SECURE EMAIL.

Recommendations.
Deadline.
Standards.

(a) IN GENERAL.—Not later than December 31, 2021, the Secretary of Homeland Security shall develop and submit to Congress
a strategy, including recommendations, to implement across all
United States-based email providers Domain-based Message
Authentication, Reporting, and Conformance standard at scale.
(b) ELEMENTS.—The strategy required under subsection (a)
shall include the following:
(1) A recommendation for the minimum-size threshold for
United States-based email providers for applicability of
Domain-based Message Authentication, Reporting, and
Conformance.
(2) A description of the security and privacy benefits of
implementing the Domain-based Message Authentication,
Reporting, and Conformance standard at scale, including recommendations for national security exemptions, as appropriate,
as well as the burdens of such implementation and an identification of the entities on which such burdens would most
likely fall.
(3) An identification of key United States and international
stakeholders associated with such implementation.
(4) An identification of any barriers to such implementation, including a cost-benefit analysis where feasible.
(5) An initial estimate of the total cost to the Federal
Government and implementing entities in the private sector
of such implementation, including recommendations for
defraying such costs, if applicable.
(c) CONSULTATION.—In developing the strategy and recommendations under subsection (a), the Secretary of Homeland
Security may, as appropriate, consult with representatives from
the information technology sector.

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Cost estimate.

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(d) DEFINITION.—In this section, the term ‘‘Domain-based Message Authentication, Reporting, and Conformance’’ means an email
authentication, policy, and reporting protocol that verifies the
authenticity of the sender of an email and blocks and reports
to the sender fraudulent accounts.
SEC. 9007. DEPARTMENT OF HOMELAND SECURITY LARGE-SCALE NONINTRUSIVE INSPECTION SCANNING PLAN.
Deadline.

Inventory.

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Deadline.

Cost estimates.

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(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a plan for increasing
to 100 percent the rate of high-throughput scanning of commercial
and passenger vehicles and freight rail traffic entering the United
States at land ports of entry and rail-border crossings along the
border using large-scale non-intrusive inspection systems or similar
technology to enhance border security.
(b) BASELINE INFORMATION.—The plan under subsection (a)
shall include, at a minimum, the following information regarding
large-scale non-intrusive inspection systems or similar technology
operated by U.S. Customs and Border Protection at land ports
of entry and rail-border crossings as of the date of the enactment
of this Act:
(1) An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.
(2) For each system or technology identified in the inventory under paragraph (1)—
(A) the scanning method of such system or technology;
(B) the location of such system or technology at each
land port of entry that specifies whether in use in preprimary, primary, or secondary inspection area, or some
combination of such areas;
(C) the percentage of commercial and passenger
vehicles and freight rail traffic scanned by such system
or technology;
(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and
(E) the number of personnel required to operate each
system or technology.
(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and
human intelligence in conjunction with large scale, nonintrusive
inspection systems.
(c) ELEMENTS.—The plan under subsection (a) shall include
the following elements:
(1) Benchmarks for achieving incremental progress towards
100 percent high-throughput scanning within the next 6 years
of commercial and passenger vehicles and freight rail traffic
entering the United States at land ports of entry and railborder crossings along the border with corresponding projected
incremental improvements in scanning rates by fiscal year and
rationales for the specified timeframes for each land port of
entry.
(2) Estimated costs, together with an acquisition plan, for
achieving the 100 percent high-throughput scanning rate within
the timeframes specified in paragraph (1), including acquisition,

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134 STAT. 4779

operations, and maintenance costs for large-scale, nonintrusive
inspection systems or similar technology, and associated costs
for any necessary infrastructure enhancements or configuration
changes at each port of entry. Such acquisition plan shall
promote, to the extent practicable, opportunities for entities
that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total
number of commercial and passenger vehicles and freight rail
traffic entering at land ports of entry and rail-border crossings
where such systems are in use, and average wait times at
peak and non-peak travel times, by lane type if applicable,
as scanning rates are increased.
(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports
of entry and rail-border crossings border security operations
as a result of implementation actions, including any changes
to the number of U.S. Customs and Border Protection officers
or their duties and assignments.
(d) ANNUAL REPORT.—Not later than one year after the submission of the plan under subsection (a), and biennially thereafter
for the following six years, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that describes
the progress implementing the plan and includes—
(1) an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and
Border Protection at each land port of entry;
(2) for each system or technology identified in the inventory
required under paragraph (1)—
(A) the scanning method of such system or technology;
(B) the location of such system or technology at each
land port of entry that specifies whether in use in preprimary, primary, or secondary inspection area, or some
combination of such areas;
(C) the percentage of commercial and passenger
vehicles and freight rail traffic scanned by such system
or technology; and
(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;
(3) the total number of commercial and passenger vehicles
and freight rail traffic entering at each land port of entry
at which each system or technology is in use, and information
on average wait times at peak and non-peak travel times,
by lane type if applicable;
(4) a description of the progress towards reaching the
benchmarks referred to in subsection (c)(1), and an explanation
if any of such benchmarks are not achieved as planned;
(5) a comparison of actual costs (including information on
any awards of associated contracts) to estimated costs set forth
in subsection (c)(2);
(6) any realized impacts, as identified by the Commissioner
of U.S. Customs and Border Protection, on land ports of entry
and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S.

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PUBLIC LAW 116–283—JAN. 1, 2021
Customs and Border Protection officers or their duties and
assignments;
(7) any proposed changes to the plan and an explanation
for such changes, including changes made in response to any
Department of Homeland Security research and development
findings or changes in terrorist or transnational criminal
organizations tactics, techniques, or procedures; and
(8) any challenges to implementing the plan or meeting
the benchmarks, and plans to mitigate any such challenges.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘large-scale, non-intrusive inspection system’’
means a technology, including x-ray, gamma-ray, and passive
imaging systems, capable of producing an image of the contents
of a commercial or passenger vehicle or freight rail car in
1 pass of such vehicle or car.
(2) The term ‘‘scanning’’ means utilizing nonintrusive
imaging equipment, radiation detection equipment, or both,
to capture data, including images of a commercial or passenger
vehicle or freight rail car.

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.

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SEC.

9101.

MODIFICATION OF LICENSURE REQUIREMENTS FOR
DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROFESSIONALS PROVIDING TREATMENT VIA TELEMEDICINE.

Section 1730C(b) of title 38, United States Code, is amended
to read as follows:
‘‘(b) COVERED HEALTH CARE PROFESSIONALS.—For purposes of
this section, a covered health care professional is any of the following individuals:
‘‘(1) A health care professional who—
‘‘(A) is an employee of the Department appointed under
section 7306, 7401, 7405, 7406, or 7408 of this title or
under title 5;
‘‘(B) is authorized by the Secretary to provide health
care under this chapter;
‘‘(C) is required to adhere to all standards for quality
relating to the provision of health care in accordance with
applicable policies of the Department; and
‘‘(D)(i) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice

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the health care profession of the health care professional;
or
‘‘(ii) with respect to a health care profession listed
under section 7402(b) of this title, has the qualifications
for such profession as set forth by the Secretary.
‘‘(2) A postgraduate health care employee who—
‘‘(A) is appointed under section 7401(1), 7401(3), or
7405 of this title or title 5 for any category of personnel
described in paragraph (1) or (3) of section 7401 of this
title;
‘‘(B) must obtain an active, current, full, and unrestricted license, registration, or certification or meet qualification standards set forth by the Secretary within a specified time frame; and
‘‘(C) is under the clinical supervision of a health care
professional described in paragraph (1); or
‘‘(3) A health professions trainee who—
‘‘(A) is appointed under section 7405 or 7406 of this
title; and
‘‘(B) is under the clinical supervision of a health care
professional described in paragraph (1).’’.
SEC. 9102. ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS.

Section 1786 of title 38, United States Code, is amended—
(1) in subsection (a), by striking ‘‘The Secretary’’ and
inserting ‘‘Except as provided in subsection (c), the Secretary’’;
and
(2) by adding at the end the following new subsection:
‘‘(c) EXCEPTION BASED ON MEDICAL NECESSITY.—Pursuant to
such regulations as the Secretary shall prescribe to carry out this
section, the Secretary may furnish more than seven days of health
care services described in subsection (b), and may furnish transportation necessary to receive such services, to a newborn child based
on medical necessity if the child is in need of additional care,
including if the child has been discharged or released from a hospital and requires readmittance to ensure the health and welfare
of the child.’’.

Regulations.

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SEC. 9103. EXPANSION OF ELIGIBILITY FOR HUD–VASH.

(a) HUD PROVISIONS.—Section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding
at the end the following new subparagraph:
‘‘(D) VETERAN DEFINED.—In this paragraph, the term
‘veteran’ has the meaning given that term in section
2002(b) of title 38, United States Code.’’.
(b) VHA CASE MANAGERS.—Subsection (b) of section 2003 of
title 38, United States Code, is amended by adding at the end
the following: ‘‘In the case of vouchers provided under the HUD–
VASH program under section 8(o)(19) of such Act, for purposes
of the preceding sentence, the term ‘veteran’ shall have the meaning
given such term in section 2002(b) of this title.’’.
(c) ANNUAL REPORTS.—
(1) IN GENERAL.—Not less frequently than once each year,
the Secretary of Veterans Affairs shall submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on
the homelessness services provided under programs of the
Department of Veterans Affairs, including services under HUD–

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38 USC 2001
note.

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VASH program under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
(2) INCLUDED INFORMATION.—Each such annual report shall
include, with respect to the year preceding the submittal of
the report, a statement of the number of eligible individuals
who were furnished such homelessness services and the number
of individuals furnished such services under each such program,
disaggregated by the number of men who received such services
and the number of women who received such services, and
such other information as the Secretary considers appropriate.

SEC. 9104. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS
WHO SERVED ON ACTIVE DUTY IN THE ARMED FORCES
AFTER SEPTEMBER 11, 2001.

(a) STUDY.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Bureau of Labor Statistics of the
Department of Labor, shall conduct a study on why post-9/
11 veterans who are women are at higher risk of unemployment
than all other groups of women veterans and their non-veteran
counterparts.
(2) CONDUCT OF STUDY.—
(A) IN GENERAL.—The Secretary shall conduct the
study under paragraph (1) through the Center for Women
Veterans under section 318 of title 38, United States Code.
(B) CONSULTATION.—In carrying out the study conducted under paragraph (1), the Secretary may consult
with—
(i) the Department of Labor;
(ii) other Federal agencies, including the Department of Defense, the Office of Personnel Management,
and the Small Business Administration;
(iii) foundations; and
(iv) other entities in the private sector.
(3) ELEMENTS OF STUDY.—The study conducted under paragraph (1) shall include, with respect to post-9/11 veterans who
are women, an analysis of each of the following:
(A) Rank at the time of separation from the Armed
Forces.
(B) Geographic location of residence upon such separation.
(C) Highest level of education achieved as of the time
of such separation.
(D) The percentage of such veterans who enrolled in
a program of education or an employment training program
of the Department of Veterans Affairs or the Department
of Labor after such separation.
(E) Industries that have employed such veterans.
(F) Military occupational specialties of such veterans
while serving as members of the Armed Forces.
(G) Barriers to employment of such veterans.
(H) Causes of the fluctuations in employment of such
veterans.
(I) Employment training programs of the Department
of Veterans Affairs or the Department of Labor that are

Deadline.
Consultation.

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Analysis.

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available to such veterans as of the date of the enactment
of this Act.
(J) Economic indicators that affect the unemployment
of such veterans.
(K) Health conditions of such veterans that could affect
employment.
(L) Whether there are differences in the analyses conducted under subparagraphs (A) through (K) depending
on the race of such veterans.
(M) The difference between unemployment rates of
post-9/11 veterans who are women compared to unemployment rates of post-9/11 veterans who are men, including
an analysis of potential causes of such difference.
(N) Such other matters as the Secretary determines
appropriate.
(b) REPORT.—
(1) IN GENERAL.—Not later than 90 days after completing
the study under subsection (a), the Secretary shall submit
to the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives
a report on such study.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) The analysis conducted under subsection (a)(3).
(B) A description of the methods used to conduct the
study under subsection (a).
(C) Such other matters relating to the unemployment
rates of post-9/11 veterans who are women as the Secretary
considers appropriate.
(c) POST-9/11 VETERAN DEFINED.—In this section, the term
‘‘post-9/11 veteran’’ means a veteran who served on active duty
in the Armed Forces on or after September 11, 2001.
SEC. 9105. ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL
EXPOSURE RECORD.

Website.
38 USC 527 note.

The Secretary of Veterans Affairs shall provide to a veteran
read-only access to the documents of the veteran contained in
the Individual Longitudinal Exposure Record in a printable format
through a portal accessible through an internet website of the
Department of Veterans Affairs.

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SEC.

9106.

DEPARTMENT OF VETERANS
UNDISBURSED FUNDS.

AFFAIRS

REPORT

ON

(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans’ Affairs of the Senate
and House of Representatives a report on the undisbursed funds
of the Department of Veterans Affairs.
(b) ELEMENTS.—The report required under subsection (a) shall
include each of the following:
(1) The total quantities and value, for each of the preceding
ten fiscal years, of—
(A) the undisbursed funds in the possession of the
Department; and
(B) the undisbursed funds of the Department that were
transferred to the Department of Treasury.

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134 STAT. 4784

(2) The policies and procedures of the Department for managing undisbursed funds and for communicating with veterans,
other beneficiaries, and heirs regarding undisbursed funds.
(3) The challenges regarding the policies and procedures
identified under paragraph (2), any legal barriers to improving
such policies and procedures, and the plans of the Secretary
for improvement.
(c) REVIEW OF REPORT.—The Comptroller General of the United
States shall conduct a review of the report submitted under subsection (a).
(d) UNDISBURSED FUNDS DEFINED.—The term ‘‘undisbursed
funds’’—
(1) means any amount of money that is owed to a beneficiary and that has not been disbursed—
(A) in the case of an amount that is owed by reason
of an insurance benefit under chapter 19 of title 38, United
States Code, for a period of one year or longer; or
(B) in the case of an amount that is owed by reason
of any other benefit under the laws administered by the
Secretary of Veterans Affairs, for a period of 30 days or
longer; and
(2) does not include any amount of money that—
(A) has not been disbursed due to a contested claim
for benefits under the laws administered by the Secretary;
or
(B) is in dispute by two or more parties over who
is the entitled beneficiary.

Procedures.

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Plans.

California.
38 USC 2400
note.

SEC. 9107. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF VETERANS AFFAIRS FOR MAINTENANCE BY
NATIONAL CEMETERY ADMINISTRATION.

Contracts.
Effective date.

(a) AGREEMENT.—Beginning on the date that is 180 days after
the date on which the Secretary submits the report required by
subsection (c)(1), the Secretary of Veterans Affairs shall seek to
enter into an agreement with the city of Vallejo, California, under
which the city of Vallejo shall transfer to the Secretary all right,
title, and interest in the Mare Island Naval Cemetery in Vallejo,
California, at no cost to the Secretary. The Secretary shall seek
to enter into such agreement before the date that is one year
after the date on which such report is submitted.
(b) MAINTENANCE BY NATIONAL CEMETERY ADMINISTRATION.—
If the Mare Island Naval Cemetery is transferred to the Secretary
of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery in the same
manner as other cemeteries under the jurisdiction of the National
Cemetery Administration.
(c) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives
a report on the feasibility and advisability of exercising the
authority to enter into an agreement under subsection (a).
(2) CONTENTS.—The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the feasibility and advisability
of entering into such an agreement.

Assessment.

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134 STAT. 4785

(B) An estimate of the costs, including both direct
and indirect costs, that the Department of Veterans Affairs
would incur by entering into such an agreement.
(d) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) it is only potentially advisable and feasible to transfer
the Mare Island Naval Cemetery from the city of Vallejo, California, to the Department of Veterans Affairs because the cemetery was previously under the control of the Department of
Defense; and
(2) the City of Vallejo should provide in-kind non-monetary
contributions for the improvement and maintenance of Mare
Island Naval Cemetery, including labor and equipment, to the
extent practicable, to the Department of Veterans Affairs, following any transfer of the cemetery to the Department.

Cost estimates.

SEC. 9108. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF
VETERANS AFFAIRS HANDLING OF DISABILITY COMPENSATION CLAIMS BY CERTAIN VETERANS.

Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall submit
to Congress a report containing an evaluation of how the Department of Veterans Affairs has handled claims for disability compensation under the laws administered by the Secretary of Veterans
Affairs submitted by veterans who—
(1) have type 1 diabetes; and
(2) have been exposed to an herbicide agent (as defined
in section 1116(a)(3) of title 38, United States Code).
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.

Section 1116(a)(2) of title 38, United States Code, is amended
by adding at the end the following new subparagraphs:
‘‘(I) Parkinsonism.
‘‘(J) Bladder cancer.
‘‘(K) Hypothyroidism.’’.

TITLE XCII—COMMUNICATIONS
MATTERS
Sec.
Sec.
Sec.
Sec.

9201.
9202.
9203.
9204.

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

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SEC. 9201. RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT.

47 USC 1206.

(a) WIRELESS EMERGENCY ALERTS SYSTEM OFFERINGS.—
(1) AMENDMENT.—Section 602(b)(2)(E) of the Warning,
Alert, and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is
amended—
(A) by striking the second and third sentences; and
(B) by striking ‘‘other than an alert issued by the
President.’’ and inserting the following: ‘‘other than an
alert issued by—
‘‘(i) the President; or

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Deadline.
Consultation.

Deadlines.
Regulations.

Review.

Review.
Update.
Certification.

Approval.
Notification.

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Consultation.
Regulations.
Records.
Examination.

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‘‘(ii) the Administrator of the Federal Emergency
Management Agency.’’.
(2) REGULATIONS.—Not later than 180 days after the date
of enactment of this Act, the Commission, in consultation with
the Administrator, shall adopt regulations to implement the
amendment made by paragraph (1)(B).
(b) STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY
COMMUNICATIONS COMMITTEES.—
(1) STATE EMERGENCY COMMUNICATIONS COMMITTEE.—Not
later than 180 days after the date of enactment of this Act,
the Commission shall adopt regulations that—
(A) encourage the chief executive of each State—
(i) to establish an SECC if the State does not
have an SECC; or
(ii) if the State has an SECC, to review the composition and governance of the SECC;
(B) provide that—
(i) each SECC, not less frequently than annually,
shall—
(I) meet to review and update its State EAS
Plan;
(II) certify to the Commission that the SECC
has met as required under subclause (I); and
(III) submit to the Commission an updated
State EAS Plan; and
(ii) not later than 60 days after the date on which
the Commission receives an updated State EAS Plan
under clause (i)(III), the Commission shall—
(I) approve or disapprove the updated State
EAS Plan; and
(II) notify the chief executive of the State of
the Commission’s approval or disapproval of such
plan, and reason therefor; and
(C) establish a State EAS Plan content checklist for
SECCs to use when reviewing and updating a State EAS
Plan for submission to the Commission under subparagraph (B)(i).
(2) CONSULTATION.—The Commission shall consult with
the Administrator regarding the adoption of regulations under
paragraph (1)(C).
(3) DEFINITIONS.—In this subsection—
(A) the term ‘‘SECC’’ means a State Emergency
Communications Committee;
(B) the term ‘‘State’’ means any State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any possession of the United States; and
(C) the term ‘‘State EAS Plan’’ means a State Emergency Alert System Plan.
(c) FALSE ALERT REPORTING.—Not later than 180 days after
the date of enactment of this Act, the Commission, in consultation
with the Administrator, shall complete a rulemaking proceeding
to establish a system to receive from the Administrator or State,
Tribal, or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for

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134 STAT. 4787

the purpose of recording such false alerts and examining the causes
of such false alerts.
(d) REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR
NATIONAL SECURITY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commission, in consultation with
the Administrator, shall complete a rulemaking proceeding to
modify the Emergency Alert System to provide for repeating
Emergency Alert System messages while an alert remains
pending that is issued by—
(A) the President;
(B) the Administrator; or
(C) any other entity determined appropriate under the
circumstances by the Commission, in consultation with the
Administrator.
(2) SCOPE OF RULEMAKING.—Paragraph (1) shall—
(A) apply to warnings of national security events,
meaning emergencies of national significance, such as a
missile threat, terror attack, or other act of war or threat
to public safety; and
(B) not apply to more typical warnings, such as a
weather alert, AMBER Alert, or disaster alert.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to impair, limit, or otherwise change—
(A) the authority of the President granted by law to
alert and warn the public; or
(B) the role of the President as commander-in-chief
with respect to the identification, dissemination, notification, or alerting of information of missile threats against
the United States, or threats to public safety.
(e) INTERNET AND ONLINE STREAMING SERVICES EMERGENCY
ALERT EXAMINATION.—
(1) STUDY.—Not later than 180 days after the date of
enactment of this Act, and after providing public notice and
opportunity for comment, the Commission shall complete an
inquiry to examine the feasibility of updating the Emergency
Alert System to enable or improve alerts to consumers provided
through the internet, including through streaming services.
(2) REPORT.—Not later than 90 days after completing the
inquiry under paragraph (1), the Commission shall submit a
report on the findings and conclusions of the inquiry to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(f) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the Federal Emergency Management Agency;
(2) the term ‘‘Commission’’ means the Federal Communications Commission;
(3) the term ‘‘Emergency Alert System’’ means the national
public warning system, the rules for which are set forth in
part 11 of title 47, Code of Federal Regulations (or any successor
regulation); and
(4) the term ‘‘Wireless Emergency Alerts System’’ means
the wireless national public warning system established under
the Warning, Alert, and Response Network Act (47 U.S.C.

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Consultations.
Regulations.

President.
Determination.

Applicability.

Deadline.
Notice.
Public comments.

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134 STAT. 4788

PUBLIC LAW 116–283—JAN. 1, 2021
1201 et seq.), the rules for which are set forth in part 10
of title 47, Code of Federal Regulations (or any successor regulation).

SEC. 9202. WIRELESS SUPPLY CHAIN INNOVATION AND MULTILATERAL
SECURITY.

47 USC 906.

Grants.
Determination.

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Criteria.

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(a) COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.—
(1) PUBLIC WIRELESS SUPPLY CHAIN INNOVATION FUND.—
(A) ESTABLISHMENT.—
(i) IN GENERAL.—There is established in the
Treasury of the United States a trust fund to be known
as the ‘‘Public Wireless Supply Chain Innovation Fund’’
(referred to in this paragraph as the ‘‘Innovation
Fund’’).
(ii) AVAILABILITY.—
(I) IN GENERAL.—Amounts appropriated to the
Innovation Fund shall remain available through
the end of the tenth fiscal year beginning after
the date on which funds are appropriated to the
Fund.
(II) REMAINDER TO TREASURY.—Any amounts
remaining in the Innovation Fund after the end
of the tenth fiscal year beginning after the date
of appropriation shall be deposited in the general
fund of the Treasury.
(B) USE OF FUND.—
(i) IN GENERAL.—Amounts appropriated to the
Innovation Fund shall be available to the Secretary,
acting through the NTIA Administrator, to make
grants on a competitive basis under this paragraph
in such amounts as the Secretary, acting through the
NTIA Administrator, determines appropriate, subject
to clause (ii).
(ii) LIMITATION ON GRANT AMOUNTS.—The amount
of a grant awarded under this paragraph to a recipient
for a specific research focus area may not exceed
$50,000,000.
(C) ADMINISTRATION OF FUND.—The Secretary, acting
through the NTIA Administrator, in consultation with the
Commission, the Under Secretary of Commerce for Standards and Technology, the Secretary of Homeland Security,
the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office
of the Director of National Intelligence, shall establish
criteria for grants awarded under this paragraph, by the
NTIA Administrator and administer the Innovation Fund,
to support the following:
(i) Promoting and deploying technology, including
software, hardware, and microprocessing technology,
that will enhance competitiveness in the fifth-generation (commonly known as ‘‘5G’’) and successor wireless
technology supply chains that use open and interoperable interface radio access networks.
(ii) Accelerating commercial deployments of open
interface standards-based compatible, interoperable
equipment, such as equipment developed pursuant to
the standards set forth by organizations such as the

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134 STAT. 4789

O-RAN Alliance, the Telecom Infra Project, 3GPP, the
Open-RAN Software Community, or any successor
organizations.
(iii) Promoting and deploying compatibility of new
5G equipment with future open standards-based, interoperable equipment.
(iv) Managing integration of multi-vendor network
environments.
(v) Identifying objective criteria to define equipment as compliant with open standards for multivendor network equipment interoperability.
(vi) Promoting and deploying security features
enhancing the integrity and availability of equipment
in multi-vendor networks.
(vii) Promoting and deploying network function
virtualization to facilitate multi-vendor interoperability
and a more diverse vendor market.
(D) NONDUPLICATION.—To the greatest extent practicable, the Secretary, acting through the NTIA Administrator, shall ensure that any research funded by a grant
awarded under this paragraph avoids duplication of other
Federal or private sector research.
(E) TIMING.—Not later than one year after the date
on which funds are appropriated to the Innovation Fund,
the Secretary, acting through the NTIA Administrator,
shall begin awarding grants under this paragraph.
(F) FEDERAL ADVISORY BODY.—
(i)
ESTABLISHMENT.—The
Secretary,
acting
through the NTIA Administrator, and in consultation
with the Under Secretary of Commerce for Standards
and Technology, shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), composed of government
and private sector experts, to advise the Secretary
and the NTIA Administrator on the administration
of the Innovation Fund.
(ii) COMPOSITION.—The advisory committee established under clause (i) shall be composed of—
(I) representatives from—
(aa) the Commission;
(bb) the Department of Defense;
(cc) the Intelligence Advanced Research
Projects Activity of the Office of the Director
of National Intelligence;
(dd) the National Institute of Standards
and Technology;
(ee) the Department of State;
(ff) the National Science Foundation;
(gg) the Department of Homeland Security; and
(hh) the National Telecommunications and
Information Administration; and
(II) other representatives from the private and
public sectors, at the discretion of the NTIA
Administrator.
(iii) DUTIES.—The advisory committee established
under clause (i) shall advise the Secretary and the

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Consultation.

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Recommendations.

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NTIA Administrator on technology developments to
help inform—
(I) the strategic direction of the Innovation
Fund; and
(II) efforts of the Federal Government to promote a more secure, diverse, sustainable, and
competitive supply chain.
(G) REPORTS TO CONGRESS.—
(i) INITIAL REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary,
acting through the NTIA Administrator, shall submit
to the relevant committees of Congress a report with—
(I) additional recommendations on promoting
the competitiveness and sustainability of trusted
suppliers in the wireless supply chain; and
(II) any additional authorities needed to facilitate the timely adoption of open standards-based
equipment, including authority to provide loans,
loan guarantees, and other forms of credit extension that would maximize the use of funds.
(ii) ANNUAL REPORT.—For each fiscal year for
which amounts in the Innovation Fund are available
under this paragraph, the Secretary, acting through
the NTIA Administrator, shall submit to Congress a
report that—
(I) describes how, and to whom, amounts in
the Innovation Fund have been deployed;
(II) details the progress of the Secretary and
the NTIA Administrator in meeting the objectives
described in subparagraph (C); and
(III) includes any additional information that
the Secretary and the NTIA Administrator determine appropriate.
(2) MULTILATERAL TELECOMMUNICATIONS SECURITY FUND.—
(A) ESTABLISHMENT OF FUND.—
(i) IN GENERAL.—There is established in the
Treasury of the United States a trust fund to be known
as the ‘‘Multilateral Telecommunications Security
Fund’’.
(ii) USE OF FUND.—Amounts appropriated to the
Multilateral Telecommunications Security Fund shall
be available to the Secretary of State to make expenditures under this paragraph in such amounts as the
Secretary of State determines appropriate.
(iii) AVAILABILITY.—
(I) IN GENERAL.—Amounts appropriated to the
Multilateral Telecommunications Security Fund—
(aa) shall remain available through the
end of the tenth fiscal year beginning after
the date of appropriation; and
(bb) may only be allocated upon the Secretary of State reaching an arrangement or
agreement with foreign government partners
to participate in the common funding mechanism described in subparagraph (B).
(II) REMAINDER TO TREASURY.—Any amounts
remaining in the Multilateral Telecommunications

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134 STAT. 4791

Security Fund after the end of the tenth fiscal
year beginning after the date of the enactment
of this Act shall be deposited in the general fund
of the Treasury.
(B) ADMINISTRATION OF FUND.—The Secretary of State,
in consultation with the NTIA Administrator, the Secretary
of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, is authorized to establish
a common funding mechanism, in coordination with foreign
partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development
and adoption of secure and trusted telecommunications
technologies. In creating and sustaining a common funding
mechanism, the Secretary of State should leverage United
States funding in order to secure commitments and contributions from trusted foreign partners such as the United
Kingdom, Canada, Australia, New Zealand, and Japan,
and should prioritize the following objectives:
(i) Advancing research and development of secure
and trusted communications technologies.
(ii) Strengthening supply chains.
(iii) Promoting the use of trusted vendors.
(C) ANNUAL REPORT TO CONGRESS.—Not later than 1
year after the date of the enactment of this Act, and
annually thereafter for each fiscal year during which
amounts in the Multilateral Telecommunications Security
Fund are available, the Secretary of State shall submit
to the relevant committees of Congress a report on the
status and progress of the funding mechanism established
under subparagraph (B), including—
(i) any funding commitments from foreign partners, including each specific amount committed;
(ii) governing criteria for use of the Multilateral
Telecommunications Security Fund;
(iii) an account of—
(I) how, and to whom, funds have been
deployed;
(II) amounts remaining in the Multilateral
Telecommunications Security Fund; and
(III) the progress of the Secretary of State
in meeting the objective described in subparagraph
(B); and
(iv) additional authorities needed to enhance the
effectiveness of the Multilateral Telecommunications
Security Fund in achieving the security goals of the
United States.
(D) NOTIFICATIONS TO BE PROVIDED BY THE FUND.—
(i) IN GENERAL.—Not later than 15 days prior to
the Fund making a financial commitment associated
with the provision of expenditures under subparagraph
(A)(ii) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate congressional committees a report in writing that contains
the information required by clause (ii).
(ii) INFORMATION REQUIRED.—The information
required by this clause includes—

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Reports.

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Deadline.

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(I) the amount of each such expenditure;
(II) an identification of the recipient or beneficiary; and
(III) a description of the project or activity
and the purpose to be achieved of an expenditure
by the Fund.
(iii) ARRANGEMENTS OR AGREEMENTS.—The Secretary of State shall notify the appropriate congressional committees not later than 30 days after entering
into a new bilateral or multilateral arrangement or
agreement described in subparagraph (A)(iii)(I)(bb).
(iv) APPROPRIATE CONGRESSIONAL COMMITTEES
DEFINED.—In this subparagraph, the term ‘‘appropriate
congressional committees’’ means—
(I) the Committee on Foreign Relations of the
Senate;
(II) the Committee on Appropriations of the
Senate;
(III) the Committee on Foreign Affairs of the
House of Representatives; and
(IV) the Committee on Appropriations of the
House of Representatives.
(b) PROMOTING UNITED STATES LEADERSHIP IN INTERNATIONAL
ORGANIZATIONS
AND
COMMUNICATIONS
STANDARDS-SETTING
BODIES.—
(1) IN GENERAL.—The Secretary of State, the Secretary
of Commerce, and the Chairman of the Commission, or their
designees, shall consider how to enhance representation of the
United States at international forums that set standards for
5G networks and for future generations of wireless communications networks, including—
(A) the International Telecommunication Union (commonly known as ‘‘ITU’’);
(B) the International Organization for Standardization
(commonly known as ‘‘ISO’’);
(C) the Inter-American Telecommunication Commission (commonly known as ‘‘CITEL’’); and
(D) the voluntary standards organizations that develop
protocols for wireless devices and other equipment, such
as the 3GPP and the Institute of Electrical and Electronics
Engineers (commonly known as ‘‘IEEE’’).
(2) ANNUAL REPORT.—The Secretary of State, the Secretary
of Commerce, and the Chairman of the Commission shall jointly
submit to the relevant committees of Congress an annual report
on the progress made under paragraph (1).
(c) DEFINITIONS.— In this section:
(1) The term ‘‘3GPP’’ means the Third Generation Partnership Project.
(2) The term ‘‘5G network’’ means a radio network as
described by 3GPP Release 15 or higher.
(3) The term ‘‘Commission’’ means the Federal Communications Commission.
(4) The term ‘‘NTIA Administrator’’ means the Assistant
Secretary of Commerce for Communications and Information.
(5) The term ‘‘Open-RAN’’ means the Open Radio Access
Network approach to standardization adopted by the O-RAN
Alliance, Telecom Infra Project, or 3GPP, or any similar set

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4793

of open standards for multi-vendor network equipment interoperability.
(6) The term ‘‘relevant committees of Congress’’ means—
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives;
(H) the Committee on Foreign Affairs of the House
of Representatives;
(I) the Committee on Homeland Security of the House
of Representatives;
(J) the Committee on Armed Services of the House
of Representatives;
(K) the Committee on Energy and Commerce of the
House of Representatives; and
(L) the Committee on Appropriations of the House
of Representatives.
(7) The term ‘‘Secretary’’ means the Secretary of Commerce.

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SEC. 9203. SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION
EFFORTS.

(a) INITIAL INTERAGENCY SPECTRUM INFORMATION TECHNOLOGY
COORDINATION.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, in consultation with the Policy and Plans
Steering Group, shall identify a process to establish goals, including
parameters to measure the achievement of such goals, for the
modernization of the infrastructure of covered agencies relating
to managing the use of Federal spectrum by such agencies, which
shall include—
(1) the standardization of data inputs, modeling algorithms,
modeling and simulation processes, analysis tools with respect
to Federal spectrum, assumptions, and any other tool to ensure
interoperability and functionality with respect to such infrastructure;
(2) other potential innovative technological capabilities with
respect to such infrastructure, including cloud-based databases,
artificial intelligence technologies, automation, and improved
modeling and simulation capabilities;
(3) ways to improve the management of the use of Federal
spectrum by covered agencies through such infrastructure,
including by—
(A) increasing the efficiency of such infrastructure;
(B) addressing validation of usage with respect to such
infrastructure;
(C) increasing the accuracy of such infrastructure;
(D) validating models used by such infrastructure; and
(E) monitoring and enforcing requirements that are
imposed on covered agencies with respect to the use of
Federal spectrum by covered agencies;

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Plans.
47 USC 902 note.
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Standards.
Data.

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134 STAT. 4794

(4) ways to improve the ability of covered agencies to meet
mission requirements in congested environments with respect
to Federal spectrum, including as part of automated adjustments to operations based on changing conditions in such
environments;
(5) the creation of a time-based automated mechanism—
(A) to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to
Federal spectrum by such agencies; and
(B) that could be scaled across Federal spectrum; and
(6) the collaboration between covered agencies necessary
to ensure the interoperability of Federal spectrum.
(b) SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION.—
(1) IN GENERAL.—Not later than 240 days after the date
of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall submit to
Congress a report that contains a plan for the National Telecommunications and Information Administration (in this section referred to as the ‘‘NTIA’’) to modernize and automate
the infrastructure of the NTIA relating to managing the use
of Federal spectrum by covered agencies so as to more efficiently
manage such use.
(2) CONTENTS.—The report required by paragraph (1) shall
include—
(A) an assessment of the current, as of the date on
which such report is submitted, infrastructure of the NTIA
described in such paragraph;
(B) an acquisition strategy for the modernized infrastructure of the NTIA described in such paragraph,
including how such modernized infrastructure will enable
covered agencies to be more efficient and effective in the
use of Federal spectrum;
(C) a timeline for the implementation of the modernization efforts described in such paragraph;
(D) plans detailing how the modernized infrastructure
of the NTIA described in such paragraph will—
(i) enhance the security and reliability of such
infrastructure so that the NTIA is in compliance with
the requirements of subchapter II of chapter 35 of
title 44, United States Code, with respect to such infrastructure;
(ii) improve data models and analysis tools to
increase the efficiency of the spectrum use described
in such paragraph;
(iii) enhance automation and workflows, and
reduce the scope and level of manual effort, in order
to—
(I) administer the management of the spectrum use described in such paragraph; and
(II) improve data quality and processing time;
and
(iv) improve the timeliness of spectrum analyses
and requests for information, including requests submitted pursuant to section 552 of title 5, United States
Code;

Assessment.

Acquisition
strategy.

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134 STAT. 4795

(E) an operations and maintenance plan with respect
to the modernized infrastructure of the NTIA described
in such paragraph;
(F) a strategy for coordination between the covered
agencies within the Policy and Plans Steering Group, which
shall include—
(i) a description of—
(I) such coordination efforts, as in effect on
the date on which such report is submitted; and
(II) a plan for coordination of such efforts after
the date on which such report is submitted,
including with respect to the efforts described in
subsection (c);
(ii) a plan for standardizing—
(I) electromagnetic spectrum analysis tools;
(II) modeling and simulation processes and
technologies; and
(III) databases to provide technical interference assessments that are usable across the
Federal Government as part of a common spectrum
management infrastructure for covered agencies;
and
(iii) a plan for each covered agency to implement
a modernization plan described in subsection (c)(1) that
is tailored to the particular timeline of such agency;
(G) identification of manually intensive processes
involved in managing Federal spectrum and proposed
enhancements to such processes;
(H) metrics to evaluate the success of the modernization efforts described in such paragraph and any similar
future efforts; and
(I) an estimate of the cost of the modernization efforts
described in such paragraph and any future maintenance
with respect to the modernized infrastructure of the NTIA
described in such paragraph, including the cost of any
personnel and equipment relating to such maintenance.
(c) COVERED AGENCY SPECTRUM INFORMATION TECHNOLOGY
MODERNIZATION.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the head of each covered agency
shall submit to the Assistant Secretary of Commerce for
Communications and Information and the Policy and Plans
Steering Group a report that describes a plan for such agency
to modernize the infrastructure of such agency with respect
to the use of Federal spectrum by such agency so that such
modernized infrastructure of such agency is interoperable with
the modernized infrastructure of the NTIA, as described in
subsection (b).
(2) CONTENTS.—Each report submitted by the head of a
covered agency under paragraph (1) shall—
(A) include—
(i) an assessment of the current, as of the date
on which such report is submitted, management
capabilities of such agency with respect to the use
of frequencies that are assigned to such agency, which
shall include a description of any challenges faced by
such agency with respect to such management;

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Strategy.

Plan.

Evaluation.

Cost estimate.

Assessment.

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Timeline.

Strategies.

Classified
information.

Deadlines.
Review.

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(ii) a timeline for completion of the modernization
efforts described in such paragraph;
(iii) a description of potential innovative technological capabilities for the management of frequencies
that are assigned to such agency, as determined under
subsection (a);
(iv) identification of agency-specific requirements
or constraints relating to the infrastructure of such
agency;
(v) identification of any existing, as of the date
on which such report is submitted, systems of such
agency that are duplicative of the modernized infrastructure of the NTIA, as described in subsection (b);
and
(vi) with respect to the report submitted by the
Secretary of Defense—
(I) a strategy for the integration of systems
or the flow of data among the Armed Forces, the
military departments, the Defense Agencies and
Department of Defense Field Activities, and other
components of the Department of Defense;
(II) a plan for the implementation of solutions
to the use of Federal spectrum by the Department
of Defense involving information at multiple levels
of classification; and
(III) a strategy for addressing, within the modernized infrastructure of the Department of
Defense described in such paragraph, the exchange
of information between the Department of Defense
and the NTIA in order to accomplish required
processing of all Department of Defense domestic
spectrum coordination and management activities;
and
(B) be submitted in an unclassified format, with a
classified annex, as appropriate.
(3) NOTIFICATION OF CONGRESS.—Upon submission of a
report under paragraph (1), the head of a covered agency shall
notify Congress that such report has been submitted.
(d) GAO OVERSIGHT.—The Comptroller General of the United
States shall—
(1) not later than 180 days after the date of the enactment
of this Act, conduct a review of the infrastructure of covered
agencies, as such infrastructure exists on the date of the enactment of this Act;
(2) upon submission of all of the reports required by subsection (c), begin conducting oversight of the implementation
of the modernization plans submitted by the Assistant Secretary and covered agencies under subsections (b) and (c),
respectively;
(3) not later than 2 years after the date on which the
Comptroller General begins conducting oversight under paragraph (2), and biennially thereafter until December 31, 2030,
submit a report regarding such oversight to—
(A) with respect to the implementation of the modernization plan of the Department of Defense, the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives; and

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(B) with respect to the implementation of the modernization plans of all covered agencies, including the
Department of Defense, the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(4) until December 31, 2030, provide regular briefings to—
(A) with respect to the application of this section to
the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives; and
(B) with respect to the application of this section to
all covered agencies, including the Department of Defense,
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce
of the House of Representatives.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered agency’’—
(A) means any Federal entity that the Assistant Secretary of Commerce for Communications and Information
determines is appropriate; and
(B) includes the Department of Defense.
(2) The term ‘‘Federal entity’’ has the meaning given such
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(l)).
(3) The term ‘‘Federal spectrum’’ means frequencies
assigned on a primary basis to a covered agency.
(4) The term ‘‘infrastructure’’ means information technology
systems and information technologies, tools, and databases.

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SEC. 9204. INTERNET OF THINGS.

Briefings.

47 USC 901 note.

(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(3) STEERING COMMITTEE.—The term ‘‘steering committee’’
means the steering committee established under subsection
(b)(5)(A).
(4) WORKING GROUP.—The term ‘‘working group’’ means
the working group convened under subsection (b)(1).
(b) FEDERAL WORKING GROUP.—
(1) IN GENERAL.—The Secretary shall convene a working
group of Federal stakeholders for the purpose of providing
recommendations and a report to Congress relating to the
aspects of the Internet of Things described in paragraph (2).
(2) DUTIES.—The working group shall—
(A) identify any Federal regulations, statutes, grant
practices, budgetary or jurisdictional challenges, and other
sector-specific policies that are inhibiting, or could inhibit,
the development or deployment of the Internet of Things;
(B) consider policies or programs that encourage and
improve coordination among Federal agencies that have
responsibilities that are relevant to the objectives of this
section;

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(C) consider any findings or recommendations made
by the steering committee and, where appropriate, act to
implement those recommendations;
(D) examine—
(i) how Federal agencies can benefit from utilizing
the Internet of Things;
(ii) the use of Internet of Things technology by
Federal agencies as of the date on which the working
group performs the examination;
(iii) the preparedness and ability of Federal agencies to adopt Internet of Things technology as of the
date on which the working group performs the examination and in the future; and
(iv) any additional security measures that Federal
agencies may need to take to—
(I) safely and securely use the Internet of
Things, including measures that ensure the security of critical infrastructure; and
(II) enhance the resiliency of Federal systems
against cyber threats to the Internet of Things;
and
(E) in carrying out the examinations required under
subclauses (I) and (II) of subparagraph (D)(iv), ensure to
the maximum extent possible the coordination of the current and future activities of the Federal Government
relating to security with respect to the Internet of Things.
(3) AGENCY REPRESENTATIVES.—In convening the working
group under paragraph (1), the Secretary shall have discretion
to appoint representatives from Federal agencies and departments as appropriate and shall specifically consider seeking
representation from—
(A) the Department of Commerce, including—
(i) the National Telecommunications and Information Administration;
(ii) the National Institute of Standards and Technology; and
(iii) the National Oceanic and Atmospheric
Administration;
(B) the Department of Transportation;
(C) the Department of Homeland Security;
(D) the Office of Management and Budget;
(E) the National Science Foundation;
(F) the Commission;
(G) the Federal Trade Commission;
(H) the Office of Science and Technology Policy;
(I) the Department of Energy; and
(J) the Federal Energy Regulatory Commission.
(4) NONGOVERNMENTAL STAKEHOLDERS.—The working
group shall consult with nongovernmental stakeholders with
expertise relating to the Internet of Things, including—
(A) the steering committee;
(B) information and communications technology manufacturers, suppliers, service providers, and vendors;
(C) subject matter experts representing industrial sectors other than the technology sector that can benefit from
the Internet of Things, including the transportation,
energy, agriculture, and health care sectors;

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Consultation.

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134 STAT. 4799

(D) small, medium, and large businesses;
(E) think tanks and academia;
(F) nonprofit organizations and consumer groups;
(G) security experts;
(H) rural stakeholders; and
(I) other stakeholders with relevant expertise, as determined by the Secretary.
(5) STEERING COMMITTEE.—
(A) ESTABLISHMENT.—There is established within the
Department of Commerce a steering committee to advise
the working group.
(B) DUTIES.—The steering committee shall advise the
working group with respect to—
(i) the identification of any Federal regulations,
statutes, grant practices, programs, budgetary or jurisdictional challenges, and other sector-specific policies
that are inhibiting, or could inhibit, the development
of the Internet of Things;
(ii) situations in which the use of the Internet
of Things is likely to deliver significant and scalable
economic and societal benefits to the United States,
including benefits from or to—
(I) smart traffic and transit technologies;
(II) augmented logistics and supply chains;
(III) sustainable infrastructure;
(IV) precision agriculture;
(V) environmental monitoring;
(VI) public safety; and
(VII) health care;
(iii) whether adequate spectrum is available to
support the growing Internet of Things and what legal
or regulatory barriers may exist to providing any spectrum needed in the future;
(iv) policies, programs, or multi-stakeholder activities that—
(I) promote or are related to the privacy of
individuals who use or are affected by the Internet
of Things;
(II) may enhance the security of the Internet
of Things, including the security of critical infrastructure;
(III) may protect users of the Internet of
Things; and
(IV) may encourage coordination among Federal agencies with jurisdiction over the Internet
of Things;
(v) the opportunities and challenges associated
with the use of Internet of Things technology by small
businesses; and
(vi) any international proceeding, international
negotiation, or other international matter affecting the
Internet of Things to which the United States is or
should be a party.
(C) MEMBERSHIP.—The Secretary shall appoint to the
steering committee members representing a wide range
of stakeholders outside of the Federal Government with
expertise relating to the Internet of Things, including—

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134 STAT. 4800

Determination.
Recommendations.

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(i) information and communications technology
manufacturers, suppliers, service providers, and vendors;
(ii) subject matter experts representing industrial
sectors other than the technology sector that can benefit from the Internet of Things, including the transportation, energy, agriculture, and health care sectors;
(iii) small, medium, and large businesses;
(iv) think tanks and academia;
(v) nonprofit organizations and consumer groups;
(vi) security experts;
(vii) rural stakeholders; and
(viii) other stakeholders with relevant expertise,
as determined by the Secretary.
(D) REPORT.—Not later than 1 year after the date
of enactment of this Act, the steering committee shall
submit to the working group a report that includes any
findings or recommendations of the steering committee.
(E) INDEPENDENT ADVICE.—
(i) IN GENERAL.—The steering committee shall set
the agenda of the steering committee in carrying out
the duties of the steering committee under subparagraph (B).
(ii) SUGGESTIONS.—The working group may suggest topics or items for the steering committee to study,
and the steering committee shall take those suggestions into consideration in carrying out the duties of
the steering committee.
(iii) REPORT.—The steering committee shall ensure
that the report submitted under subparagraph (D) is
the result of the independent judgment of the steering
committee.
(F) NO COMPENSATION FOR MEMBERS.—A member of
the steering committee shall serve without compensation.
(G) TERMINATION.—The steering committee shall
terminate on the date on which the working group submits
the report under paragraph (6).
(6) REPORT TO CONGRESS.—
(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this Act, the working group shall
submit to Congress a report that includes—
(i) the findings and recommendations of the
working group with respect to the duties of the working
group under paragraph (2);
(ii) the report submitted by the steering committee
under paragraph (5)(D), as the report was received
by the working group;
(iii) recommendations for action or reasons for
inaction, as applicable, with respect to each recommendation made by the steering committee in the
report submitted under paragraph (5)(D); and
(iv) an accounting of any progress made by Federal
agencies to implement recommendations made by the
working group or the steering committee.
(B) COPY OF REPORT.—The working group shall submit
a copy of the report described in subparagraph (A) to—

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134 STAT. 4801

(i) the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural Resources of the Senate;
(ii) the Committee on Energy and Commerce of
the House of Representatives; and
(iii) any other committee of Congress, upon request
to the working group.
(c) ASSESSING SPECTRUM NEEDS.—
(1) IN GENERAL.—The Commission, in consultation with
the National Telecommunications and Information Administration, shall issue a notice of inquiry seeking public comment
on the current, as of the date of enactment of this Act, and
future spectrum needs to enable better connectivity relating
to the Internet of Things.
(2) REQUIREMENTS.—In issuing the notice of inquiry under
paragraph (1), the Commission shall seek comments that consider and evaluate—
(A) whether adequate spectrum is available, or is
planned for allocation, for commercial wireless services that
could support the growing Internet of Things;
(B) if adequate spectrum is not available for the purposes described in subparagraph (A), how to ensure that
adequate spectrum is available for increased demand with
respect to the Internet of Things;
(C) what regulatory barriers may exist to providing
any needed spectrum that would support uses relating
to the Internet of Things; and
(D) what the role of unlicensed and licensed spectrum
is and will be in the growth of the Internet of Things.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives a report summarizing the comments submitted
in response to the notice of inquiry issued under paragraph
(1).

Consultation.

Evaluation.

Summary.

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.

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SEC. 9301. REQUIREMENT FOR FACILITATION OF ESTABLISHMENT OF
SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.

(a) REQUIREMENT TO FACILITATE ESTABLISHMENT.—Subsection
(c)(1) of section 5323 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (division E of Public Law 116–92; 50 U.S.C. 3369)
is amended—
(1) by striking ‘‘The Director’’ and inserting ‘‘Not later
than June 1, 2021, the Director’’; and
(2) by striking ‘‘may’’ and inserting ‘‘shall’’.
(b) REPORTING ON FOREIGN MALIGN INFLUENCE CAMPAIGNS ON
SOCIAL MEDIA PLATFORMS TARGETING ELECTIONS FOR FEDERAL
OFFICE.—Such section is amended—

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Estimate.

Classified
information.

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Assessments.
Reports.
Coordination.

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(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new subsection (f):
‘‘(f) FOREIGN MALIGN INFLUENCE CAMPAIGNS ON SOCIAL MEDIA
PLATFORMS TARGETING ELECTIONS FOR FEDERAL OFFICE.—
‘‘(1) REPORTS.—
‘‘(A) REQUIREMENT.—Not later than 90 days before the
date of each regularly scheduled general election for Federal office, the Director of the Center shall submit to the
appropriate congressional committees a report on foreign
malign influence campaigns on and across social media
platforms targeting such election.
‘‘(B) MATTERS INCLUDED.—Each report under subparagraph (A) shall include an analysis of the following:
‘‘(i) The patterns, tools, and techniques of foreign
malign influence campaigns across all platforms on
social media by a covered foreign country targeting
a regularly scheduled general election for Federal
office.
‘‘(ii) Inauthentic accounts and ‘bot’ networks across
platforms, including the scale to which such accounts
or networks exist, how platforms currently act to
remove such accounts or networks, and what percentage of such accounts or networks have been removed
during the period covered by the report.
‘‘(iii) The estimated reach and impact of intentional
or weaponized disinformation by inauthentic accounts
and ‘bot’ networks, including an analysis of amplification by users and algorithmic distribution.
‘‘(iv) The trends of types of media that are being
used for dissemination through foreign malign influence campaigns, including machine-manipulated
media, and the intended targeted groups.
‘‘(C) INITIAL REPORT.—Not later than August 1, 2021,
the Director of the Center shall submit to the appropriate
congressional committees a report under subparagraph (A)
addressing the regularly scheduled general election for Federal office occurring during 2020.
‘‘(D) FORM.—Each report under this paragraph shall
be submitted in an unclassified form, but may include
a classified annex.
‘‘(2) BRIEFINGS.—
‘‘(A) REQUIREMENT.—Not later than 30 days after the
date on which the Director submits to the appropriate
congressional committees a report under paragraph (1),
the Director of National Intelligence, in coordination with
the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation, shall provide to such committees a briefing assessing
threats from foreign malign influence campaigns on social
media from covered countries to the regularly scheduled
general election for Federal office covered by the report.
‘‘(B) MATTERS TO BE INCLUDED.—Each briefing under
subparagraph (A) shall include the following:
‘‘(i) The patterns, tools, and techniques of foreign
malign influence campaigns across all platforms on

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134 STAT. 4803

social media by a covered foreign country targeting
a regularly scheduled general election for Federal
office.
‘‘(ii) An assessment of the findings from the report
for which the briefing is provided.
‘‘(iii) The activities and methods used to mitigate
the threats associated with such findings by the
Department of Defense, the Department of Homeland
Security, or other relevant departments or agencies
of the Federal Government.
‘‘(iv) The steps taken by departments or agencies
of the Federal Government to cooperate with social
media companies to mitigate the threats identified.’’.
(c) DEFINITIONS.—Subsection (h) of such section, as redesignated by subsection (b) of this section, is amended to read as
follows:
‘‘(h) DEFINITIONS.—
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the congressional intelligence committees;
‘‘(B) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Homeland Security,
the Committee on Foreign Affairs, and the Committee on
the Judiciary of the House of Representatives; and
‘‘(C) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Homeland Security
and Government Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
‘‘(2) COVERED FOREIGN COUNTRY AND FOREIGN MALIGN
INFLUENCE.—The terms ‘covered foreign country’ and ‘foreign
malign influence’ have the meanings given those terms in section 119C of the National Security Act of 1947 (50 U.S.C.
3059).
‘‘(3) MACHINE-MANIPULATED MEDIA.—The term ‘machinemanipulated media’ has the meaning given that term in section
5724.’’.
(d) CONFORMING AMENDMENTS.—
(1) REPORTING.—Subsection (d) of such section is
amended—
(A) in the matter preceding paragraph (1), by striking
‘‘If the Director’’ and all that follows through ‘‘the Center,
the’’ and inserting ‘‘The’’; and
(B) in paragraph (1), by striking ‘‘180 days after the
date of the enactment of this Act’’ and inserting ‘‘August
1, 2021’’.
(2) FUNDING.—Subsection (g) of such section, as redesignated by subsection (b) of this section, is amended by striking
‘‘fiscal year 2020 and 2021’’ and inserting ‘‘fiscal year 2021
and 2022’’.
(3) CLERICAL.—Such section 5323 is further amended—
(A) in the section heading, by striking ‘‘ENCOURAGEMENT OF’’; and
(B) in subsection (c)—
(i) in the subsection heading, by striking
‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’; and
(ii) in paragraph (1), in the paragraph heading,
by striking ‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 9302. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING
THREATS THAT INDIVIDUALLY OR COLLECTIVELY
AFFECT NATIONAL SECURITY, FINANCIAL SECURITY, OR
BOTH.
Deadline.
Coordination.

Assessments.

Recommendations.

Reports.
Classified
information.

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Deadline.

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(a) INDEPENDENT STUDY.—Not later than 30 days after the
date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of the Treasury and
the heads of other relevant departments and agencies of the Federal
Government, shall seek to enter into a contract with a federally
funded research and development center under which the center
will conduct a study on identifying and addressing threats that
individually or collectively affect national security, financial security, or both.
(b) ELEMENTS OF STUDY.—In carrying out the study under
subsection (a), the federally funded research and development center
selected under such subsection shall—
(1) identify threats that individually or collectively affect
national security, financial security, or both, including—
(A) foreign influence in companies seeking to access
capital markets by conducting initial public offerings in
other countries;
(B) the use of financial instruments, markets, payment
systems, or digital assets in ways that appear legitimate
but may be part of a foreign malign strategy to weaken
or undermine the economic security of the United States;
and
(C) any other known or potential threats that individually or collectively affect national security, financial security, or both currently or in the foreseeable future;
(2) assess the extent to which the United States Government is currently able to identify and characterize the threats
identified under paragraph (1);
(3) assess the extent to which the United States Government is currently able to address the risk posed by the threats
identified under paragraph (1);
(4) assess whether current levels of information sharing
and cooperation between the United States Government and
allies and partners of the United States have been helpful
or can be improved upon in order for the United States Government to identify, characterize, and mitigate the threats identified under paragraph (1); and
(5) recommend opportunities, and any such authorities or
resources required, to improve the efficiency and effectiveness
of the United States Government in identifying and countering
the threats identified under paragraph (1).
(c) SUBMISSION TO DIRECTOR OF NATIONAL INTELLIGENCE.—
Not later than 180 days after the date of the enactment of this
Act, the federally funded research and development center selected
to conduct the study under subsection (a) shall submit to the
Director of National Intelligence a report on the results of the
study in both classified and unclassified form.
(d) SUBMISSION TO CONGRESS.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the Director of National Intelligence receives the
report under subsection (c), the Director shall submit to the
appropriate congressional committees—

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134 STAT. 4805

(A) a copy of the report, without change, in both classified and unclassified form; and
(B) such comments as the Director, in coordination
with the Secretary of the Treasury and the heads of other
relevant departments and agencies of the Federal Government, may have with respect to the report.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this
subsection, the term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee on Financial Services, the Committee on Foreign Affairs, and the
Committee on Appropriations of the House of Representatives.

Records.
Consultation.

TITLE XCIV—SCIENCE, SPACE, AND
TECHNOLOGY MATTERS
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.
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.

Subtitle A—Cybersecurity Matters

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SEC. 9401. IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY
EDUCATION.

(a) PROGRAM IMPROVEMENTS GENERALLY.—Subsection (a) of
section 401 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7451) is amended—
(1) in paragraph (5), by striking ‘‘; and’’ and inserting
a semicolon;
(2) by redesignating paragraph (6) as paragraph (10); and
(3) by inserting after paragraph (5) the following:
‘‘(6) supporting efforts to identify cybersecurity workforce
skill gaps in public and private sectors;

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Coordination.

15 USC 7451
note.
Deadline.
Coordination.
Consultation.

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Coordination.

Deadline.
Coordination.
15 USC 7451
note.

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‘‘(7) facilitating Federal programs to advance cybersecurity
education, training, and workforce development;
‘‘(8) in coordination with the Department of Defense, the
Department of Homeland Security, and other appropriate agencies, considering any specific needs of the cybersecurity
workforce of critical infrastructure, including cyber physical
systems and control systems;
‘‘(9) advising the Director of the Office of Management
and Budget, as needed, in developing metrics to measure the
effectiveness and effect of programs and initiatives to advance
the cybersecurity workforce; and’’.
(b) STRATEGIC PLAN.—Subsection (c) of such section is
amended—
(1) by striking ‘‘The Director’’ and inserting the following:
‘‘(1) IN GENERAL.—The Director’’; and
(2) by adding at the end the following:
‘‘(2) REQUIREMENT.—The strategic plan developed and
implemented under paragraph (1) shall include an indication
of how the Director will carry out this section.’’.
(c) CYBERSECURITY CAREER PATHWAYS.—
(1) IDENTIFICATION OF MULTIPLE CYBERSECURITY CAREER
PATHWAYS.—In carrying out subsection (a) of such section and
not later than 540 days after the date of the enactment of
this Act, the Director of the National Institute of Standards
and Technology shall, in coordination with the Secretary of
Defense, the Secretary of Homeland Security, the Director of
the Office of Personnel Management, and the heads of other
appropriate agencies, use a consultative process with other
Federal agencies, academia, and industry to identify multiple
career pathways for cybersecurity work roles that can be used
in the private and public sectors.
(2) REQUIREMENTS.—The Director shall ensure that the
multiple cybersecurity career pathways identified under paragraph (1) indicate the knowledge, skills, and abilities, including
relevant education, training, internships, apprenticeships, certifications, and other experiences, that—
(A) align with employers’ cybersecurity skill needs,
including proficiency level requirements, for its workforce;
and
(B) prepare an individual to be successful in entering
or advancing in a cybersecurity career.
(3) EXCHANGE PROGRAM.—Consistent with requirements
under chapter 37 of title 5, United States Code, the Director
of the National Institute of Standards and Technology, in
coordination with the Director of the Office of Personnel
Management, may establish a voluntary program for the
exchange of employees engaged in one of the cybersecurity
work roles identified in the National Initiative for Cybersecurity
Education (NICE) Cybersecurity Workforce Framework (NIST
Special Publication 800–181), or successor framework, between
the National Institute of Standards and Technology and private
sector institutions, including nonpublic or commercial
businesses, research institutions, or institutions of higher education, as the Director of the National Institute of Standards
and Technology considers feasible.
(d) PROFICIENCY TO PERFORM CYBERSECURITY TASKS.—Not later
than 540 days after the date of the enactment of this Act, the

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134 STAT. 4807

Director of the National Institute of Standards and Technology
shall, in coordination with the Secretary of Defense, the Secretary
of Homeland Security, and the heads of other appropriate agencies—
(1) in carrying out subsection (a) of such section, assess
the scope and sufficiency of efforts to measure an individual’s
capability to perform specific tasks found in the National Initiative for Cybersecurity Education (NICE) Cybersecurity
Workforce Framework (NIST Special Publication 800–181) at
all proficiency levels; and
(2) submit to Congress a report—
(A) on the findings of the Director with respect to
the assessment carried out under paragraph (1); and
(B) with recommendations for effective methods for
measuring the cybersecurity proficiency of learners.
(e) CYBERSECURITY METRICS.—Such section is further amended
by adding at the end the following:
‘‘(e) CYBERSECURITY METRICS.—In carrying out subsection (a),
the Director of the Office of Management and Budget may seek
input from the Director of the National Institute of Standards
and Technology, in coordination with the Department of Homeland
Security, the Department of Defense, the Office of Personnel
Management, and such agencies as the Director of the National
Institute of Standards and Technology considers relevant, to develop
quantifiable metrics for evaluating Federally funded cybersecurity
workforce programs and initiatives based on the outcomes of such
programs and initiatives.’’.
(f) REGIONAL ALLIANCES AND MULTISTAKEHOLDER PARTNERSHIPS.—Such section is further amended by adding at the end
the following:
‘‘(f) REGIONAL ALLIANCES AND MULTISTAKEHOLDER PARTNERSHIPS.—
‘‘(1) IN GENERAL.—Pursuant to section 2(b)(4) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(b)(4)), the Director shall establish cooperative agreements
between the National Initiative for Cybersecurity Education
(NICE) of the Institute and regional alliances or partnerships
for cybersecurity education and workforce.
‘‘(2) AGREEMENTS.—The cooperative agreements established
under paragraph (1) shall advance the goals of the National
Initiative for Cybersecurity Education Cybersecurity Workforce
Framework (NIST Special Publication 800–181), or successor
framework, by facilitating local and regional partnerships to—
‘‘(A) identify the workforce needs of the local economy
and classify such workforce in accordance with such framework;
‘‘(B) identify the education, training, apprenticeship,
and other opportunities available in the local economy;
and
‘‘(C) support opportunities to meet the needs of the
local economy.
‘‘(3) FINANCIAL ASSISTANCE.—
‘‘(A) FINANCIAL ASSISTANCE AUTHORIZED.—The Director
may award financial assistance to a regional alliance or
partnership with whom the Director enters into a cooperative agreement under paragraph (1) in order to assist the
regional alliance or partnership in carrying out the terms
of the cooperative agreement.

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Assessment.

Recommendations.

Contracts.

Contracts.

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PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(B) AMOUNT OF ASSISTANCE.—The aggregate amount
of financial assistance awarded under subparagraph (A)
per cooperative agreement shall not exceed $200,000.
‘‘(C) MATCHING REQUIREMENT.—The Director may not
award financial assistance to a regional alliance or partnership under subparagraph (A) unless the regional alliance
or partnership agrees that, with respect to the costs to
be incurred by the regional alliance or partnership in carrying out the cooperative agreement for which the assistance was awarded, the regional alliance or partnership
will make available (directly or through donations from
public or private entities) non-Federal contributions,
including in-kind contributions, in an amount equal to
50 percent of Federal funds provided under the award.
‘‘(4) APPLICATION.—
‘‘(A) IN GENERAL.—A regional alliance or partnership
seeking to enter into a cooperative agreement under paragraph (1) and receive financial assistance under paragraph
(3) shall submit to the Director an application therefore
at such time, in such manner, and containing such information as the Director may require.
‘‘(B) REQUIREMENTS.—Each application submitted
under subparagraph (A) shall include the following:
‘‘(i)(I) A plan to establish (or identification of, if
it already exists) a multistakeholder workforce partnership that includes—
‘‘(aa) at least one institution of higher education or nonprofit training organization; and
‘‘(bb) at least one local employer or owner
or operator of critical infrastructure.
‘‘(II) Participation from academic institutions
in the Federal Cyber Scholarships for Service Program, the National Centers of Academic Excellence
in Cybersecurity Program, or advanced technological education programs, as well as elementary
and secondary schools, training and certification
providers, State and local governments, economic
development organizations, or other community
organizations is encouraged.
‘‘(ii) A description of how the workforce partnership
would identify the workforce needs of the local
economy.
‘‘(iii) A description of how the multistakeholder
workforce partnership would leverage the programs
and objectives of the National Initiative for Cybersecurity Education, such as the Cybersecurity Workforce
Framework and the strategic plan of such initiative.
‘‘(iv) A description of how employers in the community will be recruited to support internships,
externships, apprenticeships, or cooperative education
programs in conjunction with providers of education
and training. Inclusion of programs that seek to include
veterans, Indian Tribes, and underrepresented groups,
including women, minorities, persons from rural and
underserved areas, and persons with disabilities is
encouraged.

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‘‘(v) A definition of the metrics to be used in determining the success of the efforts of the regional alliance
or partnership under the agreement.
‘‘(C) PRIORITY CONSIDERATION.—In awarding financial
assistance under paragraph (3)(A), the Director shall give
priority consideration to a regional alliance or partnership
that includes an institution of higher education that is
designated as a National Center of Academic Excellence
in Cybersecurity or which received an award under the
Federal Cyber Scholarship for Service program located in
the State or region of the regional alliance or partnership.
‘‘(5) AUDITS.—Each cooperative agreement for which financial assistance is awarded under paragraph (3) shall be subject
to audit requirements under part 200 of title 2, Code of Federal
Regulations (relating to uniform administrative requirements,
cost principles, and audit requirements for Federal awards),
or successor regulation.
‘‘(6) REPORTS.—
‘‘(A) IN GENERAL.—Upon completion of a cooperative
agreement under paragraph (1), the regional alliance or
partnership that participated in the agreement shall
submit to the Director a report on the activities of the
regional alliance or partnership under the agreement,
which may include training and education outcomes.
‘‘(B) CONTENTS.—Each report submitted under
subparagraph (A) by a regional alliance or partnership
shall include the following:
‘‘(i) An assessment of efforts made by the regional
alliance or partnership to carry out paragraph (2).
‘‘(ii) The metrics used by the regional alliance or
partnership to measure the success of the efforts of
the regional alliance or partnership under the cooperative agreement.’’.
(g) TRANSFER OF SECTION.—
(1) TRANSFER.—Such section is transferred to the end of
title III of such Act and redesignated as section 303.
(2) REPEAL.—Title IV of such Act is repealed.
(3) CLERICAL.—The table of contents in section 1(b) of such
Act is amended—
(A) by striking the items relating to title IV and section
401; and
(B) by inserting after the item relating to section 302
the following:

Assessment.

15 USC 7451,
7443.

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‘‘Sec. 303. National cybersecurity awareness and education program.’’.

(4) CONFORMING AMENDMENTS.—
(A) Section 302(3) of the Federal Cybersecurity
Workforce Assessment Act of 2015 (Public Law 114–113;
5 U.S.C. 301 note) is amended by striking ‘‘under section
401 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7451)’’ and inserting ‘‘under section 303 of the
Cybersecurity Enhancement Act of 2014 (Public Law 113–
274)’’.
(B) Section 2(c)(3) of the NIST Small Business Cybersecurity Act (Public Law 115–236; 15 U.S.C. 272 note) is
amended by striking ‘‘under section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451)’’ and

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134 STAT. 4810

PUBLIC LAW 116–283—JAN. 1, 2021
inserting ‘‘under section 303 of the Cybersecurity Enhancement Act of 2014 (Public Law 113–274)’’.
(C) Section 302(f) of the Cybersecurity Enhancement
Act of 2014 (15 U.S.C. 7442(f)) is amended by striking
‘‘under section 401’’ and inserting ‘‘under section 303’’.

SEC. 9402. DEVELOPMENT OF STANDARDS AND GUIDELINES FOR
IMPROVING CYBERSECURITY WORKFORCE OF FEDERAL
AGENCIES.

Deadline.
15 USC 278g–3
note.

(a) IN GENERAL.—Section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g–3(a)) is amended—
(1) in paragraph (3), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) identify and develop standards and guidelines for
improving the cybersecurity workforce for an agency as part
of the National Initiative for Cybersecurity Education (NICE)
Cybersecurity Workforce Framework (NIST Special Publication
800–181), or successor framework.’’.
(b) PUBLICATION OF STANDARDS AND GUIDELINES ON CYBERSECURITY AWARENESS.—Not later than three years after the date
of the enactment of this Act and pursuant to section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g–3), the Director of the National Institute of Standards and
Technology shall publish standards and guidelines for improving
cybersecurity awareness of employees and contractors of Federal
agencies.

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SEC. 9403. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FORSERVICE PROGRAM.

Section 302 of the Cybersecurity Enhancement Act of 2014
(15 U.S.C. 7442) is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘information technology’’ and inserting ‘‘information technology and cybersecurity’’;
(B) by amending paragraph (3) to read as follows:
‘‘(3) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section
to ensure that—
‘‘(A) not less than 70 percent of such recipients are
placed in an executive agency (as defined in section 105
of title 5, United States Code);
‘‘(B) not more than 10 percent of such recipients are
placed as educators in the field of cybersecurity at qualified
institutions of higher education that provide scholarships
under this section; and
‘‘(C) not more than 20 percent of such recipients are
placed in positions described in paragraphs (2) through
(5) of subsection (d); and’’; and
(C) in paragraph (4), in the matter preceding subparagraph (A), by inserting ‘‘, including by seeking to provide
awards in coordination with other relevant agencies for
summer cybersecurity camp or other experiences, including
teacher training, in each of the 50 States,’’ after ‘‘cybersecurity education’’;

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(2) in subsection (d)—
(A) in paragraph (4), by striking ‘‘or’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(6) as provided by subsection (b)(3)(B), a qualified institution of higher education.’’; and
(3) in subsection (m)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘cyber’’ and inserting ‘‘cybersecurity’’;
and
(B) in paragraph (2), by striking ‘‘cyber’’ and inserting
‘‘cybersecurity’’.

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SEC. 9404. ADDITIONAL MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

Section 302 of the Cybersecurity Enhancement Act of 2014
(15 U.S.C. 7442) is further amended—
(1) in subsection (f)—
(A) in paragraph (4), by striking ‘‘and’’ after the semicolon; and
(B) by striking paragraph (5) and inserting the following:
‘‘(5) enter into an agreement accepting and acknowledging
the post award employment obligations, pursuant to section
(d);
‘‘(6) accept and acknowledge the conditions of support under
section (g); and
‘‘(7) accept all terms and conditions of a scholarship under
this section.’’;
(2) in subsection (g)—
(A) in paragraph (1), by inserting ‘‘the Office of Personnel Management (in coordination with the National
Science Foundation) and’’ before ‘‘the qualified institution’’;
(B) in paragraph (2)—
(i) in subparagraph (D), by striking ‘‘or’’ after the
semicolon; and
(ii) by striking subparagraph (E) and inserting
the following:
‘‘(E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or
‘‘(F) fails to fulfill the requirements of paragraph (1).’’;
(3) in subsection (h)(2), by inserting ‘‘and the Director of
the Office of Personnel Management’’ after ‘‘Foundation’’;
(4) in subsection (k)(1)(A), by striking ‘‘and the Director’’
and all that follows through ‘‘owed’’ and inserting ‘‘, the Director
of the National Science Foundation, and the Director of the
Office of Personnel Management of the amounts owed’’; and
(5) in subsection (m)(2), by striking ‘‘once every 3 years’’
and all that follows through ‘‘workforce’’ and inserting ‘‘once
every two years, to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Science, Space, and Technology and the Committee on Oversight and Reform of the House of Representatives a report,
including—

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Time period.

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134 STAT. 4812

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(A) the results of the evaluation under paragraph
(1);
‘‘(B) the disparity in any reporting between scholarship
recipients and their respective institutions of higher education; and
‘‘(C) any recent statistics regarding the size, composition, and educational requirements of the Federal cyber
workforce.’’.

SEC. 9405. CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE
FOUNDATION.

42 USC 1862s–6
note.

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51 USC 40901
note prec.

(a) COMPUTER SCIENCE AND CYBERSECURITY EDUCATION
RESEARCH.—Section 310 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–7) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘and cybersecurity’’
after ‘‘computer science’’; and
(B) in paragraph (2)—
(i) in subparagraph (C), by striking ‘‘ and’’ after
the semicolon;
(ii) in subparagraph (D), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(E) tools and models for the integration of cybersecurity and other interdisciplinary efforts into computer
science education and computational thinking at secondary
and postsecondary levels of education.’’; and
(2) in subsection (c), by inserting ‘‘, cybersecurity,’’ after
‘‘computing’’.
(b) SCIENTIFIC AND TECHNICAL EDUCATION.—Section 3(j)(9) of
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(j)(9)) is amended by inserting ‘‘and cybersecurity’’ after ‘‘computer science’’.
(c) LOW-INCOME SCHOLARSHIP PROGRAM.—Section 414(d) of the
American Competitiveness and Workforce Improvement Act of 1998
(42 U.S.C. 1869c) is amended—
(1) in paragraph (1), by striking ‘‘or computer science’’
and inserting ‘‘computer science, or cybersecurity’’; and
(2) in paragraph (2)(A)(iii), by inserting ‘‘cybersecurity,’’
after ‘‘computer science,’’.
(d) PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE.—The
Director of the National Science Foundation shall ensure that educators and mentors in fields relating to cybersecurity can be considered for—
(1) Presidential Awards for Excellence in Mathematics and
Science Teaching made under section 117 of the National
Science Foundation Authorization Act of 1988 (42 U.S.C.
1881b); and
(2) Presidential Awards for Excellence in STEM Mentoring
administered under section 307 of the American Innovation
and Competitiveness Act (42 U.S.C. 1862s–6).
SEC. 9406. CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION.

In carrying out any STEM education program of the National
Aeronautics and Space Administration (referred to in this section
as ‘‘NASA’’), including a program of the Office of STEM Engagement, the Administrator of NASA shall, to the maximum extent

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practicable, encourage the inclusion of cybersecurity education
opportunities in such program.
SEC. 9407. NATIONAL CYBERSECURITY CHALLENGES.

(a) IN GENERAL.—Title II of the Cybersecurity Enhancement
Act of 2014 (15 U.S.C. 7431 et seq.) is amended by adding at
the end the following:
‘‘SEC. 205. NATIONAL CYBERSECURITY CHALLENGES.

‘‘(a) ESTABLISHMENT

OF

15 USC 7432.

NATIONAL CYBERSECURITY CHAL-

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LENGES.—

‘‘(1) IN GENERAL.—To achieve high-priority breakthroughs
in cybersecurity by 2028, the Secretary of Commerce shall
establish the following national cybersecurity challenges:
‘‘(A) ECONOMICS OF A CYBER ATTACK.—Building more
resilient systems that measurably and exponentially raise
adversary costs of carrying out common cyber attacks.
‘‘(B) CYBER TRAINING.—
‘‘(i) Empowering the people of the United States
with an appropriate and measurably sufficient level
of digital literacy to make safe and secure decisions
online.
‘‘(ii) Developing a cybersecurity workforce with
measurable skills to protect and maintain information
systems.
‘‘(C) EMERGING TECHNOLOGY.—Advancing cybersecurity efforts in response to emerging technology, such as
artificial intelligence, quantum science, next generation
communications, autonomy, data science, and computational technologies.
‘‘(D) REIMAGINING DIGITAL IDENTITY.—Maintaining a
high sense of usability while improving the privacy, security, and safety of online activity of individuals in the
United States.
‘‘(E) FEDERAL AGENCY RESILIENCE.—Reducing cybersecurity risks to Federal networks and systems, and
improving the response of Federal agencies to cybersecurity
incidents on such networks and systems.
‘‘(2) COORDINATION.—In establishing the challenges under
paragraph (1), the Secretary shall coordinate with the Secretary
of Homeland Security on the challenges under subparagraphs
(B) and (E) of such paragraph.
‘‘(b) PURSUIT OF NATIONAL CYBERSECURITY CHALLENGES.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this section, the Secretary, acting through
the Under Secretary of Commerce for Standards and Technology, shall commence efforts to pursue the national cybersecurity challenges established under subsection (a).
‘‘(2) COMPETITIONS.—The efforts required by paragraph (1)
shall include carrying out programs to award prizes, including
cash and noncash prizes, competitively pursuant to the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719)
or any other applicable provision of law.
‘‘(3) ADDITIONAL AUTHORITIES.—In carrying out paragraph
(1), the Secretary may enter into and perform such other transactions as the Secretary considers necessary and on such terms
as the Secretary considers appropriate.

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‘‘(4) COORDINATION.—In pursuing national cybersecurity
challenges under paragraph (1), the Secretary shall coordinate
with the following:
‘‘(A) The Director of the National Science Foundation.
‘‘(B) The Secretary of Homeland Security.
‘‘(C) The Director of the Defense Advanced Research
Projects Agency.
‘‘(D) The Director of the Office of Science and Technology Policy.
‘‘(E) The Director of the Office of Management and
Budget.
‘‘(F) The Administrator of the General Services
Administration.
‘‘(G) The Federal Trade Commission.
‘‘(H) The heads of such other Federal agencies as the
Secretary of Commerce considers appropriate for purposes
of this section.
‘‘(5) SOLICITATION OF ACCEPTANCE OF FUNDS.—
‘‘(A) IN GENERAL.—Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719), the Secretary shall request and accept funds
from other Federal agencies, State, United States territory,
local, or Tribal government agencies, private sector forprofit entities, and nonprofit entities to support efforts
to pursue a national cybersecurity challenge under this
section.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) may be construed to require any person or entity
to provide funds or otherwise participate in an effort or
competition under this section.
‘‘(c) RECOMMENDATIONS.—
‘‘(1) IN GENERAL.—In carrying out this section, the Secretary of Commerce shall designate an advisory council to seek
recommendations.
‘‘(2) ELEMENTS.—The recommendations required by paragraph (1) shall include the following:
‘‘(A) A scope for efforts carried out under subsection
(b).
‘‘(B) Metrics to assess submissions for prizes under
competitions carried out under subsection (b) as the
submissions pertain to the national cybersecurity challenges established under subsection (a).
‘‘(3) NO ADDITIONAL COMPENSATION.—The Secretary may
not provide any additional compensation, except for travel
expenses, to a member of the advisory council designated under
paragraph (1) for participation in the advisory council.’’.
(b) CONFORMING AMENDMENTS.—Section 201(a)(1) of such Act
(15 U.S.C. 7431(a)(1)) is amended—
(1) in subparagraph (J), by striking ‘‘and’’ after the semicolon;
(2) by redesignating subparagraph (K) as subparagraph
(L); and
(3) by inserting after subparagraph (J) the following:
‘‘(K) implementation of section 205 through research
and development on the topics identified under subsection
(a) of such section; and’’.

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134 STAT. 4815

(c) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is amended by inserting after the item relating
to section 204 the following:
‘‘Sec. 205. National cybersecurity challenges.’’.

Subtitle B—Other Matters

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SEC. 9411. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.

Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting the
following new paragraph (3):
‘‘(3) ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE JURISDICTION.—The term ‘eligible
jurisdiction’ means a State that is determined to be
eligible for a grant under this paragraph in accordance
with subparagraph (D).
‘‘(ii) EPSCOR.—The term ‘EPSCoR’ means the
Established Program to Stimulate Competitive
Research operated under subparagraph (B).
‘‘(iii) NATIONAL LABORATORY.—The term ‘National
Laboratory’ has the meaning given the term in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
‘‘(iv) STATE.—The term ‘State’ means—
‘‘(I) a State;
‘‘(II) the District of Columbia;
‘‘(III) the Commonwealth of Puerto Rico;
‘‘(IV) Guam; and
‘‘(V) the United States Virgin Islands.
‘‘(B) PROGRAM OPERATION.—The Secretary shall
operate an Established Program to Stimulate Competitive
Research.
‘‘(C) OBJECTIVES.—The objectives of EPSCoR shall be—
‘‘(i) to increase the number of researchers in
eligible jurisdictions, especially at institutions of higher
education, capable of performing nationally competitive
science and engineering research in support of the
mission of the Department of Energy in the areas
of applied energy research, environmental management, and basic science;
‘‘(ii) to improve science and engineering research
and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, including through
investing in research equipment and instrumentation;
and
‘‘(iii) to increase the probability of long-term
growth of competitive funding to eligible jurisdictions.
‘‘(D) ELIGIBLE JURISDICTIONS.—
‘‘(i) IN GENERAL.—The Secretary may establish criteria for determining whether a State is eligible for
a grant under this paragraph.

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Grants.
Criteria.

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134 STAT. 4816

PUBLIC LAW 116–283—JAN. 1, 2021
‘‘(ii) REQUIREMENT.—Except as provided in clause
(iii), in establishing criteria under clause (i), the Secretary shall ensure that a State is eligible for a grant
under this paragraph if the State, as determined by
the Secretary, is a State that—
‘‘(I) historically has received relatively little
Federal research and development funding; and
‘‘(II) has demonstrated a commitment—
‘‘(aa) to develop the research bases in the
State; and
‘‘(bb) to improve science and engineering
research and education programs at institutions of higher education in the State.
‘‘(iii) ELIGIBILITY UNDER NSF EPSCOR.—At the election of the Secretary, or if the Secretary declines to
establish criteria under clause (i), the Secretary may
continue to use the eligibility criteria in use on the
date of enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021 or any successor criteria.
‘‘(E) GRANTS IN AREAS OF APPLIED ENERGY RESEARCH,
ENVIRONMENTAL MANAGEMENT, AND BASIC SCIENCE.—
‘‘(i) IN GENERAL.—EPSCoR shall make grants to
eligible jurisdictions to carry out and support applied
energy research and research in all areas of environmental management and basic science sponsored by
the Department of Energy, including—
‘‘(I) energy efficiency, fossil energy, renewable
energy, and other applied energy research;
‘‘(II) electricity delivery research;
‘‘(III) cybersecurity, energy security, and emergency response;
‘‘(IV) environmental management; and
‘‘(V) basic science research.
‘‘(ii) ACTIVITIES.—EPSCoR shall make grants
under this subparagraph for activities consistent with
the objectives described in subparagraph (C) in the
areas of applied energy research, environmental
management, and basic science described in clause
(i), including—
‘‘(I) to support research that is carried out
in partnership with the National Laboratories;
‘‘(II) to provide for graduate traineeships;
‘‘(III) to support research by early career faculty; and
‘‘(IV) to improve research capabilities through
biennial research implementation grants.
‘‘(iii) NO COST SHARING.—EPSCoR shall not impose
any cost-sharing requirement with respect to a grant
made under this subparagraph, but may require letters
of commitment from National Laboratories.
‘‘(F) OTHER ACTIVITIES.—EPSCoR may carry out such
activities as may be necessary to meet the objectives
described in subparagraph (C) in the areas of applied
energy research, environmental management, and basic
science described in subparagraph (E)(i).
‘‘(G) PROGRAM IMPLEMENTATION.—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4817

‘‘(i) IN GENERAL.—Not later than 270 days after
the date of enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, the Secretary shall submit to the
Committees on Energy and Natural Resources and
Appropriations of the Senate and the Committees on
Energy and Commerce and Appropriations of the
House of Representatives a plan describing how the
Secretary shall implement EPSCoR.
‘‘(ii) CONTENTS OF PLAN.—The plan described in
clause (i) shall include a description of—
‘‘(I) the management structure of EPSCoR,
which shall ensure that all research areas and
activities described in this paragraph are incorporated into EPSCoR;
‘‘(II) efforts to conduct outreach to inform
eligible jurisdictions and faculty of changes to, and
opportunities under, EPSCoR;
‘‘(III) how EPSCoR plans to increase engagement with eligible jurisdictions, faculty, and State
committees, including by holding regular workshops, to increase participation in EPSCoR; and
‘‘(IV) any other issues relating to EPSCoR that
the Secretary determines appropriate.
‘‘(H) PROGRAM EVALUATION.—
‘‘(i) IN GENERAL.—Not later than 5 years after
the date of enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, the Secretary shall contract with
a federally funded research and development center,
the National Academy of Sciences, or a similar
organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of—
‘‘(I) the tangible progress made towards
achieving the objectives described in subparagraph
(C);
‘‘(II) the impact of research supported by
EPSCoR on the mission of the Department of
Energy; and
‘‘(III) any other issues relating to EPSCoR that
the Secretary determines appropriate.
‘‘(ii) LIMITATION.—The organization with which the
Secretary contracts under clause (i) shall not be a
National Laboratory.
‘‘(iii) REPORT.—Not later than 6 years after the
date of enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021, the Secretary shall submit to the Committee
on Energy and Natural Resources and the Committee
on Appropriations of the Senate and the Committee
on Science, Space and Technology and the Committee
on Appropriations of the House of Representatives a
report describing the results of the assessment carried
out under clause (i), including recommendations for
improvements that would enable the Secretary to
achieve the objectives described in subparagraph (C).’’.

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Plan.

Deadline.
Contracts.
Assessments.

Recommendations.

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134 STAT. 4818
Industries of the
Future Act of
2020.
42 USC 6601
note.

Plans.
Definition.

Assessment.

Proposals.

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President.

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SEC. 9412. INDUSTRIES OF THE FUTURE.

(a) SHORT TITLE.—This section may be cited as the ‘‘Industries
of the Future Act of 2020’’.
(b) REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED
ON INDUSTRIES OF THE FUTURE.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Director of the Office of
Science and Technology Policy shall submit to Congress a report
on research and development investments, infrastructure, and
workforce development investments of the Federal Government
that enable continued United States leadership in industries
of the future.
(2) CONTENTS.—The report submitted under paragraph (1)
shall include the following:
(A) A definition, for purposes of this section, of the
term ‘‘industries of the future’’ that includes emerging technologies.
(B) An assessment of the current baseline of investments in civilian research and development investments
of the Federal Government in the industries of the future.
(C) A plan to double such baseline investments in
artificial intelligence and quantum information science by
fiscal year 2022.
(D) A detailed plan to increase investments described
in subparagraph (B) in industries of the future to
$10,000,000,000 per year by fiscal year 2025.
(E) A plan to leverage investments described in subparagraphs (B), (C), and (D) in industries of the future
to elicit complimentary investments by non-Federal entities, including providing incentives for significant complementary investments by such entities and facilitating
public-private partnerships.
(F) Proposals for the Federal Government, including
any necessary draft legislation, to implement such plans.
(c) INDUSTRIES OF THE FUTURE COORDINATION COUNCIL.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The President shall establish or designate a council to advise the Director of the Office of
Science and Technology Policy on matters relevant to the
Director and the industries of the future.
(B) DESIGNATION.—The council established or designated under subparagraph (A) shall be known as the
‘‘Industries of the Future Coordination Council’’ (in this
section the ‘‘Council’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Council shall be composed of
employees of the Federal Government who shall be
appointed as follows:
(i) One member appointed by the Director.
(ii) A chairperson of the Select Committee on
Artificial Intelligence of the National Science and Technology Council.
(iii) A chairperson of the Subcommittee on
Advanced Manufacturing of the National Science and
Technology Council.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4819

(iv) A chairperson of the Subcommittee on
Quantum Information Science of the National Science
and Technology Council.
(v) Such other members as the President considers
appropriate.
(B) CHAIRPERSON.—The member appointed to the
Council under paragraph (A)(i) shall serve as the chairperson of the Council.
(3) DUTIES.—The duties of the Council are as follows:
(A) To provide the Director with advice on ways in
which in the Federal Government can ensure the United
States continues to lead the world in developing emerging
technologies that improve the quality of life of the people
of the United States, increase economic competitiveness
of the United States, and strengthen the national security
of the United States, including identification of the following:
(i) Federal investments required in fundamental
research and development, infrastructure, technology
transfer, and workforce development of the United
States workers who will support the industries of the
future.
(ii) Actions necessary to create and further develop
the workforce that will support the industries of the
future.
(iii) Actions required to leverage the strength of
the research and development ecosystem of the United
States, which includes academia, industry, and nonprofit organizations, to support industries of the future.
(iv) Ways that the Federal Government can consider leveraging existing partnerships and creating
new partnerships and other multisector collaborations
to advance the industries of the future.
(v) Actions required to accelerate the translation
of federally funded research and development to practice and meaningful benefits for society while mitigating any risks.
(B) To provide the Director with advice on matters
relevant to the report required under subsection (b).
(4) COORDINATION.—The Council shall coordinate with and
utilize relevant existing National Science and Technology
Council committees to the maximum extent feasible in order
to minimize duplication of effort.
(5) APPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council established under this subsection.
(6) SUNSET.—The Council shall terminate on the date that
is 6 years after the date of the enactment of this Act.

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SEC. 9413. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
MANUFACTURING EXTENSION PARTNERSHIP PROGRAM
SUPPLY CHAIN DATABASE.

(a) IN GENERAL.—The Director of the National Institute of
Standards and Technology shall carry out a study to evaluate
the feasibility, advisability, and costs of establishing a national

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Study.
Evaluation.

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Recommendations.

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PUBLIC LAW 116–283—JAN. 1, 2021

supply chain database within the Manufacturing Extension Partnership program of the National Institute of Standards and Technology
to—
(1) understand the manufacturing capabilities of United
States manufacturers; and
(2) minimize disruptions to the supply chain, which may
include defense supplies, food, and medical devices, including
personal protective equipment.
(b) CONSIDERATIONS.—In carrying out the study under subsection (a), the Director of the National Institute of Standards
and Technology shall consider the following:
(1) Whether a national supply chain database may enable
the National Institute of Standards and Technology and the
small and medium manufacturers of the Manufacturing Extension Partnership program to—
(A) understand the available domestic manufacturing
capabilities; and
(B) meet the needs for urgent products in the event
of a supply chain disruption.
(2) How information from State-level databases maintained
within the Manufacturing Extension Partnership program
would be incorporated into the national supply chain database.
(3) The relationship, if any, between a national supply
chain database within the Manufacturing Extension Partnership program and supply chain efforts conducted by other agencies in the Federal Government and non-Federal entities.
(4) Whether the National Institute of Standards and Technology could use existing technologies and solutions to establish
a national supply chain database.
(5) How a national supply chain database could be regularly
maintained and updated to ensure effectiveness.
(6) The nature of the information that could be voluntarily
collected from manufacturers for a national supply chain database.
(7) What mechanisms should be in place to ensure that
the information under paragraph (6) is verified.
(8) What security measures may be necessary to protect
information, including protocols to ensure that information in
the national supply chain database is accessed according to
the nature of the information in such database with individuals
with the appropriate level of authorization.
(9) Whether there should be restrictions to protect proprietary business and personal information under paragraph (6).
(10) The cost of developing and maintaining such a database, including staffing.
(c) REPORT TO CONGRESS.—Not later than 180 days after the
date of the enactment of this Act, the Director of the National
Institute of Standards and Technology shall submit to Congress
a report that includes the findings and any recommendations from
the study required under subsection (a). Such report shall include
a description of any new legislation that may be required to implement a new national supply chain database through the Manufacturing Extension Partnership program.

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134 STAT. 4821

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SEC. 9414. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE
DEVELOPMENT OF INTERNATIONAL STANDARDS FOR
EMERGING TECHNOLOGIES.

(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act, the Director of the National Institute of
Standards and Technology shall enter into an agreement with an
appropriate entity with relevant expertise, as determined by the
Director, to conduct a study and make recommendations with
respect to the effect of the policies of the People’s Republic of
China and coordination among industrial entities within the People’s Republic of China on international bodies engaged in developing and setting international standards for emerging technologies.
The study may include—
(1) an assessment of how the role of the People’s Republic
of China in international standards setting organizations has
grown over the previous 10 years, including in leadership roles
in standards-drafting technical committees, and the quality
or value of that participation;
(2) an assessment of the effect of the standardization
strategy of the People’s Republic of China, as identified in
the ‘‘Chinese Standard 2035’’, on international bodies engaged
in developing and setting standards for select emerging technologies, such as advanced communication technologies or cloud
computing and cloud services;
(3) an examination of whether international standards for
select emerging technologies are being designed to promote
interests of the People’s Republic of China that are expressed
in the ‘‘Made in China 2025’’ plan to the exclusion of other
participants;
(4) an examination of how the previous practices that the
People’s Republic of China has used while participating in
international standards setting organizations may foretell how
the People’s Republic of China is likely to engage in international standardization activities of critical technologies like
artificial intelligence and quantum information science, and
what may be the consequences;
(5) recommendations on how the United States can take
steps to mitigate the influence of the People’s Republic of China
and bolster United States public and private sector participation in international standards-setting bodies; and
(6) any other area the Director, in consultation with the
entity selected to conduct the study, determines is important
to address.
(b) REPORT TO CONGRESS.—The agreement entered into under
subsection (a) shall provide that, not later than two years after
the date of the enactment of this Act, the entity conducting the
study shall—
(1) submit to the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Commerce, Science,
and Transportation and the Committee on Foreign Relations
of the Senate a report containing the findings and recommendations of the study; and
(2) make a copy of such report available on a publicly
accessible website.

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Deadline.
Contracts.
Determination.
Recommendations.

Assessment.
Time period.

Assessment.

Examination.

Examination.

Recommendations.

Consultation.

Recommendations.

Records.
Public
information.
Website.

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134 STAT. 4822
Contracts.
15 USC 278s
note.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 9415. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP CENTERS.

Notwithstanding section 34(d)(2)(A)(iv) of the National Institute
for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each
Manufacturing USA Institute (established under subsection (d) of
such section) shall, as appropriate, contract with a Hollings Manufacturing Extension Partnership Center (established under section
25 of such Act) in each State in which such Institute provides
services, either directly or through another such Center, to provide
defense industrial base-related outreach, technical assistance,
workforce development, and technology transfer assistance to small
and medium-sized manufacturers. No Center shall charge in excess
of its standard rate for such services. Funds received by a Center
through such a contract shall not constitute financial assistance
under section 25(e) of such Act.

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.
SEC. 9501. TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL
MEMORIAL ENDOWMENT FUND.

Section 7(1) of the Oklahoma City National Memorial Act of
1997 (16 U.S.C. 450ss–5(1)) is amended by striking ‘‘there is hereby
authorized’’ and inserting ‘‘the Secretary may provide, from the
National Park Service’s National Recreation and Preservation
account, the remainder of’’.
SEC. 9502. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE
PACIFIC.

Section 6(b)(1)(B)(i) of the Joint Resolution entitled ‘‘A Joint
Resolution to approve the ‘Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union With the United
States of America’, and for other purposes’’, approved March 24,
1976 (48 U.S.C. 1806(b)(1)(B)(i)) is amended—
(1) by striking ‘‘contact’’ and inserting ‘‘contract’’;
(2) by inserting ‘‘supporting,’’ after ‘‘connected to,’’;
(3) by striking ‘‘or’’ before ‘‘associated with’’;
(4) by inserting ‘‘or adversely affected by’’ after ‘‘associated
with,’’; and
(5) by inserting ‘‘, with priority given to federally funded
military projects’’ after ‘‘and in the Commonwealth’’.

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SEC. 9503. AFFIRMATION OF AUTHORITY FOR NON-OIL AND GAS OPERATIONS ON THE OUTER CONTINENTAL SHELF.

Section 4(a)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1333(a)(1)) is amended to read as follows:
‘‘(1) JURISDICTION OF THE UNITED STATES ON THE OUTER
CONTINENTAL SHELF.—
‘‘(A) IN GENERAL.—The Constitution and laws and civil
and political jurisdiction of the United States are extended,
to the same extent as if the outer Continental Shelf were

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134 STAT. 4823

an area of exclusive Federal jurisdiction located within
a State, to—
‘‘(i) the subsoil and seabed of the outer Continental
Shelf;
‘‘(ii) all artificial islands on the outer Continental
Shelf;
‘‘(iii) installations and other devices permanently
or temporarily attached to the seabed, which may be
erected thereon for the purpose of exploring for, developing, or producing resources, including non-mineral
energy resources; or
‘‘(iv) any such installation or other device (other
than a ship or vessel) for the purpose of transporting
or transmitting such resources.
‘‘(B) LEASES ISSUED EXCLUSIVELY UNDER THIS ACT.—
Mineral or energy leases on the outer Continental Shelf
shall be maintained or issued only under the provisions
of this Act.’’.

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.

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SEC. 9601. INVENTORY OF PROGRAM ACTIVITIES OF FEDERAL AGENCIES.

(a) INVENTORY OF GOVERNMENT PROGRAMS.—Section 1122(a)
of title 31, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
‘‘(1) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘Federal financial assistance’ has the
meaning given that term under section 7501;
‘‘(B) the term ‘open Government data asset’ has the
meaning given that term under section 3502 of title 44;
‘‘(C) the term ‘program’ means a single program
activity or an organized set of aggregated, disaggregated,
or consolidated program activities by one or more agencies
directed toward a common purpose or goal; and
‘‘(D) the term ‘program activity’ has the meaning given
that term in section 1115(h).’’;
(3) in paragraph (2), as so redesignated—
(A) by striking ‘‘IN GENERAL.—Not later than October
1, 2012, the Office of Management and Budget shall’’ and
inserting ‘‘WEBSITE AND PROGRAM INVENTORY.—The
Director of the Office of Management and Budget shall’’;
(B) in subparagraph (A), by inserting ‘‘that includes
the information required under subsections (b) and (c)’’
after ‘‘a single website’’; and
(C) by striking subparagraphs (B) and (C) and inserting
the following:
‘‘(B) include on the website described in subparagraph
(A), or another appropriate Federal Government website

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134 STAT. 4824

where related information is made available, as determined
by the Director—
‘‘(i) a program inventory that shall identify each
program; and
‘‘(ii) for each program identified in the program
inventory, the information required under paragraph
(3);
‘‘(C) make the information in the program inventory
required under subparagraph (B) available as an open
Government data asset; and
‘‘(D) at a minimum—
‘‘(i) update the information required to be included
on the single website under subparagraph (A) on a
quarterly basis; and
‘‘(ii) update the program inventory required under
subparagraph (B) on an annual basis.’’;
(4) in paragraph (3), as so redesignated—
(A) in the matter preceding subparagraph (A), by
striking ‘‘described under paragraph (1) shall include’’ and
inserting ‘‘identified in the program inventory required
under paragraph (2)(B) shall include’’;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
(C) in subparagraph (C), by striking the period at
the end and inserting ‘‘and,’’; and
(D) by adding at the end the following:
‘‘(D) for each program activity that is part of a program—
‘‘(i) a description of the purposes of the program
activity and the contribution of the program activity
to the mission and goals of the agency;
‘‘(ii) a consolidated view for the current fiscal year
and each of the 2 fiscal years before the current fiscal
year of—
‘‘(I) the amount appropriated;
‘‘(II) the amount obligated; and
‘‘(III) the amount outlayed;
‘‘(iii) to the extent practicable and permitted by
law, links to any related evaluation, assessment, or
program performance review by the agency, an
inspector general, or the Government Accountability
Office (including program performance reports required
under section 1116), and other related evidence assembled in response to implementation of the Foundations
for Evidence-Based Policymaking Act of 2018 (Public
Law 115–435; 132 Stat. 5529);
‘‘(iv) an identification of the statutes that authorize
the program activity or the authority under which
the program activity was created or operates;
‘‘(v) an identification of any major regulations specific to the program activity;
‘‘(vi) any other information that the Director of
the Office of Management and Budget determines relevant relating to program activity data in priority areas
most relevant to Congress or the public to increase
transparency and accountability; and
‘‘(vii) for each assistance listing under which Federal financial assistance is provided, for the current

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Time periods.

Time period.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4825

fiscal year and each of the 2 fiscal years before the
current fiscal year and consistent with existing law
relating to the protection of personally identifiable
information—
‘‘(I) a linkage to the relevant program activities
that fund Federal financial assistance by assistance listing;
‘‘(II) information on the population intended
to be served by the assistance listing based on
the language of the solicitation, as required under
section 6102;
‘‘(III) to the extent practicable and based on
data reported to the agency providing the Federal
financial assistance, the results of the Federal
financial assistance awards provided by the assistance listing;
‘‘(IV) to the extent practicable, the percentage
of the amount appropriated for the assistance
listing that is used for management and administration;
‘‘(V) the identification of each award of Federal
financial assistance and, to the extent practicable,
the name of each direct or indirect recipient of
the award; and
‘‘(VI) any information relating to the award
of Federal financial assistance that is required
to be included on the website established under
section 2(b) of the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101
note).’’; and
(5) by adding at the end the following:
‘‘(4) ARCHIVING.—The Director of the Office of Management
and Budget shall—
‘‘(A) archive and preserve the information included in
the program inventory required under paragraph (2)(B)
after the end of the period during which such information
is made available under paragraph (3); and
‘‘(B) make information archived in accordance with
subparagraph (A) publicly available as an open Government
data asset.’’.
(b) GUIDANCE, IMPLEMENTATION, REPORTING, AND REVIEW.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘appropriate congressional committees’’
means the Committee on Oversight and Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate;
(B) the term ‘‘Director’’ means the Director of the Office
of Management and Budget;
(C) the term ‘‘program’’ has the meaning given that
term in section 1122(a)(1) of title 31, United States Code,
as amended by subsection (a) of this section;
(D) the term ‘‘program activity’’ has the meaning given
that term in section 1115(h) of title 31, United States
Code; and
(E) the term ‘‘Secretary’’ means the Secretary of the
Treasury.

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Public
information.
31 USC 1122
note.

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134 STAT. 4826

(2) PLAN FOR IMPLEMENTATION AND RECONCILING PROGRAM
DEFINITIONS.—Not later than 180 days after the date of enact-

Consultation.

Notification.

Inventory.
Recommendations.

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Deadline.
Web postings.

Cost analysis.
Notification.
Time period.

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ment of this Act, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that—
(A) includes a plan that—
(i) discusses how making available on a website
the information required under subsection (a) of section
1122 of title 31, United States Code, as amended by
subsection (a), will leverage existing data sources while
avoiding duplicative or overlapping information in presenting information relating to program activities and
programs;
(ii) indicates how any gaps in data will be assessed
and addressed;
(iii) indicates how the Director will display such
data; and
(iv) discusses how the Director will expand the
information collected with respect to program activities
to incorporate the information required under the
amendments made by subsection (a);
(B) sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot
programs—
(i) to develop and implement a functional program
inventory that could be limited in scope; and
(ii) under which the information required under
the amendments made by subsection (a) with respect
to program activities shall be made available on the
website required under section 1122(a) of title 31,
United States Code;
(C) establishes an implementation timeline for—
(i) gathering and building program activity
information;
(ii) developing and implementing the pilot program;
(iii) seeking and responding to stakeholder comments;
(iv) developing and presenting findings from the
pilot program to the appropriate congressional committees;
(v) notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and
(vi) implementing a Governmentwide program
inventory through an iterative approach; and
(D) includes recommendations, if any, to reconcile the
conflicting definitions of the term ‘‘program’’ in relevant
Federal statutes, as it relates to the purpose of this section.
(3) IMPLEMENTATION.—
(A) IN GENERAL.—Not later than 3 years after the
date of enactment of this Act, the Director shall make
available online all information required under the amendments made by subsection (a) with respect to all programs.
(B) EXTENSIONS.—The Director may, based on an analysis of the costs of implementation, and after submitting

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4827

to the appropriate congressional committees a notification
of the action by the Director, extend the deadline for
implementation under subparagraph (A) by not more than
a total of 1 year.
(4) REPORTING.—Not later than 2 years after the date
on which the Director makes available online all information
required under the amendments made by subsection (a) with
respect to all programs, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report regarding the implementation of this section and the
amendments made by this section, which shall—
(A) review how the Director and agencies determined
how to aggregate, disaggregate, or consolidate program
activities to provide the most useful information for an
inventory of Government programs;
(B) evaluate the extent to which the program inventory
required under section 1122 of title 31, United States Code,
as amended by this section, provides useful information
for transparency, decision-making, and oversight;
(C) evaluate the extent to which the program inventory
provides a coherent picture of the scope of Federal investments in particular areas; and
(D) include the recommendations of the Comptroller
General, if any, for improving implementation of this section and the amendments made by this section.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Section 1122 of title 31, United States
Code, is amended—
(A) in subsection (b), in the matter preceding paragraph
(1), by inserting ‘‘described in subsection (a)(2)(A)’’ after
‘‘the website’’ each place it appears;
(B) in subsection (c), in the matter preceding paragraph
(1), by inserting ‘‘described in subsection (a)(2)(A)’’ after
‘‘the website’’; and
(C) in subsection (d)—
(i) in the subsection heading, by striking ‘‘ON
WEBSITE’’; and
(ii) in the first sentence, by striking ‘‘on the
website’’.
(2) OTHER AMENDMENTS.—
(A) Section 1115(a) of title 31, United States Code,
is amended in the matter preceding paragraph (1) by
striking ‘‘the website provided under’’ and inserting ‘‘a
website described in’’.
(B) Section 10 of the GPRA Modernization Act of 2010
(31 U.S.C. 1115 note) is amended—
(i) in subsection (a)(3), by striking ‘‘the website
described under’’ and inserting ‘‘a website described
in’’; and
(ii) in subsection (b)—
(I) in paragraph (1), by striking ‘‘the website
described under’’ and inserting ‘‘a website
described in’’; and
(II) in paragraph (3), by striking ‘‘the website
as required under’’ and inserting ‘‘a website
described in’’.

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Recommendations.

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134 STAT. 4828

PUBLIC LAW 116–283—JAN. 1, 2021
(C) Section 1120(a)(5) of title 31, United States Code,
is amended by striking ‘‘the website described under’’ and
inserting ‘‘a website described in’’.
(D) Section 1126(b)(2)(E) of title 31, United States
Code, is amended by striking ‘‘the website of the Office
of Management and Budget pursuant to’’ and inserting
‘‘a website described in’’.
(E) Section 3512(a)(1) of title 31, United States Code,
is amended by striking ‘‘the website described under’’ and
inserting ‘‘a website described in’’.

Electronic
Message
Preservation Act.
44 USC 101 note.

44 USC 2912.
Determination.

Timelines.

44 USC 2912
note.

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Public
information.
Web postings.

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SEC. 9602. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER
RECORDS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Electronic
Message Preservation Act’’.
(b) PRESERVATION OF ELECTRONIC MESSAGES AND OTHER
RECORDS.—
(1) REQUIREMENT FOR PRESERVATION OF ELECTRONIC MESSAGES.—Chapter 29 of title 44, United States Code, is amended
by adding at the end the following new section:
‘‘§ 2912. Preservation of electronic messages and other
records
‘‘(a) REGULATIONS REQUIRED.—The Archivist shall promulgate
regulations governing Federal agency preservation of electronic messages that are determined to be records. Such regulations shall,
at a minimum—
‘‘(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33;
‘‘(2) require that such electronic records are readily accessible for retrieval through electronic searches; and
‘‘(3) include timelines for Federal agency implementation
of the regulations that ensure compliance as expeditiously as
practicable.
‘‘(b) COVERAGE OF OTHER ELECTRONIC RECORDS.—To the extent
practicable, the regulations promulgated under subsection (a) shall
also include requirements for the capture, management, and
preservation of other electronic records.
‘‘(c) REVIEW OF REGULATIONS REQUIRED.—The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsection (a).’’.
(2) DEADLINE FOR REGULATIONS.—Not later than one year
after the date of the enactment of this Act, the Archivist shall
propose the regulations required under section 2912(a) of title
44, United States Code, as added by paragraph (1).
(3) REPORTS ON IMPLEMENTATION OF REGULATIONS.—
(A) AGENCY REPORT TO ARCHIVIST.—Not later than two
years after the date of the enactment of this Act, the
head of each Federal agency shall submit to the Archivist
a report on the agency’s compliance with the regulations
promulgated under section 2912 of title 44, United States
Code, as added by paragraph (1), and shall make the report
publicly available on the website of the agency.
(B) ARCHIVIST REPORT TO CONGRESS.—Not later than
90 days after receipt of all reports required by subparagraph (A), the Archivist shall submit to the Committee

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PUBLIC LAW 116–283—JAN. 1, 2021

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on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Reform of
the House of Representatives a report on Federal agency
compliance with the regulations promulgated under section
2912(a) of title 44, United States Code, as added by paragraph (1), and shall make the report publicly available
on the website of the agency.
(C) FEDERAL AGENCY DEFINED.—In this subsection, the
term ‘‘Federal agency’’ has the meaning given that term
in section 2901 of title 44, United States Code.
(4) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 29 of title 44, United States Code, is
amended by adding after the item relating to section 2911
the following new item:

44 USC 2901
prec.

‘‘2912. Preservation of electronic messages and other records.’’.

(5) DEFINITIONS.—Section 2901 of title 44, United States
Code, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (14);
and
(B) by striking paragraph (15) and inserting the following new paragraphs:
‘‘(15) the term ‘electronic messages’ means electronic mail
and other electronic messaging systems that are used for purposes of communicating between individuals; and
‘‘(16) the term ‘electronic records management system’
means software designed to manage electronic records,
including by—
‘‘(A) categorizing and locating records;
‘‘(B) ensuring that records are retained as long as
necessary;
‘‘(C) identifying records that are due for disposition;
and
‘‘(D) ensuring the storage, retrieval, and disposition
of records.’’.

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SEC. 9603. CONTINUITY OF THE ECONOMY PLAN.

(a) REQUIREMENT.—
(1) IN GENERAL.—The President shall develop and maintain
a plan to maintain and restore the economy of the United
States in response to a significant event.
(2) PRINCIPLES.—The plan required under paragraph (1)
shall—
(A) be consistent with—
(i) a free market economy; and
(ii) the rule of law; and
(B) respect private property rights.
(3) CONTENTS.—The plan required under paragraph (1)
shall—
(A) examine the distribution of goods and services
across the United States necessary for the reliable functioning of the United States during a significant event;
(B) identify the economic functions of relevant actors,
the disruption, corruption, or dysfunction of which would
have a debilitating effect in the United States on—
(i) security;
(ii) economic security;
(iii) defense readiness; or

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6 USC 322.

Examination.

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134 STAT. 4830

(iv) public health or safety;
(C) identify the critical distribution mechanisms for
each economic sector that should be prioritized for operation during a significant event, including—
(i) bulk power and electric transmission systems;
(ii) national and international financial systems,
including wholesale payments, stocks, and currency
exchanges;
(iii) national and international communications
networks, data-hosting services, and cloud services;
(iv) interstate oil and natural gas pipelines; and
(v) mechanisms for the interstate and international
trade and distribution of materials, food, and medical
supplies, including road, rail, air, and maritime shipping;
(D) identify economic functions of relevant actors, the
disruption, corruption, or dysfunction of which would
cause—
(i) catastrophic economic loss;
(ii) the loss of public confidence; or
(iii) the widespread imperilment of human life;
(E) identify the economic functions of relevant actors
that are so vital to the economy of the United States
that the disruption, corruption, or dysfunction of those
economic functions would undermine response, recovery,
or mobilization efforts during a significant event;
(F) incorporate, to the greatest extent practicable, the
principles and practices contained within Federal plans
for the continuity of Government and continuity of operations;
(G) identify—
(i) industrial control networks for which a loss
of internet connectivity, a loss of network integrity
or availability, an exploitation of a system connected
to the network, or another failure, disruption, corruption, or dysfunction would have a debilitating effect
in the United States on—
(I) security;
(II) economic security;
(III) defense readiness; or
(IV) public health or safety; and
(ii) for each industrial control network identified
under clause (i), risk mitigation measures, including—
(I) the installation of parallel services;
(II) the use of stand-alone analog services; or
(III) the significant hardening of the industrial
control network against failure, disruption, corruption, or dysfunction;
(H) identify critical economic sectors for which the
preservation of data in a protected, verified, and
uncorrupted status would be required for the quick recovery
of the economy of the United States in the face of a significant disruption following a significant event;
(I) include a list of raw materials, industrial goods,
and other items, the absence of which would significantly
undermine the ability of the United States to sustain the
functions described in subparagraphs (B), (D), and (E);

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134 STAT. 4831

(J) provide an analysis of supply chain diversification
for the items described in subparagraph (I) in the event
of a disruption caused by a significant event;
(K) include—
(i) a recommendation as to whether the United
States should maintain a strategic reserve of 1 or
more of the items described in subparagraph (I); and
(ii) for each item described in subparagraph (I)
for which the President recommends maintaining a
strategic reserve under clause (i), an identification of
mechanisms for tracking inventory and availability of
the item in the strategic reserve;
(L) identify mechanisms in existence on the date of
enactment of this Act and mechanisms that can be developed to ensure that the swift transport and delivery of
the items described in subparagraph (I) is feasible in the
event of a distribution network disturbance or degradation,
including a distribution network disturbance or degradation
caused by a significant event;
(M) include guidance for determining the prioritization
for the distribution of the items described in subparagraph
(I), including distribution to States and Indian Tribes;
(N) consider the advisability and feasibility of mechanisms for extending the credit of the United States or
providing other financial support authorized by law to key
participants in the economy of the United States if the
extension or provision of other financial support—
(i) is necessary to avoid severe economic degradation; or
(ii) allows for the recovery from a significant event;
(O) include guidance for determining categories of
employees that should be prioritized to continue to work
in order to sustain the functions described in subparagraphs (B), (D), and (E) in the event that there are limitations on the ability of individuals to travel to workplaces
or to work remotely, including considerations for defense
readiness;
(P) identify critical economic sectors necessary to provide material and operational support to the defense of
the United States;
(Q) determine whether the Secretary of Homeland
Security, the National Guard, and the Secretary of Defense
have adequate authority to assist the United States in
a recovery from a severe economic degradation caused by
a significant event;
(R) review and assess the authority and capability
of heads of other agencies that the President determines
necessary to assist the United States in a recovery from
a severe economic degradation caused by a significant
event; and
(S) consider any other matter that would aid in protecting and increasing the resilience of the economy of
the United States from a significant event.
(b) COORDINATION.—In developing the plan required under subsection (a)(1), the President shall—
(1) receive advice from—
(A) the Secretary of Homeland Security;

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Analysis.

Recommendations.

Determination.

Determination.

Determination.

Review.
Assessment.
President.
Determination.

Consultation.

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Determination.

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Deadline.

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(B) the Secretary of Defense;
(C) the Secretary of the Treasury;
(D) the Secretary of Health and Human Services;
(E) the Secretary of Commerce;
(F) the Secretary of Transportation;
(G) the Secretary of Energy;
(H) the Administrator of the Small Business Administration; and
(I) the head of any other agency that the President
determines necessary to complete the plan;
(2) consult with economic sectors relating to critical infrastructure through sector-coordinated councils, as appropriate;
(3) consult with relevant State, Tribal, and local governments and organizations that represent those governments;
and
(4) consult with any other non-Federal entity that the
President determines necessary to complete the plan.
(c) SUBMISSION TO CONGRESS.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, and not less frequently than every
3 years thereafter, the President shall submit the plan required
under subsection (a)(1) and the information described in paragraph (2) to—
(A) the majority and minority leaders of the Senate;
(B) the Speaker and the minority leader of the House
of Representatives;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Armed Services of the House
of Representatives;
(E) the Committee on Homeland Security and Governmental Affairs of the Senate;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(H) the Committee on Commerce, Science, and
Transportation of the Senate;
(I) the Committee on Energy and Commerce of the
House of Representatives;
(J) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(K) the Committee on Finance of the Senate;
(L) the Committee on Financial Services of the House
of Representatives;
(M) the Committee on Small Business and
Entrepreneurship of the Senate;
(N) the Committee on Small Business of the House
of Representatives;
(O) the Committee on Energy and Natural Resources
of the Senate;
(P) the Committee on Environment and Public Works
of the Senate;
(Q) the Committee on Indian Affairs of the Senate;
(R) the Committee on Oversight and Reform of the
House of Representatives;
(S) Committee on the Budget of the House of Representatives; and

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4833

(T) any other committee of the Senate or the House
of Representatives that has jurisdiction over the subject
of the plan.
(2) ADDITIONAL INFORMATION.—The information described
in this paragraph is—
(A) any change to Federal law that would be necessary
to carry out the plan required under subsection (a)(1);
and
(B) any proposed changes to the funding levels provided
in appropriation Acts for the most recent fiscal year that
can be implemented in future appropriation Acts or additional resources necessary to—
(i) implement the plan required under subsection
(a)(1); or
(ii) maintain any program offices and personnel
necessary to—
(I) maintain the plan required under subsection (a)(1) and the plans described in subsection
(a)(3)(F); and
(II) conduct exercises, assessments, and
updates to the plans described in subclause (I)
over time.
(3) BUDGET OF THE PRESIDENT.—The President may include
the information described in paragraph (2)(B) in the budget
required to be submitted by the President under section 1105(a)
of title 31, United States Code.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘agency’’ has the meaning given the term
in section 551 of title 5, United States Code.
(2) The term ‘‘economic sector’’ means a sector of the
economy of the United States.
(3) The term ‘‘relevant actor’’ means—
(A) the Federal Government;
(B) a State, local, or Tribal government; or
(C) the private sector.
(4) The term ‘‘significant event’’ means an event that causes
severe degradation to economic activity in the United States
due to—
(A) a cyber attack; or
(B) another significant event that is natural or humancaused.
(5) The term ‘‘State’’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any possession of the
United States.

TITLE XCVII—FINANCIAL SERVICES
MATTERS

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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.

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134 STAT. 4834

Kleptocracy
Asset Recovery
Rewards Act.
31 USC 9701
note prec.

PUBLIC LAW 116–283—JAN. 1, 2021

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.

Subtitle A—Kleptocracy Asset Recovery
Rewards Act
SEC. 9701. SHORT TITLE.

The subtitle may be cited as the ‘‘Kleptocracy Asset Recovery
Rewards Act’’.
SEC. 9702. SENSE OF CONGRESS.

It is the sense of Congress that a stolen asset recovery rewards
program to help identify and recover stolen assets linked to foreign
government corruption and the proceeds of such corruption hidden
behind complex financial structures is needed in order to—
(1) intensify the global fight against corruption; and
(2) serve United States efforts to identify and recover such
stolen assets, forfeit proceeds of such corruption, and, where
appropriate and feasible, return the stolen assets or proceeds
thereof to the country harmed by the acts of corruption.
SEC. 9703. DEPARTMENT OF THE TREASURY KLEPTOCRACY ASSET
RECOVERY REWARDS PILOT PROGRAM.

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(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established in the Department
of the Treasury a program to be known as the ‘‘Kleptocracy
Asset Recovery Rewards Pilot Program’’ for the payment of
rewards to carry out the purposes of this section.
(2) PURPOSE.—The rewards program shall be designed to
support U.S. Government programs and investigations aimed
at restraining, seizing, forfeiting, or repatriating stolen assets
linked to foreign government corruption and the proceeds of
such corruption.
(3) IMPLEMENTATION.—The rewards program shall be
administered by the Secretary of the Treasury, with the concurrence of the Secretary of State and the Attorney General,
and in consultation, as appropriate, with the heads of such
other departments and agencies as the Secretary may find
appropriate.
(b) REWARDS AUTHORIZED.—The Secretary of the Treasury may,
with the concurrence of the Secretary of State and the Attorney
General, and in consultation, as appropriate, with the heads of
other relevant Federal departments and agencies, pay a reward
to any individual, if that individual furnishes information leading
to—
(1) the restraining or seizure of stolen assets in an account
at a U.S. financial institution (including a U.S. branch of a

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134 STAT. 4835

foreign financial institution), that come within the United
States, or that come within the possession or control of any
United States person;
(2) the forfeiture of stolen assets in an account at a U.S.
financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that
come within the possession or control of any United States
person; or
(3) where appropriate, the repatriation of stolen assets
in an account at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come within
the United States, or that come within the possession or control
of any United States person.
(c) PROCEDURES.—To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with any
other payment authorized by the Department of Justice or other
Federal agencies for the obtaining of information or other evidence,
the Secretary of the Treasury, in consultation with the Secretary
of State, the Attorney General, and the heads of such other agencies
as the Secretary may find appropriate, shall establish procedures
for the offering, administration, and payment of rewards under
this section, including procedures for—
(1) identifying actions with respect to which rewards will
be offered;
(2) the receipt and analysis of data; and
(3) the payment of rewards and approval of such payments.
(d) PAYMENT OF REWARDS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—For the purpose
of paying rewards pursuant to this section, there is authorized
to be appropriated—
(A) $450,000 for fiscal year 2021; and
(B) for each fiscal year, any amount, not to exceed
the amount recovered during the fiscal year in stolen assets
described under subsection (b), that the Secretary determines is necessary to carry out this program consistent
with this section.
(2) LIMITATION ON ANNUAL PAYMENTS.—Except as provided
under paragraph (3), the total amount of rewards paid pursuant
to this section may not exceed $25 million in any calendar
year.
(3) PRESIDENTIAL AUTHORITY.—The President may waive
the limitation under paragraph (2) with respect to a calendar
year if the President provides written notice of such waiver
to the appropriate committees of the Congress at least 30
days before any payment in excess of such limitation is made
pursuant to this section.
(4) PRIORITY OF PAYMENTS.—In paying any reward under
this section, the Secretary shall, to the extent possible, make
such reward payment—
(A) first, from appropriated funds authorized under
paragraph (1)(A); and
(B) second, from appropriated funds authorized under
paragraph (1)(B).
(e) LIMITATIONS.—

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Consultation.

Analysis.

Determination.

Waiver.
Notice.
Deadline.

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Determination.

Notification.

Determination.

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(1) SUBMISSION OF INFORMATION.—No award may be made
under this section based on information submitted to the Secretary unless such information is submitted under penalty of
perjury.
(2) MAXIMUM AMOUNT.—No reward paid under this section
may exceed $5 million, unless the Secretary—
(A) personally authorizes such greater amount in
writing;
(B) determines that offer or payment of a reward of
a greater amount is necessary due to the exceptional nature
of the case; and
(C) notifies the appropriate committees of the Congress
of such determination.
(3) APPROVAL.—
(A) IN GENERAL.—No reward amount may be paid
under this section without the written approval of the
Secretary, with the concurrence of the Secretary of State
and the Attorney General.
(B) DELEGATION.—The Secretary may not delegate the
approval required under subparagraph (A) to anyone other
than an Under Secretary of the Department of the
Treasury.
(4) PROTECTION MEASURES.—If the Secretary determines
that the identity of the recipient of a reward or of the members
of the recipient’s immediate family must be protected, the Secretary shall, consistent with applicable law, take such measures
in connection with the payment of the reward as the Secretary
considers necessary to effect such protection.
(5) FORMS OF REWARD PAYMENT.—The Secretary may make
a reward under this section in the form of a monetary payment.
(f) INELIGIBILITY, REDUCTION IN, OR DENIAL OF REWARD.—
(1) OFFICER AND EMPLOYEES.—An officer or employee of
any entity of Federal, State, or local government or of a foreign
government who, while in the performance of official duties,
furnishes information described under subsection (b) shall not
be eligible for a reward under this section.
(2) PARTICIPATING INDIVIDUALS.—If the claim for a reward
is brought by an individual who the Secretary has a reasonable
basis to believe knowingly planned, initiated, directly participated in, or facilitated the actions that led to assets of a
foreign state or governmental entity being stolen, misappropriated, or illegally diverted or to the payment of bribes or
other foreign governmental corruption, the Secretary shall
appropriately reduce, and may deny, such award. If such individual is convicted of criminal conduct arising from the role
described in the preceding sentence, the Secretary shall deny
or may seek to recover any reward, as the case may be.
(g) REPORT.—
(1) IN GENERAL.—Within 180 days of the enactment of
this section, and annually thereafter for 3 years, the Secretary
shall issue a report to the appropriate committees of the Congress—
(A) detailing to the greatest extent possible the
amount, location, and ownership or beneficial ownership
of any stolen assets that, on or after the date of the enactment of this section, come within the United States or

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134 STAT. 4837

that come within the possession or control of any United
States person;
(B) discussing efforts being undertaken to identify more
such stolen assets and their owners or beneficial owners;
and
(C) including a discussion of the interactions of the
Department of the Treasury with the international financial institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to identify the
amount, location, and ownership, or beneficial ownership,
of stolen assets held in financial institutions outside the
United States.
(2) EXCEPTION.—The report issued under paragraph (1)
shall not include information related to ongoing investigations
or information related to closed investigations that would reveal
identities of individuals not charged with a criminal offense,
would reveal identities of investigative sources or methods,
would reveal identities of witnesses, would compromise subsequent investigations, or the disclosure of which is otherwise
prohibited by law, the Federal Rules of Criminal Procedure,
regulation, or court order.
(h) REPORT ON DISPOSITION OF RECOVERED ASSETS.—Within
360 days of the enactment of this Act, the Secretary of the Treasury,
with the concurrence of the Secretary of State and the Attorney
General, shall issue a report to the appropriate committees of
Congress describing policy choices and recommendations for disposition of stolen assets recovered pursuant to this section.
(i) SUNSET OF PILOT PROGRAM.—The authorities under this
section, as well as the program established pursuant to this section,
shall terminate three years after the date of the enactment of
this Act.
(j) DEFINITIONS.—For purposes of this section:
(1) APPROPRIATE COMMITTEES OF THE CONGRESS.—The term
‘‘appropriate committees of the Congress’’ means the Committee
on Financial Services of the House of Representatives, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate,
the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate.
(2) FINANCIAL ASSET.—The term ‘financial asset’ means
any funds, investments, or ownership interests, as defined by
the Secretary, that on or after the date of the enactment of
this section come within the United States or that come within
the possession or control of any United States person.
(3) FOREIGN GOVERNMENT CORRUPTION.—The term ‘‘foreign
government corruption’’ means corruption, as defined by the
United Nations Convention Against Corruption.
(4) FOREIGN PUBLIC OFFICIAL.—The term ‘‘foreign public
official’’ includes any person who occupies a public office by
virtue of having been elected, appointed, or employed, including
any military, civilian, special, honorary, temporary, or
uncompensated official.
(5) IMMEDIATE FAMILY MEMBER.—The term ‘‘immediate
family member’’, with respect to an individual, has the meaning
given the term ‘‘member of the immediate family’’ under section

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PUBLIC LAW 116–283—JAN. 1, 2021
36(k) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(k)).
(6) REWARDS PROGRAM.—The term ‘‘rewards program’’
means the program established in subsection (a)(1) of this
section.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury.
(8) STOLEN ASSETS.—The term ‘‘stolen assets’’ means financial assets within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained
directly or indirectly from foreign government corruption.

Subtitle B—Combating Russian Money
Laundering

Combating
Russian Money
Laundering Act.
31 USC 5301
note.

SEC. 9711. SHORT TITLE.

31 USC 5311
note.

SEC. 9712. STATEMENT OF POLICY.

This subtitle may be cited as the ‘‘Combating Russian Money
Laundering Act’’.
It is the policy of the United States to—
(1) protect the United States financial sector from abuse
by malign actors; and
(2) use all available financial tools to counter adversaries.
SEC. 9713. SENSE OF CONGRESS.

It is the sense of Congress that—
(1) the efforts of the Government of the Russian Federation,
Russian state-owned enterprises, and Russian oligarchs to move
and disguise the source, ownership, location, or control of illicit
funds or value constitute money laundering;
(2) such money laundering efforts could assist in the Russian Government’s ongoing political and economic influence
and destabilization operations, which in turn could affect
United States and European democracy, national security, and
rule of law;
(3) the Secretary of the Treasury should determine whether
Russia and the financial institutions through which the Russian
Government, political leaders, state-owned enterprises, and
oligarchs launder money are of primary money laundering concern; and
(4) the Secretary of the Treasury should consider the need
for financial institutions and other obligated entities to apply
enhanced due diligence measures to transactions with the Russian Government, political leaders, state-owned enterprises, and
financial institutions.
SEC. 9714. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING CONCERN OF RUSSIAN ILLICIT FINANCE.

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Regulation.
31 USC 5318A
note.

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(a) DETERMINATION.—If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or
more financial institutions operating outside of the United States,
or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts
within, or involving, a jurisdiction outside of the United States
is of primary money laundering concern in connection with Russian

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PUBLIC LAW 116–283—JAN. 1, 2021

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illicit finance, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law—
(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
described in section 5318A(b) of title 31, United States Code;
or
(2) prohibit, or impose conditions upon, certain transmittals
of funds (to be defined by the Secretary) by any domestic
financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of account.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Financial Services and Foreign
Affairs of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and Foreign Relations
of the Senate a report that shall identify any additional regulations, statutory changes, enhanced due diligence, and reporting
requirements that are necessary to better identify, prevent,
and combat money laundering linked to Russia, including
related to—
(A) identifying the beneficial ownership of anonymous
companies;
(B) strengthening current, or enacting new, reporting
requirements and customer due diligence requirements for
the real estate sector, law firms, and other trust and corporate service providers;
(C) enhanced know-your-customer procedures and
screening for transactions involving Russian political
leaders, Russian state-owned enterprises, and known Russian transnational organized crime figures; and
(D) establishing a permanent solution to collecting
information nationwide to track ownership of real estate.
(2) FORMAT.—The report required under this subsection
shall be made available to the public, including on the website
of the Department of the Treasury, but may contain a classified
annex and be accompanied by a classified briefing.
(c) SENSE OF CONGRESS ON INTERNATIONAL COOPERATION.—
It is the sense of the Congress that the Secretary of the Treasury
and other relevant cabinet members (such as the Secretary of
State, Secretary of Homeland Security, and Attorney General)
should work jointly with European, E.U., and U.K. financial intelligence units, trade transparency units, and appropriate law
enforcement authorities to present, both in the report required
under subsection (b) and in future analysis of suspicious transaction
reports, cash transaction reports, currency and monetary
instrument reports, and other relevant data to identify trends and
assess risks in the movement of illicit funds from Russia through
the United States, British, and European financial systems.

Requirement.

Public
information.
Web posting.
Classified
information.
Briefing.

Subtitle C—Other Matters
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SEC. 9721. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT.

(a) IN GENERAL.—Section 721(b)(3) of the Defense Production
Act of 1950 (50 U.S.C. 4565(b)(3)) is amended—

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134 STAT. 4840

(1) in subparagraph (A)—
(A) in the heading, by adding ‘‘OR ASSESSMENT’’ at
the end; and
(B) by striking ‘‘subsection (b) that concludes action
under this section’’ and inserting ‘‘this subsection that concludes action under this section, or upon the Committee
making
a
notification
under
paragraph
(1)(C)(v)(III)(aa)(DD)’’; and
(2) in subparagraph (C)(i)—
(A) in subclause (I), by striking ‘‘and’’ at the end;
(B) in subclause (II), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(III) whether the transaction is described
under clause (i), (ii), (iii), (iv), or (v) of subsection
(a)(4)(B).’’.
(b) TECHNICAL CORRECTIONS.—
(1) IN GENERAL.—Section 1727(a) of the Foreign Investment
Risk Review Modernization Act of 2018 (Public Law 115–232)
is amended—
(A) in paragraph (3), by striking ‘‘(4)(C)(v)’’ and
inserting ‘‘(4)(F)’’; and
(B) in paragraph (4), by striking ‘‘subparagraph (B)’’
and inserting ‘‘subparagraph (C)’’.
(2) EFFECTIVE DATE.—The amendments under paragraph
(1) shall take effect on the date of enactment of the Foreign
Investment Risk Review Modernization Act of 2018.

50 USC 4565
note.

50 USC 4565
note.

22 USC 261 note
prec.

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Recommendations.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 9722. ENSURING CHINESE DEBT TRANSPARENCY.

(a) UNITED STATES POLICY AT THE INTERNATIONAL FINANCIAL
INSTITUTIONS.—The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the International
Financial Institutions Act) that it is the policy of the United States
to use the voice and vote of the United States at the respective
institution to seek to secure greater transparency with respect
to the terms and conditions of financing provided by the government
of the People’s Republic of China to any member state of the
respective institution that is a recipient of financing from the
institution, consistent with the rules and principles of the Paris
Club.
(b) REPORT REQUIRED.—The Chairman of the National Advisory
Council on International Monetary and Financial Policies shall
include in the annual report required by section 1701 of the International Financial Institutions Act—
(1) a description of progress made toward advancing the
policy described in subsection (a) of this section; and
(2) a discussion of financing provided by entities owned
or controlled by the government of the People’s Republic of
China to the member states of international financial institutions that receive financing from the international financial
institutions, including any efforts or recommendations by the
Chairman to seek greater transparency with respect to the
former financing.
(c) SUNSET.—Subsections (a) and (b) of this section shall have
no force or effect after the earlier of—

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4841

(1) the date that is 7 years after the date of the enactment
of this Act; or
(2) 30 days after the date that the Secretary reports to
the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate
that the People’s Republic of China is in substantial compliance
with the rules and principles of the Paris Club.

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SEC. 9723. ACCOUNTABILITY FOR WORLD BANK LOANS TO CHINA.

(a) UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM
WORLD BANK ASSISTANCE.—
(1) IN GENERAL.—The United States Governor of the International Bank for Reconstruction and Development (in this
section referred to as the ‘‘IBRD’’) shall instruct the United
States Executive Director at the IBRD that it is the policy
of the United States to—
(A) pursue the expeditious graduation of the People’s
Republic of China from assistance by the IBRD, consistent
with the lending criteria of the IBRD; and
(B) until the graduation of China from IBRD assistance, prioritize projects in China that contribute to global
public goods, to the extent practicable.
(2) SUNSET.—Paragraph (1) shall have no force or effect
on or after the earlier of—
(A) the date that is 7 years after the date of the
enactment of this Act; or
(B) the date that the Secretary of the Treasury reports
to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations
of the Senate that termination of paragraph (1) is important
to the national interest of the United States, with a detailed
explanation of the reasons therefor.
(b) ACCOUNTABILITY FOR WORLD BANK LOANS TO THE PEOPLE’S
REPUBLIC OF CHINA.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the United States Governor of
the IBRD shall submit the report described in paragraph (2)
to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the
Senate.
(2) REPORT DESCRIBED.—The report described in this paragraph shall include the following:
(A) A detailed description of the efforts of the United
States Governor of the IBRD to enforce the timely graduation of countries from the IBRD, with a particular focus
on the efforts with regard to the People’s Republic of China.
(B) If the People’s Republic of China is a member
country of the IBRD, an explanation of any economic or
political factors that have prevented the graduation of the
People’s Republic of China from the IBRD.
(C) A discussion of any effects resulting from fungibility
and IBRD lending to China, including the potential for
IBRD lending to allow for funding by the government of
the People’s Republic of China of activities that may be
inconsistent with the national interest of the United States.
(D) An action plan to help ensure that the People’s
Republic of China graduates from the IBRD within 2 years

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22 USC 261 note
prec.

Action plan.

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134 STAT. 4842

after submission of the report, consistent with the lending
eligibility criteria of the IBRD.
(3) WAIVER OF REQUIREMENT THAT REPORT INCLUDE ACTION
PLAN.—The Secretary of the Treasury may waive the requirement of paragraph (2)(D) on reporting to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate that the waiver
is important to the national interest of the United States,
with a detailed explanation of the reasons therefor.
(c) ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE BELT
AND ROAD INITIATIVE.—Within 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall, in consultation
with the Secretary of State, submit to the Committee on Financial
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report (which should be submitted in unclassified form
but may include a classified annex) that includes the following:
(1) An assessment of the level of indebtedness of countries
receiving assistance through the Belt and Road Initiative that
are also beneficiary countries of the international financial
institutions, including the level and nature of indebtedness
to the People’s Republic of China or an entity owned or controlled by the government of the People’s Republic of China.
(2) An analysis of debt management assistance provided
by the World Bank, the International Monetary Fund, and
the Office of Technical Assistance of the Department of the
Treasury to borrowing countries of the Belt and Road Initiative
of the People’s Republic of China (or any comparable initiative
or successor initiative of China).
(3) An assessment of the effectiveness of United States
efforts, including bilateral efforts and multilateral efforts, at
the World Bank, the International Monetary Fund, other international financial institutions and international organizations
to promote debt transparency.

Assessments.
Deadline.
Consultation.
Classified
information.

Analysis.

22 USC 262p–4n
note.

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PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 9724. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT INTERNATIONAL FINANCIAL INSTITUTIONS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Taiwan is responsible for remarkable achievements in
economic and democratic development, with its per capita gross
domestic product rising in purchasing power parity terms from
$3,470 in 1980 to more than $55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant and
advanced economy under democratic governance and the rule
of law can inform the work of the international financial institutions, including through the contributions and insights of
Taiwan nationals; and
(3) Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has
rendered it ineligible for financial assistance from such institutions.
(b) IN GENERAL.—The Secretary of the Treasury shall instruct
the United States Executive Director at each international financial
institution to use the voice and vote of the United States to seek
to ensure that Taiwan nationals are not discriminated against

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4843

in any employment decision by the institution, including employment through consulting or part-time opportunities, on the basis
of—
(1) whether they are citizens or nationals of, or holders
of a passport issued by, a member country of, or a state or
other jurisdiction that receives assistance from, the international financial institution; or
(2) any other consideration that, in the determination of
the Secretary, unfairly disadvantages Taiwan nationals with
respect to employment at the institution.
(c) WAIVER AUTHORITY.—The Secretary of the Treasury may
waive subsection (b) for not more than 1 year at a time after
reporting to the Committee on Financial Services of the House
of Representatives and the Committee on Foreign Relations of the
Senate that providing the waiver—
(1) will substantially promote the objective of equitable
treatment for Taiwan nationals at the international financial
institutions; or
(2) is in the national interest of the United States, with
a detailed explanation of the reasons therefor.
(d) PROGRESS REPORT.—The Chairman of the National Advisory
Council on International Monetary and Financial Policies shall
submit to the committees specified in subsection (c) an annual
report, in writing, that describes the progress made toward
advancing the policy described in subsection (b), and a summary
of employment trends with respect to Taiwan nationals at the
international financial institutions.
(e) INTERNATIONAL FINANCIAL INSTITUTION DEFINED.—In this
section, the term ‘‘international financial institutions’’ has the
meaning given the term in section 1701(c)(2) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(2)).
(f) SUNSET.—The preceding provisions of this section shall have
no force or effect beginning on the earlier of—
(1) the date that is 7 years after the date of the enactment
of this Act; or
(2) the date that the Secretary of the Treasury reports
to the committees specified in subsection (c) that each international financial institution has adopted the policy described
in subsection (b).

Time period.

TITLE XCIX—CREATING HELPFUL INCENTIVES
TO
PRODUCE
SEMICONDUCTORS FOR AMERICA
Sec.
Sec.
Sec.
Sec.

9901.
9902.
9903.
9904.

Sec. 9905.
Sec. 9906.
Sec. 9907.
Sec. 9908.

Definitions.
Semiconductor incentives.
Department of Defense.
Department of Commerce study on status of microelectronics technologies in the United States industrial base.
Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains.
Advanced microelectronics research and development.
Prohibition relating to foreign entities of concern.
Defense Production Act of 1950 efforts.

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SEC. 9901. DEFINITIONS.

15 USC 4651.

In this title:
(1) The term ‘‘appropriate committees of Congress’’ means—

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134 STAT. 4844

PUBLIC LAW 116–283—JAN. 1, 2021
(A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee
on Commerce, Science, and Transportation, the Committee
on Foreign Relations, the Committee on Armed Services,
the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Homeland Security and Governmental Affairs, and the
Committee on Finance of the Senate; and
(B) the Permanent Select committee on Intelligence,
the Committee on Energy and Commerce, the Committee
on Foreign Affairs, the Committee on Armed Services, the
Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial
Services, the Committee on Homeland Security, and the
Committee on Ways and Means of the House of Representatives..
(2) The term ‘‘covered entity’’ means a private entity, a
consortium of private entities, or a consortium of public and
private entities with a demonstrated ability to substantially
finance, construct, expand, or modernize a facility relating to
fabrication, assembly, testing, advanced packaging, or research
and development of semiconductors.
(3) The term ‘‘covered incentive’’:
(A) means an incentive offered by a governmental
entity to a covered entity for the purposes of constructing
within the jurisdiction of the governmental entity, or
expanding or modernizing an existing facility within that
jurisdiction, a facility described in paragraph (2); and
(B) a workforce-related incentive (including a grant
agreement relating to workforce training or vocational education), any concession with respect to real property,
funding for research and development with respect to semiconductors, and any other incentive determined appropriate
by the Secretary, in consultation with the Secretary of
State.
(4) The term ‘‘person’’ includes an individual, partnership,
association, corporation, organization, or any other combination
of individuals.
(5) The term ‘‘foreign entity’’—
(A) means—
(i) a government of a foreign country and a foreign
political party;
(ii) a natural person who is not a lawful permanent
resident of the United States, citizen of the United
States, or any other protected individual (as such term
is defined in section 274B(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324b(a)(3)); or
(iii) a partnership, association, corporation,
organization, or other combination of persons organized
under the laws of or having its principal place of business in a foreign country; and
(B) includes—
(i) any person owned by, controlled by, or subject
to the jurisdiction or direction of a an entity listed
in subparagraph (A);

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4845

(ii) any person, wherever located, who acts as an
agent, representative, or employee of an entity listed
in subparagraph (A);
(iii) any person who acts in any other capacity
at the order, request, or under the direction or control,
of an entity listed in subparagraph (A), or of a person
whose activities are directly or indirectly supervised,
directed, controlled, financed, or subsidized in whole
or in majority part by an entity listed in subparagraph
(A);
(iv) any person who directly or indirectly through
any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the
equity interests of an entity listed in subparagraph
(A);
(v) any person with significant responsibility to
control, manage, or direct an entity listed in subparagraph (A);
(vi) any person, wherever located, who is a citizen
or resident of a country controlled by an entity listed
in subparagraph (A); or
(vii) any corporation, partnership, association, or
other organization organized under the laws of a
country controlled by an entity listed in subparagraph
(A).
(6) The term ‘‘foreign entity of concern’’ means any foreign
entity that is—
(A) designated as a foreign terrorist organization by
the Secretary of State under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury;
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country
that is listed in section 2533c of title 10, United States
Code; or
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was obtained
under—
(i) chapter 37 of title 18, United States Code (commonly known as the ‘‘Espionage Act’’) (18 U.S.C. 792
et seq.);
(ii) section 951 or 1030 of title 18, United States
Code;
(iii) chapter 90 of title 18, United States Code
(commonly known as the ‘‘Economic Espionage Act of
1996’’);
(iv) the Arms Export Control Act (22 U.S.C. 2751
et seq.);
(v) sections 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274–2278; 2284);
(vi) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(vii) the International Economic Emergency
Powers Act (50 U.S.C. 1701 et seq.); or

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134 STAT. 4846

(E) determined by the Secretary, in consultation with
the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is
detrimental to the national security or foreign policy of
the United States under this Act.
(7) The term ‘‘governmental entity’’ means a State or local
government.
(8) The term ‘‘Secretary’’ means the Secretary of Commerce.
(9) The term ‘‘semiconductor’’ has the meaning given that
term by the Secretary.

Determination.
Consultation.

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15 USC 4652.

PUBLIC LAW 116–283—JAN. 1, 2021

SEC. 9902. SEMICONDUCTOR INCENTIVES.

(a) FINANCIAL ASSISTANCE PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish in the
Department of Commerce a program that, in accordance with
the requirements of this section and subject to the availability
of appropriations for such purposes, provides Federal financial
assistance to covered entities to incentivize investment in facilities and equipment in the United States for semiconductor
fabrication, assembly, testing, advanced packaging, or research
and development.
(2) PROCEDURE.—
(A) IN GENERAL.—A covered entity shall submit to the
Secretary an application that describes the project for
which the covered entity is seeking financial assistance
under this section.
(B) ELIGIBILITY.—In order for a covered entity to
qualify for financial assistance under this section, the covered entity shall demonstrate to the Secretary, in the
application submitted by the covered entity under subparagraph (A), that—
(i) the covered entity has a documented interest
in constructing, expanding, or modernizing a facility
described in paragraph (1); and
(ii) with respect to the project described in clause
(i), the covered entity has—
(I) been offered a covered incentive;
(II) made commitments to worker and community investment, including through—
(aa) training and education benefits paid
by the covered entity; and
(bb) programs to expand employment
opportunity for economically disadvantaged
individuals; and
(III) secured commitments from regional educational and training entities and institutions of
higher education to provide workforce training,
including programming for training and job placement of economically disadvantaged individuals;
and
(IV) an executable plan to sustain the facility
described in clause (i) without additional Federal
financial assistance under this subsection for
facility support.
(C) CONSIDERATIONS FOR REVIEW.—With respect to the
review by the Secretary of an application submitted by
a covered entity under subparagraph (A)—

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134 STAT. 4847

(i) the Secretary may not approve the application
unless the Secretary—
(I) confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B);
(II) determines that the project to which the
application relates is in the interest of the United
States; and
(III) has notified the appropriate committees
of Congress not later than 15 days before making
any commitment to provide a grant to any covered
entity that exceeds $10,000,000; and
(ii) the Secretary may consider whether—
(I) the covered entity has previously received
financial assistance made under this subsection;
(II) the governmental entity offering the
applicable covered incentive has benefitted from
financial assistance previously provided under this
subsection;
(III) the covered entity has demonstrated that
they are responsive to the national security needs
or requirements established by the Intelligence
Community (or an agency thereof), the National
Nuclear Security Administration, or the Department of Defense; and
(IV) when practicable, a consortium that is
considered a covered entity includes a small business concern, as defined under section 3 of the
Small Business Act (15 U.S.C. 632), notwithstanding section 121.103 of title 13, Code of Federal Regulations; and
(iii) the Secretary may not approve an application
if the Secretary determines that the covered entity
is a foreign entity of concern.
(D) RECORDS.—The Secretary may request records and
information from the applicant to review the status of
a covered entity. The applicant shall provide the records
and information requested by the Secretary.
(3) AMOUNT.—
(A) IN GENERAL.—The Secretary shall determine the
appropriate amount and funding type for each financial
assistance award made to a covered entity under this subsection.
(B) LARGER INVESTMENT.—Federal investment in any
individual project shall not exceed $3,000,000,000 unless
the Secretary, in consultation with the Secretary of Defense
and the Director of National Intelligence, recommends to
the President, and the President certifies and reports to
the appropriate committees of Congress, that a larger
investment is necessary to—
(i) significantly increase the proportion of reliable
domestic supply of semiconductors relevant for national
security and economic competitiveness that can be met
through domestic production; and
(ii) meet the needs of national security.
(4) USE OF FUNDS.—A covered entity that receives a financial assistance award under this subsection may only use the
financial assistance award amounts to—

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Determination.

Notification.
Deadline.

Determination.

Determination.

Consultation.
Recommendation.
President.
Certification.
Reports.

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134 STAT. 4848
Determination.

Determination.

Determination.

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Deadline.

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PUBLIC LAW 116–283—JAN. 1, 2021

(A) finance the construction, expansion, or modernization of a facility or equipment to be used for semiconductors
described in paragraph (1), as documented in the application submitted by the covered entity under paragraph
(2)(B), as determined necessary by the Secretary for purposes relating to the national security and economic
competitiveness of the United States;
(B) support workforce development for a facility
described in subparagraph (A);
(C) support site development and modernization for
a facility described in subparagraph (A); and
(D) pay reasonable costs related to the operating
expenses for a facility described in subparagraph (A),
including specialized workforce, essential materials, and
complex equipment maintenance, as determined by the
Secretary.
(5) CLAWBACK.—
(A) TARGET DATES.—For all major awards to covered
entities, the Secretary shall—
(i) determine target dates by which a project shall
commence and complete; and
(ii) set these dates by the time of award.
(B) PROGRESSIVE RECOVERY FOR DELAYS.—If the project
does not commence and complete by the set target dates
in (A), the Secretary shall progressively recover up to the
full amount of an award provided to a covered entity under
this subsection.
(C) TECHNOLOGY CLAWBACK.—The Secretary shall
recover the full amount of an award provided to a covered
entity under this subsection if, during the applicable term
with respect to the award, the covered entity knowingly
engages in any joint research or technology licensing
effort—
(i) with a foreign entity of concern; and
(ii) that relates to a technology or product that
raises national security concerns, as determined by
the Secretary and communicated to the covered entity
before engaging in such joint research or technology
licensing.
(D) WAIVER.—In the case of delayed projects, the Secretary may waive elements of the clawback provisions
incorporated in each major award after—
(i) making a formal determination that circumstances beyond the ability of the covered entity
to foresee or control are responsible for delays; and
(ii) submitting congressional notification.
(E) CONGRESSIONAL NOTIFICATION.—The Secretary
shall notify appropriate committees of Congress—
(i) of the clawback provisions attending each such
major award; and
(ii) of any waivers provided, not later than 15
days after the date on which such a waiver was provided.
(b) COORDINATION REQUIRED.—In carrying out the program
established under subsection (a), the Secretary shall coordinate
with the Secretary of State, the Secretary of Defense, the Secretary

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134 STAT. 4849

of Homeland Security, the Secretary of Energy, and the Director
of National Intelligence.
(c) GAO REVIEWS.—The Comptroller General of the United
States shall—
(1) not later than 2 years after the date of disbursement
of the first financial award under subsection (a), and biennially
thereafter for 10 years, conduct a review of the program established under subsection (a), which shall include, at a minimum—
(A) a determination of the number of instances in
which financial assistance awards were provided under
that subsection during the period covered by the review;
(B) an evaluation of how—
(i) the program is being carried out, including how
recipients of financial assistance awards are being
selected under the program; and
(ii) other Federal programs are leveraged for
manufacturing, research, and training to complement
the financial assistance awards awarded under the
program; and
(C) a description of the outcomes of projects supported
by awards made under the program, including a description
of—
(i) facilities described in subsection (a)(1) that were
constructed, expanded, or modernized as a result of
awards made under the program;
(ii) research and development carried out with
awards made under the program;
(iii) workforce training programs carried out with
awards made under the program, including efforts to
hire individuals from disadvantaged populations; and
(iv) the impact of projects on the United States
share of global microelectronics production; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).

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SEC. 9903. DEPARTMENT OF DEFENSE.

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Determination.

Evaluation.

15 USC 4653.

(a) DEPARTMENT OF DEFENSE EFFORTS.—
(1) IN GENERAL.—Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy,
the Secretary of Homeland Security, and the Director of
National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize
the formation of one or more consortia of companies (or other
such partnerships of private-sector entities, as appropriate) to
ensure the development and production of measurably secure
microelectronics, including integrated circuits, logic devices,
memory, and the packaging and testing practices that support
these microelectronic components by the Department of
Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives
may include the use of grants under section 9902, and providing
incentives for the creation, expansion, or modernization of one
or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development
facilities in the United States.

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Time period.

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(2) RISK MITIGATION REQUIREMENTS.—A participant in a
consortium formed with incentives under paragraph (1)—
(A) shall have the potential to enable design, perform
fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined
by the National Security Advisor and the Secretary of
Defense;
(B) may be a fabless company migrating its designs
to the facility envisioned in paragraph (1) or migrating
to an existing facility onshore;
(C) may be companies, including fabless companies
and companies that procure large quantities of microelectronics, willing to co-invest to achieve the objectives set
forth in paragraph (1);
(D) shall include management processes to identify
and mitigate supply chain security risks; and
(E) shall be capable of providing microelectronic components that are consistent with applicable measurably
secure supply chain and operational security standards
established under section 224(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–
92).
(3) NATIONAL SECURITY CONSIDERATIONS.—The Secretary
of Defense and the Director of National Intelligence shall select
participants for each consortium and or partnership formed
with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider
whether the companies—
(A) have participated in previous programs and projects
of the Department of Defense, Department of Energy, or
the intelligence community, including—
(i) the Trusted Integrated Circuit program of the
Intelligence Advanced Research Projects Activity;
(ii) trusted and assured microelectronics projects,
as administered by the Department of Defense;
(iii) the Electronics Resurgence Initiative program
of the Defense Advanced Research Projects Agency;
or
(iv) relevant semiconductor research programs of
the Advanced Research Projects Agency–Energy;
(B) have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the
intelligence community;
(C) are approved by the Defense Counterintelligence
and Security Agency or the Office of the Director of
National Intelligence as presenting an acceptable security
risk, taking into account supply chain assurance
vulnerabilities, counterintelligence risks, and any risks presented by companies whose beneficial owners are located
outside the United States; and
(D) are evaluated periodically for foreign ownership,
control, or influence by a foreign entity of concern.
(4) NONTRADITIONAL DEFENSE CONTRACTORS AND COMMERCIAL ENTITIES.—Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense
determines appropriate to encourage industry participation of
nontraditional defense contractors or commercial entities and

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134 STAT. 4851

may include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction authority
under section 2371 of title 10, United States Code, or another
such arrangement.
(5) IMPLEMENTATION.—Subject to the availability of appropriations for such purposes, the Secretary of Defense—
(A) shall carry out paragraph (1) jointly through the
Office of the Under Secretary of Defense for Research and
Engineering and the Office of the Under Secretary of
Defense for Acquisition and Sustainment; and
(B) may carry out paragraph (1) in collaboration with
any such other component of the Department of Defense
as the Secretary of Defense considers appropriate.
(6) OTHER INITIATIVES.—
(A) REQUIRED INITIATIVES.—Subject to the availability
of appropriations for such purposes, the Secretary of
Defense, in consultation with the Secretary of Energy and
the Administrator of the National Nuclear Security
Administration, as appropriate, may dedicate initiatives
within the Department of Defense to carry out activities
to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened microelectronics that support
national security and dual-use applications.
(B) SUPPORT PLAN REQUIRED.—The Secretary of
Defense, in consultation with the heads of appropriate
departments and agencies of the Federal Government, shall
develop a plan, including assessment of resource requirements and designation of responsible officials, for the
maintenance of capabilities to produce trusted and assured
microelectronics to support current and legacy defense systems, other government systems essential for national security, and critical infrastructure of the United States, especially for items with otherwise limited commercial demand.
(C) ASSESSMENT OF PUBLIC PRIVATE PARTNERSHIPS AND
ACTIVITIES.—In conjunction with the activities carried out
under this section, the Secretary of Defense shall enter
into an agreement with the National Academies of Science,
Engineering, and Medicine to undertake a study to make
recommendations and provide policy options for optimal
public-private partnerships and partnership activities,
including an analysis of establishing a semiconductor
manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private
capital, as well as an assessment of and response to the
industrial policies of other nations to support industries
in similar critical technology sectors, and deliver such study
to the congressional defense committees not later than
October 1, 2022.
(7) REPORTS.—
(A) REPORT BY SECRETARY OF DEFENSE.—Not later than
90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report
on the plans of the Secretary to carry out paragraphs
(1) and (6).
(B) BIENNIAL REPORTS BY COMPTROLLER GENERAL OF
THE UNITED STATES.—Not later than one year after the
date on which the Secretary submits the report required

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Assessment.

Contracts.
Study.
Recommendations.
Analysis.
Deadline.

Time period.

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by subparagraph (A) and not less frequently than once
every two years thereafter for a period of 10 years, the
Comptroller General of the United States shall submit
to Congress a report on the activities carried out under
this subsection.
(b) NATIONAL NETWORK FOR MICROELECTRONICS RESEARCH AND
DEVELOPMENT.—
(1) IN GENERAL.—Subject to the availability of appropriations for such purposes, the Secretary of Defense may establish
a national network for microelectronics research and development—
(A) to enable the laboratory to fabrication transition
of microelectronics innovations in the United States; and
(B) to expand the global leadership in microelectronics
of the United States.
(2) ACTIVITIES.—The national network for microelectronics
research and development shall—
(A) enable cost effective exploration of new materials,
devices, and architectures, and prototyping in domestic
facilities to safeguard domestic intellectual property;
(B) accelerate the transition of new technologies to
domestic microelectronics manufacturers; and
(C) conduct other relevant activities deemed necessary
by the Secretary of Defense for accomplishing the purposes
of the national network for microelectronics research and
development.

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15 USC 4654.

SEC. 9904. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS TECHNOLOGIES IN THE UNITED STATES
INDUSTRIAL BASE.

Deadline.
Consultation.

(a) IN GENERAL.—Beginning not later than 180 days after the
date of the enactment of this Act, the Secretary, in consultation
with the heads of other Federal departments and agencies, as
appropriate, including the Secretary of Defense, Secretary of Homeland Security, and the Secretary of Energy, shall undertake a
review, which shall include a survey, using authorities in section
705 of the Defense Production Act of 1950 (50 U.S.C. 4555), to
assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply
chain and significant interdependencies between the United States
industrial base and the industrial bases of foreign countries with
respect to the manufacture, design, and end use of microelectronics.
(b) RESPONSE TO SURVEY.—To the extent authorized by section
705 of the Defense Production Act of 1950 (50 U.S.C. 4555) and
section 702 of title 15, Code of Federal Regulations, the Secretary
shall ensure all relevant potential respondents reply to the survey,
including the following:
(1) Corporations, partnerships, associations, or any other
organized groups domiciled and with substantial operations
in the United States.
(2) Corporations, partnerships, associations, or any other
organized groups with a physical presence of any kind in the
United States.
(3) Foreign domiciled corporations, partnerships, associations, or any other organized groups with a physical presence
of any kind in the United States.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4853

(c) INFORMATION REQUESTED.—To the extent authorized by section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555)
and section 702 of title 15, Code of Federal Regulations, the information sought from a responding entity specified in subsection (b)
shall include, at minimum, information on the following with respect
to the manufacture, design, or end use of microelectronics by such
entity:
(1) An identification of the geographic scope of operations.
(2) Information on relevant cost structures.
(3) An identification of types of microelectronics development, manufacture, assembly, test, and packaging equipment
in operation at such an entity.
(4) An identification of all relevant intellectual property,
raw materials, and semi-finished goods and components sourced
domestically and abroad by such an entity.
(5) Specifications of the microelectronics manufactured or
designed by such an entity, descriptions of the end-uses of
such microelectronics, and a description of any technical support provided to end-users of such microelectronics by such
an entity.
(6) Information on domestic and export market sales by
such an entity.
(7) Information on the financial performance, including
income and expenditures, of such an entity.
(8) A list of all foreign and domestic subsidies, and any
other financial incentives, received by such an entity in each
market in which such entity operates.
(9) A list of regulatory or other informational requests
about the respondents’ operations, sales, or other proprietary
information by the People’s Republic of China entities under
its direction or officials of the Chinese Communist Party, a
description of the nature of each request, and the type of
information provided.
(10) Information on any joint ventures, technology licensing
agreements, and cooperative research or production arrangements of such an entity.
(11) A description of efforts by such an entity to evaluate
and control supply chain risks.
(12) A list and description of any sales, licensing agreements, or partnerships between such an entity and the People’s
Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales,
licensing agreements, or partnerships may occur.
(d) REPORT.—
(1) IN GENERAL.—The Secretary shall, in consultation with
the heads of other appropriate Federal departments and agencies, as appropriate, including the Secretary of Defense, Secretary of Homeland Security, and Secretary of Energy, submit
to Congress a report on the results of the review required
by subsection (a). The report shall include the following:
(A) An assessment of the results of the review.
(B) A list of critical technology areas impacted by
potential disruptions in production of microelectronics, and
a detailed description and assessment of the impact of
such potential disruptions on such areas.

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List.

Evaluation.
List.

Consultation.
Assessments.

List.

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134 STAT. 4854

(C) A description and assessment of gaps and
vulnerabilities in the microelectronics supply chain and
the national industrial supply base.
(2) FORM.—The report required by paragraph (1) may be
submitted in classified form.

Classified
information.
15 USC 4655.

SEC. 9905. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE SEMICONDUCTORS AND MEASURABLY
SECURE SEMICONDUCTORS SUPPLY CHAINS.

(a) MULTILATERAL SEMICONDUCTORS SECURITY FUND.—
(1) ESTABLISHMENT OF FUND.—The Secretary of the
Treasury is authorized to establish a trust fund, to be known
as the ‘‘Multilateral Semiconductors Security Fund’’ (in this
section referred to as the ‘‘Fund’’), consisting of any appropriated funds credited to the Fund for such purpose.
(2) REPORTING REQUIREMENT.—If the Fund authorized
under subsection (a)(1) is not established, 180 days after the
date of the enactment of this Act and annually thereafter
until such Fund is established, the Secretary of the Treasury,
in coordination with the Secretary of State, shall provide, in
writing, to the appropriate committees of Congress a rationale
for not establishing the Fund.
(3) INVESTMENT OF AMOUNTS.—
(A) INVESTMENT OF AMOUNTS.—If the Fund authorized
under subsection (a)(1) is established, the Secretary of the
Treasury shall invest such portion of the Fund as is not
required to meet current withdrawals in interest-bearing
obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(B) INTEREST AND PROCEEDS.—The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to and form a part
of the Fund.
(4) USE OF FUND.—
(A) IN GENERAL.—Subject to subparagraph (B),
amounts in the Fund shall be available, as provided in
advance in an appropriations Act, to the Secretary of
State—
(i) to provide funding through the common funding
mechanism described in subsection (b)(1) to support
the development and adoption of measurably secure
semiconductors and measurably secure semiconductors
supply chains; and
(ii) to otherwise carry out this section.
(B) AVAILABILITY CONTINGENT ON INTERNATIONAL
ARRANGEMENT OR AGREEMENT.—
(i) IN GENERAL.—Amounts in the Fund shall be
available to the Secretary of State, subject to appropriation, on and after the date on which the Secretary
of State enters into an arrangement or agreement with
the governments of countries that are partners of the
United States to participate in the common funding
mechanism under paragraph (1) of subsection (b).
(ii) CONSULTATION.—Before entering into an
arrangement or agreement as described clause (i), the
Secretary of State, in consultation with the Secretary
of Commerce, shall ensure any partner government

Coordination.

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Contracts.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4855

maintains export control licensing policies on semiconductor technology substantively equivalent to the
United States with respect to restrictions on such
exports to the People’s Republic of China.
(b) COMMON FUNDING MECHANISM FOR DEVELOPMENT AND
ADOPTION OF MEASURABLY SECURE SEMICONDUCTORS AND MEASURABLY SECURE SEMICONDUCTORS SUPPLY CHAINS.—
(1) IN GENERAL.—The Secretary of State, in consultation
with the Secretary of Commerce, the Secretary of Defense,
the Secretary of Homeland Security, the Secretary of the
Treasury, the Secretary of Energy, and the Director of National
Intelligence, is authorized to establish a common funding
mechanism, in coordination with foreign partners, that uses
amounts from the Fund to support the development and adoption of secure semiconductors and secure semiconductors supply
chains, including for use in research and development collaborations among partner countries participating in the common
funding mechanism. In establishing and sustaining a common
funding mechanism, the Secretary of State should leverage
United States funding in order to secure contributions and
commitments from trusted foreign partners, including cost
sharing and other cooperative measures leading to the development and adoption of secure semiconductors and secure microelectronic supply chains.
(2) COMMITMENTS.—In creating and sustaining a common
funding mechanism described in paragraph (1), the Secretary
of State should promote efforts among foreign partners to—
(A) establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to semiconductors firms located in or outside
such countries;
(B) establish consistent policies with respect to countries that—
(i) are not participating in the common funding
mechanism; and
(ii) do not meet transparency requirements established under subparagraph (A);
(C) promote harmonized treatment of semiconductors
and verification processes for items being exported to a
country considered a national security risk by a country
participating in the common funding mechanism;
(D) establish consistent policies and common external
policies to address nonmarket economies as the behavior
of such countries pertains to semiconductors;
(E) align policies on supply chain integrity and semiconductors security, including with respect to protection
and enforcement of intellectual property rights; and
(F) promote harmonized foreign direct investment
screening measures and export control policies with respect
to semiconductors to align with national, multilateral, and
plurilateral security priorities.
(c) ANNUAL REPORT TO CONGRESS.—Not later than one year
after the date of the enactment of this Act, and annually thereafter
for each fiscal year during which amounts in the Fund are available
under subsection (a)(4), the Secretary of State shall submit to
the appropriate committees of Congress a report on the status

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Coordination.

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Reports.

Contracts.
Notification.
Deadline.

15 USC 4656.

of the implementation of this section that includes a description
of—
(1) any commitments made by the governments of countries
that have entered into an arrangement or agreement with
the United States to provide funding for the common funding
mechanism described in subsection (b)(1) and the specific
amount so committed and other cooperative measures being
taken by such countries as part of the common funding mechanism;
(2) the criteria established for expenditure of funds through
the common funding mechanism;
(3) how, and to whom, amounts have been expended from
the Fund and a description of progress made utilizing the
Fund to support the objectives described in subsection (b)(1);
(4) amounts remaining in the Fund;
(5) the progress of the Secretary of State toward entering
into an arrangement or agreement with the governments of
countries that are partners of the United States to participate
in the common funding mechanism and the commitments
described in subsection (b)(2); and
(6) any additional authorities needed to enhance the
effectiveness of the Fund in achieving the security goals of
the United States.
(d) NOTIFICATIONS TO BE PROVIDED BY THE FUND.—
(1) IN GENERAL.—Not later than 15 days prior to the Fund
making a financial commitment associated with the provision
of expenditures under subsection (a)(4)(A) in an amount in
excess of $1,000,000, the Secretary of State shall submit to
the appropriate committees of Congress report in writing that
contains the information required by paragraph (2).
(2) INFORMATION REQUIRED.—The information required by
this subsection includes—
(A) the amount of each such expenditure;
(B) an identification of the recipient or beneficiary;
and
(C) a description of the project or activity and the
purpose to be achieved by an expenditure of the Fund.
(3) ARRANGEMENTS OR AGREEMENTS.—The Secretary of
State shall notify the appropriate committees of Congress not
later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection
(a)(4)(B).
SEC. 9906. ADVANCED MICROELECTRONICS RESEARCH AND DEVELOPMENT.

(a) SUBCOMMITTEE ON MICROELECTRONICS LEADERSHIP.—
(1) ESTABLISHMENT REQUIRED.—The President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership and competitiveness of the United States in microelectronics technology and
innovation (in this section referred to as the ‘‘Subcommittee)’’.
(2) MEMBERSHIP.—The Subcommittee shall be composed
of the following members:
(A) The Secretary of Defense.
(B) The Secretary of Energy.
(C) The Director of the National Science Foundation.
(D) The Secretary of Commerce.

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President.

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134 STAT. 4857

(E) The Secretary of State.
(F) The Secretary of Homeland Security.
(G) The United States Trade Representative.
(H) The Director of National Intelligence.
(I) The heads of such other departments and agencies
of the Federal Government as the President determines
appropriate.
(3) DUTIES.—The duties of the Subcommittee are as follows:
(A) NATIONAL STRATEGY ON MICROELECTRONICS
RESEARCH.—
(i) IN GENERAL.—In consultation with the advisory
committee established in (b), and other appropriate
stakeholders in the microelectronics industry and academia, the Subcommittee shall develop a national
strategy on microelectronics research, development,
manufacturing, and supply chain security to—
(I) accelerate the domestic development and
production of microelectronics and strengthen the
domestic microelectronics workforce; and
(II) ensure that the United States is a global
leader in the field of microelectronics research and
development.
(ii) ELEMENTS.—The strategy developed under this
subparagraph shall address—
(I) activities that may be carried out to
strengthen engagement and outreach between the
Department of Defense and industry, academia,
international partners of the United States, and
other departments and agencies of the Federal
Government on issues relating to microelectronics;
(II) priorities for research and development
to accelerate the advancement and adoption of
innovative microelectronics and new uses of microelectronics and components;
(III) the role of diplomacy and trade in
maintaining the position of the United States as
a global leader in the field of microelectronics;
(IV) the potential role of a Federal laboratory,
center, or incubator exclusively focused on the
research and development of microelectronics, as
described in section 231(b)(15) of the National
Defense Authorization Act for Fiscal Year 2017
(as added by section 276 of this Act) in carrying
out the strategy and plan required under this
subparagraph; and
(V) such other activities as the Subcommittee
determines may be appropriate to overcome future
challenges to the innovation, competitiveness, and
supply chain integrity of the United States in the
field of microelectronics.
(B) FOSTERING COORDINATION OF RESEARCH AND
DEVELOPMENT.—The Subcommittee shall coordinate microelectronics related research, development, manufacturing,
and supply chain security activities and budgets of Federal
agencies and ensure such activities are consistent with
the strategy required under subparagraph (A).
(C) REPORTING AND UPDATES.—

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(i) PROGRESS BRIEFING.—Not later than one year
after the date of the enactment of this Act, the President shall provide to the appropriate committees of
Congress a briefing on the progress of the Subcommittee in developing the strategy required under
subparagraph (A).
(ii) STRATEGY UPDATE.—Not less frequently than
once every 5 years, the Subcommittee shall update
the strategy developed under subparagraph (A) and
submit the revised strategy to the appropriate committees of Congress.
(4) SUNSET.—The Subcommittee shall terminate on the
date that is 10 years after the date of the enactment of this
Act.
(b) INDUSTRIAL ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of
Energy, and the Secretary of Homeland Security, shall establish
an advisory committee to be composed of not fewer than 12
members, including representatives of industry, federal laboratories, and academic institutions, who are qualified to provide
advice to the United States Government on matters relating
to microelectronics research, development, manufacturing, and
policy.
(2) DUTIES.—The advisory committee shall assess and provide guidance to the United States Government on—
(A) science and technology needs of the nation’s
domestic microelectronics industry;
(B) the extent to which the strategy developed under
subsection (a)(3) is helping maintain United States leadership in microelectronics manufacturing;
(C) assessment of the research and development programs and activities authorized under this section; and
(D) opportunities for new public-private partnerships
to advance microelectronics research, development, and
domestic manufacturing.
(3) FACA EXEMPTION.—Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the advisory
committee established under this subsection.
(c) NATIONAL SEMICONDUCTOR TECHNOLOGY CENTER.—
(1) ESTABLISHMENT.—Subject to the availability of appropriations for such purpose, the Secretary of Commerce, in
collaboration with the Secretary of Defense, shall establish
a national semiconductor technology center to conduct research
and prototyping of advanced semiconductor technology to
strengthen the economic competitiveness and security of the
domestic supply chain. Such center shall be operated as a
public private-sector consortium with participation from the
private sector, the Department of Energy, and the National
Science Foundation.
(2) FUNCTIONS.—The functions of the center established
under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor manufacturing,
design and packaging research, and prototyping that
strengthens the entire domestic ecosystem and is aligned
with the strategy required under subsection (a)(3)(A) with
emphasis on the following:

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Consultation.

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PUBLIC LAW 116–283—JAN. 1, 2021

134 STAT. 4859

(i) Semiconductor advanced test, assembly, and
packaging capability in the domestic ecosystem.
(ii) Materials characterization, instrumentation
and testing for next generation microelectronics.
(iii) Virtualization and automation of maintenance
of semiconductor machinery.
(iv) Metrology for security and supply chain
verification.
(B) To establish an investment fund, in partnership
with the private sector, to support startups and collaborations between startups, academia, established companies,
and new ventures, with the goal of commercializing innovations that contribute to the domestic semiconductor ecosystem, including—
(i) advanced metrology and characterization for
manufacturing of microchips using 3 nanometer transistor processes or more advanced processes; and
(ii) metrology for security and supply chain
verification.
(C) To work with the Secretary of Labor, the Director
of the National Science Foundation, the Secretary of
Energy, the private sector, institutions of higher education,
and workforce training entities to incentivize and expand
participation in graduate and undergraduate programs, and
develop workforce training programs and apprenticeships,
in advanced microelectronic design, research, fabrication,
and packaging capabilities.
(d) NATIONAL ADVANCED PACKAGING MANUFACTURING PROGRAM.—Subject to the availability of appropriations for such purpose, the Secretary of Commerce shall establish a National
Advanced Packaging Manufacturing Program led by the Director
of the National Institute of Standards and Technology, in coordination with the national semiconductor technology center established
under subsection (c), to strengthen semiconductor advanced test,
assembly, and packaging capability in the domestic ecosystem, and
which shall coordinate with the Manufacturing USA institute established under subsection (f), if applicable.
(e) MICROELECTRONICS RESEARCH AT THE NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.—Subject to the availability of
appropriations for such purpose, the Director of the National
Institute of Standards and Technology shall carry out a microelectronics research program to enable advances and breakthroughs
in measurement science, standards, material characterization,
instrumentation, testing, and manufacturing capabilities that will
accelerate the underlying research and development for metrology
of next generation microelectronics and ensure the competitiveness
and leadership of the United States within this sector.
(f) CREATION OF A MANUFACTURING USA INSTITUTE.—Subject
to the availability of appropriations for such purpose, the Director
of the National Institute of Standards and Technology may establish
a Manufacturing USA institute described in section 34(d) of the
National Institute of Standards and Technology Act (15 U.S.C.
278s(d)) that is focused on semiconductor manufacturing. Such
institute may emphasize the following:
(1) Research to support the virtualization and automation
of maintenance of semiconductor machinery.

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(2) Development of new advanced test, assembly and packaging capabilities.
(3) Developing and deploying educational and skills
training curricula needed to support the industry sector and
ensure the United States can build and maintain a trusted
and predictable talent pipeline.
(g) DOMESTIC PRODUCTION REQUIREMENTS.—The head of any
executive agency receiving funding under this section shall develop
policies to require domestic production, to the extent possible, for
any intellectual property resulting from microelectronics research
and development conducted as a result of such funding and domestic
control requirements to protect any such intellectual property from
foreign adversaries.
SEC. 9907. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN.

15 USC 4657.

None of the funds authorized to be appropriated to carry out
this subtitle may be provided to a foreign entity of concern.
President.
15 USC 4658.
Reports.
Action plan.

SEC. 9908. DEFENSE PRODUCTION ACT OF 1950 EFFORTS.

Determination.

Consultation.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the President shall submit to Congress
a report on a plan of action for any use of authorities available
in title III of the Defense Production Act of 1950 (50 U.S.C. 4531
et seq.) to establish or enhance a domestic production capability
for microelectronics technologies and related technologies, subject
to—
(1) the availability of appropriations for that purpose; and
(2) a determination made under the plan pursuant to such
title III that such technologies are essential to the national
defense and that domestic industrial capabilities are insufficient
to meet these needs.
(b) COORDINATION.—The President shall develop the plan of
action required by subsection (a) in consultation with any relevant
head of a Federal agency, an advisory committee established under
section 708(d) of the Defense Production Act of 1950 (50 U.S.C.
4558(d)), and appropriate stakeholders in the private sector.

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.
SEC. 10001. AMBER ALERT NATIONWIDE.

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(a) COOPERATION WITH DEPARTMENT OF HOMELAND
RITY.—Subtitle A of title III of the PROTECT Act (34 U.S.C.
34 USC 20501.

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et seq.) is amended—
(1) in section 301—
(A) in subsection (b)—

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134 STAT. 4861

(i) in paragraph (1), by inserting ‘‘(including airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States)’’ after
‘‘gaps in areas of interstate travel’’; and
(ii) in paragraphs (2) and (3), by inserting ‘‘, territories of the United States, and tribal governments’’
after ‘‘States’’; and
(B) in subsection (d), by inserting ‘‘, the Secretary
of Homeland Security,’’ after ‘‘Secretary of Transportation’’;
and
(2) in section 302—
(A) in subsection (b), in paragraphs (2), (3), and (4)
by inserting ‘‘, territorial, tribal,’’ after ‘‘State’’; and
(B) in subsection (c)—
(i) in paragraph (1), by inserting ‘‘, the Secretary
of Homeland Security,’’ after ‘‘Secretary of Transportation’’; and
(ii) in paragraph (2), by inserting ‘‘, territorial,
tribal,’’ after ‘‘State’’.
(b) AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.—
(1) IN GENERAL.—Section 303 of the PROTECT Act (34
U.S.C. 20503) is amended—
(A) in the section heading, by inserting ‘‘AND MAJOR
TRANSPORTATION ROUTES’’ after ‘‘ALONG HIGHWAYS’’;
(B) in subsection (a)—
(i) by inserting ‘‘(referred to in this section as
the ‘Secretary’)’’ after ‘‘Secretary of Transportation’’;
and
(ii) by inserting ‘‘and at airports, maritime ports,
border crossing areas and checkpoints, and ports of
exit from the United States’’ after ‘‘along highways’’;
(C) in subsection (b)—
(i) in paragraph (1)—
(I) by striking ‘‘other motorist information systems to notify motorists’’ and inserting ‘‘other
information systems to notify motorists, aircraft
passengers, ship passengers, and travelers’’; and
(II) by inserting ‘‘, aircraft passengers, ship
passengers, and travelers’’ after ‘‘necessary to
notify motorists’’; and
(ii) in paragraph (2)—
(I) in subparagraph (A), by striking ‘‘other
motorist information systems to notify motorists’’
and inserting ‘‘other information systems to notify
motorists, aircraft passengers, ship passengers,
and travelers’’;
(II) in subparagraph (D), by inserting ‘‘, aircraft passengers, ship passengers, and travelers’’
after ‘‘support the notification of motorists’’;
(III) in subparagraph (E), by inserting ‘‘, aircraft passengers, ship passengers, and travelers’’
after ‘‘motorists’’, each place it appears;
(IV) in subparagraph (F), by inserting ‘‘, aircraft passengers, ship passengers, and travelers’’
after ‘‘motorists’’; and

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34 USC 20502.

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134 STAT. 4862

PUBLIC LAW 116–283—JAN. 1, 2021
(V) in subparagraph (G), by inserting ‘‘, aircraft passengers, ship passengers, and travelers’’
after ‘‘motorists’’;
(D) in subsection (c), by striking ‘‘other motorist
information systems to notify motorists’’, each place it
appears, and inserting ‘‘other information systems to notify
motorists, aircraft passengers, ship passengers, and travelers’’;
(E) by amending subsection (d) to read as follows:
‘‘(d) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of any activities funded by a
grant under this section may not exceed 80 percent.
‘‘(2) WAIVER.—If the Secretary determines that American
Samoa, Guam, the Northern Mariana Islands, Puerto Rico,
or the Virgin Islands of the United States is unable to comply
with the requirement under paragraph (1), the Secretary shall
waive such requirement.’’;
(F) in subsection (g)—
(i) by striking ‘‘In this section’’ and inserting ‘‘In
this subtitle’’; and
(ii) by striking ‘‘or Puerto Rico’’ and inserting
‘‘American Samoa, Guam, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands of the United
States, and any other territory of the United States’’;
and
(G) in subsection (h), by striking ‘‘fiscal year 2004’’
and inserting ‘‘each of fiscal years 2019 through 2023’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of contents in section 1(b) of the PROTECT Act (Public Law
108–21) is amended by striking the item relating to section
303 and inserting the following:

Territories.
Determination.

‘‘Sec. 303. Grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children.’’.

(c) AMBER ALERT COMMUNICATION PLANS IN THE TERRI304 of the PROTECT Act (34 U.S.C. 20504) is
amended—
(1) in subsection (b)(4), by inserting ‘‘a territorial government or’’ after ‘‘with’’;
(2) by amending subsection (c) to read as follows:
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of any activities funded by a
grant under this section may not exceed 50 percent.
‘‘(2) WAIVER.—If the Attorney General determines that
American Samoa, Guam, the Northern Mariana Islands, Puerto
Rico, the Virgin Islands of the United States, or an Indian
tribe is unable to comply with the requirement under paragraph
(1), the Attorney General shall waive such requirement.’’; and
(3) in subsection (d), by inserting ‘‘, including territories
of the United States’’ before the period at the end.
(d) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—
(1) IN GENERAL.—Not later than 5 years after the date
of the enactment of this Act, the Comptroller General shall
conduct a study assessing—
TORIES.—Section

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Determination.

Deadline.
Study.
Assessments.

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(A) the implementation of the amendments made by
this Act;
(B) any challenges related to integrating the territories
of the United States into the AMBER Alert system;
(C) the readiness, educational, technological, and
training needs of territorial law enforcement agencies in
responding to cases involving missing, abducted, or
exploited children; and
(D) any other related matters the Attorney General
or the Secretary of Transportation determines appropriate.
(2) REPORT REQUIRED.—The Comptroller General shall
submit a report on the findings of the study required under
paragraph (1) to—
(A) the Committee on the Judiciary and the Committee
on Environment and Public Works of the Senate;
(B) the Committee on the Judiciary and the Committee
on Transportation and Infrastructure of the House of Representatives; and
(C) each of the delegates or resident commissioner
to the House of Representatives from American Samoa,
Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands of the United States.
(3) PUBLIC AVAILABILITY.—The Comptroller General shall
make the report required under paragraph (2) available on
a public Government website.
(4) OBTAINING OFFICIAL DATA.—
(A) IN GENERAL.—The Comptroller General may secure
information necessary to conduct the study under paragraph (1) directly from any Federal agency and from any
territorial government receiving grant funding under the
PROTECT Act. Upon request of the Comptroller General,
the head of a Federal agency or territorial government
shall furnish the requested information to the Comptroller
General.
(B) AGENCY RECORDS.—Notwithstanding subparagraph
(A), nothing in this subsection shall require a Federal
agency or any territorial government to produce records
subject to a common law evidentiary privilege. Records
and information shared with the Comptroller General shall
continue to be subject to withholding under sections 552
and 552a of title 5, United States Code. The Comptroller
General is obligated to give the information the same level
of confidentiality and protection required of the Federal
agency or territorial government. The Comptroller General
may be requested to sign a nondisclosure or other agreement as a condition of gaining access to sensitive or proprietary data to which the Comptroller General is entitled.
(C) PRIVACY OF PERSONAL INFORMATION.—The Comptroller General, and any Federal agency and any territorial
government that provides information to the Comptroller
General, shall take such actions as are necessary to ensure
the protection of the personal information of a minor.

Web posting.

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SEC. 10002. IMPROVING AUTHORITY FOR OPERATION OF UNMANNED
AIRCRAFT FOR EDUCATIONAL PURPOSES.

Section 350 of the FAA Reauthorization Act of 2018 (Public
Law 115–254; 49 U.S.C. 44809 note) is amended—

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134 STAT. 4864

PUBLIC LAW 116–283—JAN. 1, 2021
(1) in the section heading, by striking ‘‘AT INSTITUTIONS
and inserting ‘‘FOR EDUCATIONAL PUR-

OF HIGHER EDUCATION’’
POSES’’; and

(2) in subsection (a)—
(A) by striking ‘‘aircraft system operated by’’ and all
that follows and inserting ‘‘aircraft system—’’; and
(B) by adding at the end the following new paragraphs:
‘‘(1) operated by an institution of higher education for educational or research purposes;
‘‘(2) flown as part of an established Junior Reserve Officers’
Training Corps (JROTC) program for education or research
purposes; or
‘‘(3) flown as part of an educational program that is chartered by a recognized community-based organization (as defined
in subsection (h) of such section).’’.
SEC. 10003. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT
GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED
STATES ENTITIES.
Time period.

Deadline.
Public
information.

China.

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Deadlines.

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(a) IN GENERAL.—During the period beginning on the date
that is 30 days after the date of the enactment of this Act and
ending on September 30, 2023, amounts provided as project grants
under subchapter I of chapter 471 of title 49, United States Code,
may not be used to enter into a contract described in subsection
(b) with any entity on the list required by subsection (c).
(b) CONTRACT DESCRIBED.—A contract described in this subsection is a contract or other agreement for the procurement of
infrastructure or equipment for a passenger boarding bridge at
an airport.
(c) LIST REQUIRED.—
(1) IN GENERAL.—Not later than 30 days after the date
of enactment of this Act, and thereafter as required by paragraph (2), the Administrator of the Federal Aviation Administration shall, based on information provided by the United
States Trade Representative and the Attorney General, make
available to the public a list of entities making infrastructure
or equipment for a passenger boarding bridge at an airport
that—
(A) are owned, directed, or subsidized by the People’s
Republic of China; and
(B) have been determined by a Federal court to have
misappropriated intellectual property or trade secrets from
an entity organized under the laws of the United States
or any jurisdiction within the United States; or
(C) own or control are owned or controlled by, are
under common ownership or control with, or are successors
to, an entity described in subparagraph (A).
(2) UPDATES TO LIST.—The Administrator shall update the
list required by paragraph (1), based on information provided
by the Trade Representative and the Attorney General—
(A) not less frequently than every 90 days during the
180-day period following the initial publication of the list
under paragraph (1); and
(B) not less frequently than annually thereafter until
September 30, 2023.

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134 STAT. 4865

(d) DEFINITIONS.—In this section, the definitions in section
47102 of title 49, United States Code, shall apply.
SEC. 10004. STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN.

The Secretary of Health and Human Services, acting through
the Assistant Secretary for Planning and Evaluation, shall—
(1) conduct a study that examines, for each type or classification of diabetes (including type 1 diabetes, type 2 diabetes,
gestational diabetes, and other conditions causing reliance on
insulin), the effect of the affordability of insulin on—
(A) adherence to insulin prescriptions;
(B) rates of diabetic ketoacidosis;
(C) downstream impacts of insulin adherence, including
rates of dialysis treatment and end-stage renal disease;
(D) spending by Federal health programs on acute
episodes that could have been averted by adhering to an
insulin prescription; and
(E) other factors, as appropriate, to understand the
impacts of insulin affordability on health outcomes, Federal
Government spending (including under the Medicare program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) and the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.)), and
insured and uninsured individuals with diabetes; and
(2) not later than 2 years after the date of enactment
of this Act, submit to Congress a report on the study conducted
under paragraph (1).

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SEC. 10005. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS
LOCATED IN AN AREA AFFECTED BY HURRICANE MARIA.

(a) WAIVER AUTHORITY.—Notwithstanding any other provision
of law, unless enacted with specific reference to this section or
section 392 of the Higher Education Act of 1965 (20 U.S.C. 1068a),
for any affected institution that was receiving assistance under
title III of such Act (20 U.S.C. 1051 et seq.) at the time of a
covered hurricane disaster, the Secretary of Education may, for
each of the fiscal years 2021 through 2025—
(1) waive—
(A) the eligibility data requirements set forth in section
391(d) of the Higher Education Act of 1965 (20 U.S.C.
1068(d));
(B) the wait-out period set forth in section 313(d) of
the Higher Education Act of 1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under section 324 of
the Higher Education Act of 1965 (20 U.S.C. 1063); and
(D) the use of the funding formula developed pursuant
to section 326(f)(3) of the Higher Education Act of 1965
(20 U.S.C. 1063b(f)(3)); and
(2) waive or modify any statutory or regulatory provision
to ensure that affected institutions that were receiving assistance under title III of the Higher Education Act of 1965 (20
U.S.C. 1051 et seq.) at the time of a covered hurricane disaster
are not adversely affected by any formula calculation for fiscal
year 2021 or for any of the four succeeding fiscal years, as
necessary.
(b) DEFINITIONS.—In this section:

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(1) The term ‘‘affected institution’’ means an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that—
(A) is—
(i) a part A institution (which term shall have
the meaning given the term ‘‘eligible institution’’ under
section 312(b) of the Higher Education Act of 1965
(20 U.S.C. 1058(b))); or
(ii) a part B institution, as such term is defined
in section 322(2) of the Higher Education Act of 1965
(20 U.S.C. 1061(2)), or as identified in section 326(e)
of such Act (20 U.S.C. 1063b(e));
(B) is located in a covered area affected by a hurricane
disaster; and
(C) is able to demonstrate that, as a result of the
impact of a covered hurricane disaster, the institution—
(i) incurred physical damage;
(ii) has pursued collateral source compensation
from insurance, the Federal Emergency Management
Agency, and the Small Business Administration, as
appropriate; and
(iii) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment
levels during the 30-day period beginning on September 7, 2017.
(2) The term ‘‘covered area affected by a hurricane disaster’’
means an area for which the President declared a major disaster under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) as a
result of Hurricane Maria.
(3) The term ‘‘covered hurricane disaster’’ means a major
disaster that the President declared to exist, in accordance
with section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), and that was
caused by Hurricane Maria or Hurricane Irma.

7 USC 5936 note.

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Consultation.

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SEC. 10006. FARM AND RANCH MENTAL HEALTH.

(a) PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS
FARM AND RANCH MENTAL HEALTH.—
(1) IN GENERAL.—The Secretary of Agriculture, in consultation with the Secretary of Health and Human Services, shall
carry out a public service announcement campaign to address
the mental health of farmers and ranchers.
(2) REQUIREMENTS.—The public service announcement campaign under paragraph (1) shall include television, radio, print,
outdoor, and digital public service announcements.
(3) CONTRACTOR.—
(A) IN GENERAL.—The Secretary of Agriculture may
enter into a contract or other agreement with a third
party to carry out the public service announcement campaign under paragraph (1).
(B) REQUIREMENT.—In awarding a contract under
subparagraph (A), the Secretary of Agriculture shall use
a competitive bidding process.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Agriculture to carry

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out this subsection $3,000,000, to remain available until
expended.
(b) EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND
RANCHER STRESS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this subsection, the Secretary of Agriculture
shall expand the pilot program carried out by the Secretary
of Agriculture in fiscal year 2019 that trained employees of
the Farm Service Agency in the management of stress experienced by farmers and ranchers, to train employees of the Farm
Service Agency, the Risk Management Agency, and the Natural
Resources Conservation Service in the management of stress
experienced by farmers and ranchers, including the detection
of stress and suicide prevention.
(2) REPORT.—Not less frequently than once every 2 years,
the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report describing the implementation of this subsection.
(c) TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL STRESS
AND BEST PRACTICES FOR RESPONSE.—
(1) IN GENERAL.—The Secretary of Agriculture shall convene a task force of agricultural and rural stakeholders at
the national, State, and local levels—
(A) to assess the causes of mental stress in farmers
and ranchers; and
(B) to identify best practices for responding to that
mental stress.
(2) SUBMISSION OF REPORT.—Not later than 1 year after
the date of enactment of this subsection, the task force convened
under paragraph (1) shall submit to the Secretary of Agriculture
a report containing the assessment and best practices under
subparagraphs (A) and (B), respectively, of paragraph (1).
(3) COLLABORATION.—In carrying out this subsection, the
task force convened under paragraph (1) shall collaborate with
nongovernmental organizations and State and local agencies.
(d) CESSATION OF AUTHORITIES.—Any authorities provided
under this section shall cease to be in effect on October 1, 2023.

Deadline.

Assessment.

Nancy Pelosi
Speaker of the House of Representatives.
Lisa Murkowski
Acting President of the Senate pro tempore.

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IN THE HOUSE OF REPRESENTATIVES, U.S.
December 28, 2020.
The House of Representatives having proceeded to reconsider the bill (H.R. 6395)
entitled ‘‘An Act 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.’’, returned by the President of the United States
with his objections, to the House of Representatives, in which it originated, it was

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Resolved, That the said bill do pass, two-thirds of the House of Representatives
agreeing to pass the same.
Cheryl L. Johnson
Clerk.
I certify that this Act originated in the House of Representatives.

Cheryl L. Johnson
Clerk.

IN THE SENATE OF THE UNITED STATES
January 1, 2021.
The Senate having proceeded to reconsider the bill (H.R. 6395) entitled ‘‘An Act
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.’’, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was
Resolved, That the said bill do pass, two-thirds of the Senators present having
voted in the affirmative.
Julie E. Adams
Secretary.

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Approved January 1, 2021.

LEGISLATIVE HISTORY—H.R. 6395:
HOUSE REPORTS: Nos. 116–442 and Pt. 2 (both from Comm. on Armed Services)
and 116–617 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 166 (2020):
July 20, 21, considered and passed House.
Nov. 16, considered and passed Senate, amended.
Dec. 8, House agreed to conference report.
Dec. 9–11, Senate considered and agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Dec. 23, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 166 (2020):
Dec. 28, House overrode veto.
Dec. 30, 31, Senate considered veto message.
CONGRESSIONAL RECORD, Vol. 166 (2021):
Jan. 1, Senate overrode veto.

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